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HomeMy WebLinkAbout2016-02-08 City Council Agenda PacketCITY OF PALO ALTO CITY COUNCIL February 8, 2016 Special Meeting Council Chambers 4:30 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday preceding the meeting. 1 February 8, 2016 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. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Closed Session 4:30-7:00 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Keene, Molly Stump, Suzanne Mason, Dania Torres Wong, Alison Hauk) Employee Organizations: Palo Alto Police Officers Association (PAPOA); Palo Alto Police Managers’ Association (PAPMA); Palo Alto Fire Chiefs’ Association (FCA); International Association of Fire Fighters (IAFF), Local 1319; Service Employees International Union, (SEIU) Local 521; Management, Professional and Confidential Employees; Utilities Management and Professional Association of Palo Alto (UMPAPA) Authority: Government Code Section 54957.6(a) REVISED 2 February 8, 2016 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. 2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: Palo Alto Post Office, 380 Hamilton Avenue, Palo Alto, CA 94301 Agency Negotiators: James Keene, Lalo Perez, Hamid Ghaemmaghami Negotiating parties: US Postal Service and City of Palo Alto Under Negotiation: Purchase and Leaseback – Price and Terms of Payment Agenda Changes, Additions and Deletions City Manager Comments 7:00-7:10 PM Oral Communications 7:10-7:25 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 7:25-7:30 PM 3.Approval of Action Minutes for the January 19 and 25, 2016 Council Meetings Consent Calendar 7:30-7:35 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 4.Staff Recommendation That the City Council Adopt a Resolution Approving the “2016 Procedures for Customer Identity and Credit Security” 5.Approval and Authorization for the City Manager to Execute a Contract With Celerity Integrated Services Inc. in an Amount Not-to-Exceed $122,500 for Fiber Optic System Review Services for a Term Through April 30, 2016 With a 15 Percent Contingency of $18,375 for Related Work, for a Total Authorized Amount Not-to-Exceed $140,875, Capital Improvement Program Project FO-16000 6.Approval of Amendment to Table of Organization by Adding 1.0 Management Analyst in the Development Services Department 7.Appointment of 2016 Emergency Standby Council 7a. Approval of a Contract With Freytag & Associates in the Amount of $237,500 for Airplane Noise Assessment & Mitigation; and Approval of a Budget Amendment in the General Fund for Fiscal Year 2016, Offset by a Reduction of $237,500 from the General Fund Budget Stabilization Reserve At-Places Memo 3 February 8, 2016 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. Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 7:35-9:15 PM 8.Review and Discussion Regarding the Draft Community Services and Facilities Element Recommended by the Comprehensive Plan Update Citizens Advisory Commission (CAC) 9:15-10:00 PM 9.Adoption of Administrative Guideline for Implementation of the Interim Office/R&D Annual Limit in Fiscal Years 2016 and 2017 10:00-10:30 PM 10.Envision Silicon Valley County Sales Tax Measure: North County and West Valley Cities Position Advocacy Inter-Governmental Legislative Affairs Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. 4 February 8, 2016 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. Additional Information Standing Committee Meetings Policy and Services Committee Meeting February 9, 2016 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report Council Roster Public Letters to Council Set 1 CITY OF PALO ALTO OFFICE OF THE CITY CLERK February 8, 2016 The Honorable City Council Palo Alto, California Approval of Action Minutes for the January 19 and 25, 2016 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS:  Attachment A: 01-19-16 DRAFT Action Minutes (DOC)  Attachment B: 01-25-16 DRAFT Action Minutes (DOC) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 7 Special Meeting January 19, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:00 P.M. Present: Berman, Burt, DuBois, Filseth arrived at 5:05 P.M., Holman, Kniss arrived at 7:20 P.M., Scharff, Schmid arrived at 5:05 P.M., Wolbach arrived at 5:02 P.M. Absent: Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Keene, Molly Stump, Suzanne Mason, Dania Torres Wong, and Alison Hauk) Employee Organizations: Palo Alto Police Officers Association (PAPOA); Palo Alto Police Managers’ Association (PAPMA); Palo Alto Fire Chiefs’ Association (FCA); International Association of Fire Fighters (IAFF), Local 1319; Service Employees International Union (SEIU), Local 521; Management, Professional and Confidential Employees; Utilities Management and Professional Association of Palo Alto (UMPAPA) Authority: Government Code Section 54957.6(a). MOTION: Council Member Wolbach moved, seconded by Council Member Berman to go into Closed Session. MOTION PASSED: 6-0 Filseth, Kniss, Schmid absent Council went into Closed Session at 5:04 P.M. Council returned from Closed Session at 6:10 P.M. Mayor Burt announced no reportable action. DRAFT ACTION MINUTES Page 2 of 7 City Council Meeting Draft Action Minutes: 1/19/16 Agenda Changes, Additions and Deletions None. Minutes Approval 2. Approval of Action Minutes for the January 4, 2016 Council Meeting. MOTION: Vice Mayor Scharff moved, seconded by Council Member DuBois to approve the Action Minutes for the January 4, 2016 Council Meeting. MOTION PASSED: 8-0 Kniss absent Consent Calendar MOTION: Council Member DuBois moved, seconded by Council Member Berman to approve Agenda Item Number 3. 3. Adoption of an Ordinance Amending Palo Alto Municipal Code Chapter 4.60 (Business Registration Program) to Exempt Very Small Businesses, Very Small Non-Profits, and Religious Organizations With no Ancillary Business on Site From the Business Registration Program, and Review of Policy and Services Committee Recommended Updates to Enforcement Approach and Questionnaire. MOTION PASSED: 8-0 Kniss absent Action Items 4. Approval of a Request for Proposal (RFP) for the Sale of 2,500 Square Feet of Transferrable Development Rights for the Sea Scout Building (Without Parking Exemption) and Direction to Amend the Lease Between the City and the Environmental Volunteers to Reflect Updated Obligations Regarding Restroom Construction. MOTION: Vice Mayor Scharff moved, seconded by Council Member Wolbach to: A. Approve the Request for Proposal (RFP) for the sale of 2,500 square feet of Transferrable Development Rights (TDR) from the Sea Scout DRAFT ACTION MINUTES Page 3 of 7 City Council Meeting Draft Action Minutes: 1/19/16 Building (without inclusion of parking exemptions) at the minimum starting price of $225 per square foot; and B. Authorize the City Manager or his designee to execute and complete the sale of the subject TDR that do not contain “Parking Exemption Rights” to the highest qualified bidder(s), at a price not less than $225 per square foot; and C. Authorize the City Manager or his designee to reimburse the Environmental Volunteers (EV) in the amount of $300,000 from the sale proceeds of the TDR for expenses incurred for the rehabilitation and capital improvement of the Sea Scout Building. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to begin the process of using the Budget Stabilization Reserve to build a restroom at the site.” (New Part D) MOTION PART D RESTATED: Direct Staff to begin the process of building a restroom at the site and identifying a funding source. SUBSTITUTE MOTION: Council Member Filseth moved, seconded by Council Member DuBois to: A. Allocate $300,000 from the Budget Stabilization Reserve to fund this project; and B. Direct Staff to begin the process of building a restroom at the site and identifying a funding source. INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Substitute Motion, “release EV from the construction obligation.” (New Part C) INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in Part B of the Substitute Motion, “direct Staff to begin the process of building a restroom at the site and identifying a funding source” with “direct Staff to work with the Parks and Recreation Commission to identify a funding source and location for a restroom.” DRAFT ACTION MINUTES Page 4 of 7 City Council Meeting Draft Action Minutes: 1/19/16 SUBSTITUTE MOTION AS AMENDED FAILED: 3-5 DuBois, Holman, Schmid yes, Kniss absent INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in Part D of the Motion, “direct Staff to begin the process of building a restroom at the site and identifying a funding source” with “direct Staff to work with the Parks and Recreation Commission to identify a funding source and location for a restroom.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “amend Section IXB of the Lease between the City of Palo Alto and EV to release EV from the development and construction obligations of building a public restroom in the Baylands Parkland and authorize the City to assume and manage the construction of the public restroom.” (New Part E) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “reduce the payment from EV to the City for the cost of construction of the public restroom from $75,000 to $35,000.” (New Part F) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return to Council at a later date regarding sale price and the use of any excess funding above $300,000.” (New Part G) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part G of the Motion with, “direct Staff to transfer any excess funds to EV for the maintenance of the building if allowed by the TDR Ordinance, or if not allowable transfer the funds to a historic renovation fund.” MOTION AS AMENDED PASSED: 8-0 Kniss absent 5. PUBLIC HEARING: Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor’s Executive Order B-29-15. Public Hearing opened at 7:44 P.M. DRAFT ACTION MINUTES Page 5 of 7 City Council Meeting Draft Action Minutes: 1/19/16 Public Hearing closed at 7:49 P.M. MOTION: Council Member Holman moved, seconded by Council Member DuBois to: A. Take no action on the proposed emergency Ordinance; and B. Direct Staff to return at the earliest possible time after convening a stakeholder group made up of groups such as Canopy, Acterra, Audubon, and after discussions with the Parks and Recreation Commission and relevant City Staff including Urban Forester and Arborist; and C. Conduct review processes keeping the Urban Forest Master Plan and the Parks Master Plan as part of input consideration. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B, “with an Ordinance” after “earliest possible time.” MOTION AS AMENDED PASSED: 9-0 Council took a break from 8:05 P.M. to 8:16 P.M. 6. Joint Session With the Citizens Advisory Committee for the Comprehensive Plan Update: Introduction to the Comprehensive Plan Update Draft Environmental Impact Report & Review of Next Steps in the Planning Process. Council Member Kniss left the meeting at 10:54 P.M. MOTION: Council Member DuBois moved, seconded by Council Member Holman to: A. Direct Staff to present an updated schedule of Citizens Advisory Committee for the Comprehensive Plan Update (CAC) and Council meetings relating to the Comprehensive Plan Update, as soon as possible with check ins in April, May and September with a goal of delving into key decision areas on job and population growth assumptions, growth management, traffic, and a final Draft Environmental Impact Report (DEIR); and DRAFT ACTION MINUTES Page 6 of 7 City Council Meeting Draft Action Minutes: 1/19/16 B. Direct Staff to move forward with a Draft Environmental Impact Report (DEIR) of various scenarios, replacing Scenario Four “Sustainability Tested” with a scenario which shifts the jobs/housing balance by limiting office expansion and replacing some commercial use with housing. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part B of the Motion with, “direct Staff to move forward with a Draft Environmental Impact Report (DEIR) of various scenarios, adding a fifth scenario which shifts the jobs/housing balance by limiting office expansion and replacing some commercial use with housing.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part A, “as Action Items” after “May and September.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part A of the Motion with, “direct Staff to come to the City Council Retreat with a more definitive schedule of when the variety of issues discussed this evening will be scheduled for Council consideration.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part B of the Motion with, “direct Staff to return to Council with the DEIR as well as a possible fifth scenario which lowers the jobs/housing ratio and the implications that will have on the timing and process of completing the Comprehensive Plan Update.” AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “Council empowers the Citizens Advisory Committee for the Comprehensive Plan Update (CAC) if it so chooses to establish small sub-committee meetings that do not require Staff support.” AMENDMENT WITHDRAWN BY THE MAKER MOTION AS AMENDED PASSED: 8-0 Kniss absent MOTION: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “council empowers the Citizens Advisory Committee for the Comprehensive Plan Update (CAC) if it so chooses to establish small sub-committee meetings that do not require Staff support.” DRAFT ACTION MINUTES Page 7 of 7 City Council Meeting Draft Action Minutes: 1/19/16 MOTION FAILED DUE TO THE LACK OF A SECOND Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements None. Adjournment: The meeting was adjourned at 12:07 A.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 4 Special Meeting January 25, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:04 P.M. Present: Berman, Burt, DuBois, Filseth, Holman, Kniss, Scharff, Schmid arrived at 5:06 P.M., Wolbach arrived at 5:05 P.M. Absent: Special Orders of the Day 1. Midpeninsula Regional Open Space District Measure AA Update. Agenda Changes, Additions and Deletions Staff requests Agenda Item Number 19- FY 2015 Performance Report, the National Citizen Survey™… be continued to January 30, 2016. Minutes Approval 2. Approval of Action Minutes for the January 11, 2016 Council Meeting. MOTION: Vice Mayor Scharff moved, seconded by Council Member Berman to approve the Action Minutes for the January 11, 2016 Council Meeting. MOTION PASSED: 9-0 Consent Calendar MOTION: Council Member Holman moved, seconded by Council Member DuBois to approve Agenda Item Numbers 3-13, and 15. DRAFT ACTION MINUTES Page 2 of 4 City Council Meeting Draft Action Minutes: 1/25/16 Vice Mayor Scharff advised he would not participate in Agenda Item Number 10- Approve… Komuna Palo Alto, LLC… because he owns real property within 500 feet of a City owned parking structure. Council Member Kniss advised she would not participate in Agenda Item Number 10- Approve… Komuna Palo Alto, LLC… because she owns real property within 500 feet of a City owned parking structure. 3. Approval and Authorization for the City Manager to Extend the Term of the Construction Inspection Services Contract With Canus Corporation (C13145442) to July 31, 2016 With no Change to the Total Amount. 4. Review and Acceptance of Annual Status Report on Development Impact Fees for Fiscal Year 2015. 5. Policy and Services Committee Recommendation to Accept the Auditor's Office Quarterly Report as of September 30, 2015. 6. Finance Committee Recommendation to Accept Macias Gini & O'Connell's Audit of the City of Palo Alto's Financial Statements as of June 30, 2015, and Management Letter. 7. Approval of a Contract With O'Grady Paving Inc. in the Amount of $1,988,344 for the FY 2016 Alma Street and Middlefield Road Paving Project. 8. Approval of Amendment Number Two to Contract Number C14149978 With Dyett & Bhatia Urban and Regional Planners in the Amount of $42,000 to Complete/Provide Downtown Cap Study Policy Recommendations and Analyze Scope of Downtown Basement Conversions to Office Space. 9. Approval of Amendment Number Three to the Palo Alto-Stanford Fire Protection Agreement With the Board of Trustees of the Leland Stanford Junior University Extending the Term for one Year for a Total Fee of $6.5 Million, and Amendment of the FY 2016 Budget to Reduce the General Fund Budget Stabilization Reserve by $675,000 to Offset a Reduction in FY 2016 Fire Department Revenues (CONTINUED FROM DECEMBER 7 and 14, 2015). DRAFT ACTION MINUTES Page 3 of 4 City Council Meeting Draft Action Minutes: 1/25/16 10. Approve and Authorize the City Manager or His Designee to Execute a 25-year Lease Agreement With Annual Lease Payments of $20,000 Between the City and Komuna Palo Alto, LLC Covering Four City- Owned Parking Structures for: (1) Construction and Operation of Solar Photovoltaic Systems, With the Potential to be a Palo Alto Clean Local Energy Accessible Now (CLEAN) Program Participant; and (2) Installation of City-Owned Electric Vehicle Chargers and Infrastructure. 11. Policy and Services Committee Recommendation Regarding 2016 City Council Priority Setting and Annual Retreat. 12. Ordinance 5376 Entitled, “Ordinance of the Council of the City of Palo Alto Amending Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto Municipal Code to Include E-Cigarettes, Change Signage Language, and Include Additional Enforcement Options (FIRST READING: January 11, 2016 PASSED: 9-0).” 13. Ordinance 5377 Entitled, “Ordinance of the Council of the City of Palo Alto Amending Title 5 (Health and Sanitation) and Title 18 (Zoning) of the Palo Alto Municipal Code to Require all Businesses to Subscribe to Recycling and Compost Services and Comply With Refuse Sorting Requirements (FIRST READING: January 11, 2016 PASSED: 9-0).” 14. Approval of Agreement With Empowerment Institute on Cool Block Small Pilot Program (Continued to February 1, 2016). 15. Review and Approval of a Draft Process Letter From the City of Palo Alto to the California High Speed Rail Authority and Caltrain. MOTION FOR AGENDA ITEM NUMBERS 3-9, 11-13, 15 PASSED: 9-0 MOTION FOR AGENDA ITEM NUMBER 10 PASSED: 7-2 Kniss, Scharff not participating Council took a break from 5:42 P.M. to 5:52 P.M. Study Session 16. Study Session With Stefan Heck Regarding Innovation, Energy, and Transportation Issues. DRAFT ACTION MINUTES Page 4 of 4 City Council Meeting Draft Action Minutes: 1/25/16 17. Study Session Regarding Ongoing Preparation of a Sustainability/ Climate Action Plan (S/CAP) to Update and Replace the City's 2007 Climate Protection Plan. 18. Study Session on the Parks, Trails, Natural Open Space, and Recreation Master Plan. 19. FY 2015 Performance Report, the National Citizen Survey™, and Citizen Centric Report. Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements Council Member Kniss announced two events taking place on Thursday night, the California League of Cities, Peninsula Division Quarterly Dinner, and the High Speed Rail Authority, Local Policy Maker Group Meeting. Mayor Burt announced an introduction to the Project Safety Net Director Mary Gloner on Wednesday night. Adjournment: The meeting was adjourned in memory of Dr. R. Hewlett Lee at 11:29 P.M. • CITY OF PALO ALTO TO: FROM: AGENDA DATE: SUBJECT: CITY OF PALO ALTO MEMORANDUM HONORABLE CITY COUNCIL Beth Minor, City Clerk February 8, 2016 APPROVAL OF ACTION MINUTES FOR THE JANUARY 19 AND 25, 2016 COUNCIL MEETINGS An error in the Minutes for the January 19 City Council Meeting Minutes as submitted in your Council Packet has been noted. The vote on a Substitute Motion for Agenda Item Number 4 pertaining to the Sea Scout Building should list Council Members DuBois, Filseth, and Schmid as voting in the affirmative. Find the corrected vote below and complete excerpted Action Minutes for this Agenda Item attached. INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in Part B of the Substitute Motion, "direct Staff to begin the process of building a restroom at the site and identifying a funding source" with "direct Staff to work with the Parks and Recreation Commission to identify a funding source and location for a restroom." SUBSTITUTE MOTION AS AMENDED FAILED: 3-5 DuBois, Filseth, Schmid yes, Kniss absent We request this change be incorporated in Council's approval of these Action Minutes. Thank you, ���/ Beth Minor City Clerk CITY OF PALO ALTO CITY COUNCIL EXCERPT DRAFT ACTION MINUTES Page 1 of 3 Special Meeting January 19, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:00 P.M. Present: Berman, Burt, DuBois, Filseth arrived at 5:05 P.M., Holman, Kniss arrived at 7:20 P.M., Scharff, Schmid arrived at 5:05 P.M., Wolbach arrived at 5:02 P.M. Absent: Action Items 4. Approval of a Request for Proposal (RFP) for the Sale of 2,500 Square Feet of Transferrable Development Rights for the Sea Scout Building (Without Parking Exemption) and Direction to Amend the Lease Between the City and the Environmental Volunteers to Reflect Updated Obligations Regarding Restroom Construction. MOTION: Vice Mayor Scharff moved, seconded by Council Member Wolbach to: A. Approve the Request for Proposal (RFP) for the sale of 2,500 square feet of Transferrable Development Rights (TDR) from the Sea Scout Building (without inclusion of parking exemptions) at the minimum starting price of $225 per square foot; and B. Authorize the City Manager or his designee to execute and complete the sale of the subject TDR that do not contain “Parking Exemption Rights” to the highest qualified bidder(s), at a price not less than $225 per square foot; and C. Authorize the City Manager or his designee to reimburse the Environmental Volunteers (EV) in the amount of $300,000 from the DRAFT ACTION MINUTES Page 2 of 3 City Council Meeting Draft Action Minutes: 1/19/16 sale proceeds of the TDR for expenses incurred for the rehabilitation and capital improvement of the Sea Scout Building. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to begin the process of using the Budget Stabilization Reserve to build a restroom at the site.” (New Part D) MOTION PART D RESTATED: Direct Staff to begin the process of building a restroom at the site and identifying a funding source. SUBSTITUTE MOTION: Council Member Filseth moved, seconded by Council Member DuBois to: A. Allocate $300,000 from the Budget Stabilization Reserve to fund this project; and B. Direct Staff to begin the process of building a restroom at the site and identifying a funding source. INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Substitute Motion, “release EV from the construction obligation.” (New Part C) INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in Part B of the Substitute Motion, “direct Staff to begin the process of building a restroom at the site and identifying a funding source” with “direct Staff to work with the Parks and Recreation Commission to identify a funding source and location for a restroom.” SUBSTITUTE MOTION AS AMENDED FAILED: 3-5 DuBois, Filseth, Schmid yes, Kniss absent INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in Part D of the Motion, “direct Staff to begin the process of building a restroom at the site and identifying a funding source” with “direct Staff to work with the Parks and Recreation Commission to identify a funding source and location for a restroom.” DRAFT ACTION MINUTES Page 3 of 3 City Council Meeting Draft Action Minutes: 1/19/16 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “amend Section IXB of the Lease between the City of Palo Alto and EV to release EV from the development and construction obligations of building a public restroom in the Baylands Parkland and authorize the City to assume and manage the construction of the public restroom.” (New Part E) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “reduce the payment from EV to the City for the cost of construction of the public restroom from $75,000 to $35,000.” (New Part F) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return to Council at a later date regarding sale price and the use of any excess funding above $300,000.” (New Part G) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part G of the Motion with, “direct Staff to transfer any excess funds to EV for the maintenance of the building if allowed by the TDR Ordinance, or if not allowable transfer the funds to a historic renovation fund.” MOTION AS AMENDED PASSED: 8-0 Kniss absent Adjournment: The meeting was adjourned at 12:07 A.M. City of Palo Alto (ID # 6231) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/8/2016 City of Palo Alto Page 1 Summary Title: 2016 Update of the Utilities 2010 Procedures for Customer Identity and Credit Security Title: Staff Recommendation That the City Council Adopt a Resolution Approving the “2016 Procedures for Customer Identity and Credit Security” From: City Manager Lead Department: Utilities RECOMMENDED MOTION Staff recommends that Council consider the following motion: The Council hereby adopts a resolution approving the Utilities Department’s “2016 Procedures for Customer Identity and Credit Security”. RECOMMENDATION Staff recommends that Council adopt a resolution approving the “2016 Procedures for Customer Identity and Credit Security” (the Procedures). EXECUTIVE SUMMARY Since the original adoption of the Procedures in 2008, and subsequent updates reflecting changes to Utilities business practices after implementation of SAP in 2009, there have not been any verified instances of CPAU customer identity or theft of credit information, or substantive changes required to the Procedures The proposed 2016 update to the 2010 Procedures:  Appoints the City Manager (rather than Council) as the Administrator of the Identity and Credit Security Program (Program) and the Procedures for Customer Identity and Credit Security (Procedures);  Authorizes the Administrator (rather than Council) to be responsible for oversight, development, implementation, reporting, and future revisions of the Program and Procedures; and,  Authorizes the Administrator to coordinate the data security provisions of the Program and Procedures with the Information Technology Department’s requirements for the Information Security Policy and Information Privacy Policy. City of Palo Alto Page 2 DISCUSSION There are multiple state and federal mandates supporting cybersecurity, identity theft protection and response, and consumer credit security. Enacted over the past several years, they target business and consumer data, financial infrastructure, data access, online and physical controls, staff training, security breaches, incident management and organizational compliance. The City of Palo Alto adopted a formal program for customer identity and credit theft protection in 2008 ((Procedures). These guidelines and actions were designed to correspond with the patterns, practices or specific identity and credit security activities identified by the “Fair and Accurate Credit Transactions Act of 2003” (FACT Act) that could indicate the possible existence of CPAU customer identity theft. The purpose of the FACT Act legislation was to provide consumers with additional tools to fight the growing crimes of identity and credit theft. The FACT Act required City of Palo Alto Utilities Department (CPAU) to create a formal program for the identification, detection, response and mitigation of specific business practices (or “red flags”) that could indicate an instance of identity theft impacting CPAU customers. CPAU complies with the requirements of the FACT Act, because it continues to qualify as a “creditor” under federal regulations (service in advance of payment). The proposed reassignment of duties better reflects the administrative and operational nature of the required responsibilities. While retaining interdepartmental checks and balances and citywide consistency, delegation of responsibility clarifies roles and facilities program modification may be needed to address future threats. NEXT STEPS The City Manager will assume administration of the Procedures, and staff will continue to review CPAU business processes report compliance with FACT Act requirements, and incorporate improvements for customer identity and credit security into future updates of the Procedures. RESOURCE IMPACT There is no impact on Utilities sales, revenues or budgets. POLICY IMPLICATIONS Adoption by Resolution will update the “2010 Procedures for Customer Identity and Credit Security,” and delegate future oversight and administrative functions for the “2016 Procedures” to the City Manager. City of Palo Alto Page 3 ENVIRONMENTAL REVIEW Council’s adoption of a resolution updating the Procedures does not meet the definition of a project, pursuant to Section 21065 of the California Environmental Quality Act, thus no environmental review is required. Attachments:  Attachment A: Draft 2016 Procedures for Customer Identity and Credit Security - CLEAN Version (PDF)  Attachment B: Draft 2016 Procedures for Customer Identity and Credit Security - REDLINED Version (PDF)  Attachment C: Draft Resolution Adopting the 2016 Procedures for Identity and Credit Security (PDF) P a g e | 1 Proposed Effective Date: February 8, 2016 City of Palo Alto Utilities DRAFT 2016 Procedures for Customer Identity and Credit Security ATTACHMENT A P a g e | 2 Proposed Effective Date: February 8, 2016 2016 Procedures for Customer Identity and Credit Security SECTION PAGE 1. Policy Statement 3 2. Utilities Identity and Credit Theft Prevention 4 A. Definitions 4 B. The Red Flag Rule 4 C. Identity and Credit Theft Program Adoption 5 (Procedures) D. Requirements of the Procedures 5 3. Administration of the Procedures for Customer Identity and Credit Security 6 4. Customer Identity and Credit Information, Systems and Access 7 A. Classification of Information B. Utilities Customer Information Systems 7 C. Identity and Credit Information Access 8 5. Identification, Detection, Response and Mitigation of Red Flags 10 A. Customer Service 10 B. Billing and Payment 11 C. Credit and Collection 13 D. Other City Departments 14 End P a g e | 3 Proposed Effective Date: February 8, 2016 1. Policy Statement The City of Palo Alto shall ensure that proprietary and confidential Utilities customer information is secure from identity theft as required by law and business practice. The Fair Credit Reporting Act, 15 United States Code, Section 1681 ET. seq., was amended to include the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159), hereinafter referred to as the FACT Act. The FACT Act requires those businesses and organizations which can affect consumer credit to create a formal program to detect, prevent, respond and mitigate potential identity theft before December 31, 2010. P a g e | 4 Proposed Effective Date: February 8, 2016 2. Utilities Identity and Credit Theft Prevention The Fair and Accurate Credit Transaction Act of 2003 (FACT Act) requires those entities which can affect consumer credit to create a formal identity theft prevention program to detect, prevent and mitigate identity theft before December 31, 2010. A. Definitions The “Red Flag Rule” is a set of United States federal regulations that require certain businesses and organizations identified as “creditors” to develop and implement documented plans to protect consumers from identity theft. “Identity theft' means a fraud committed using the identifying information of another person. A “creditor” is any entity that regularly extends, renews, or continues credit; any entity that regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who is involved in the decision to extend, renew, or continue credit. Accepting credit cards as a form of payment does not in and of itself make an entity a creditor. Creditors include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors. Only those financial institutions and creditors that offer or maintain "covered accounts" must develop and implement a written Program. A "covered account" is either: an account primarily for personal, family, or household purposes; that involves or is designed to permit multiple payments or transactions, such as a credit card account, mortgage loan, car loan, margin account, cell phone account, utility account, checking account, or savings account; or any other account for which there is a reasonably foreseeable risk to customers or creditor from identity theft. An “Identity Theft Report” alleges an identity theft; is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service; and, subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. B. Red Flag Rule There are a total of twenty-six individual red flags comprising the Red Flag Rule, with five categories of common red flags: P a g e | 5 Proposed Effective Date: February 8, 2016 1. Alerts, notifications, and warnings from a credit reporting company, including address discrepancies. 2. Suspicious documents that look like they have been altered or forged, or that the information or description does not match the applicant or customer. 3. Suspicious personal identifying information, including inconsistent data. 4. Suspicious account activity, including name changes, unauthorized charges or address changes for credits or refunds. 5. Notification by another source, including a customer, another victim of identity theft, a law enforcement authority, or other person regarding an account having an Identity heft Report completed, or other notice that an account may have been compromised by identity theft. C. Identity and Credit Theft Program Adoption (Procedures) The City Council of Palo Alto adopted the Utilities Department formal identity and credit theft prevention program entitled “Procedures for Customer Credit Security” (Procedures) on September 3, 2008. The Procedures focus on red flags -defined as patterns, practices, or specific activities that indicate possible existence of identity theft on a covered account. D. Requirements of the Procedures The Procedures were designed to: 1. Identify red flags for covered accounts and incorporate those red flags into the Procedures 2. Detect red flags that have been incorporated into the Procedures 3. Respond appropriately to any red flags that are detected 4. Mitigate the occurrence of identity or credit theft 5. Ensure the Procedures are updated annually, to reflect the changes in identity or credit theft risk 6. Provide for administration and update of the Procedures with red flags identified and incorporated into specific operational and transactional policies and procedures for City departments with access to confidential Utilities customer data. P a g e | 6 Proposed Effective Date: February 8, 2016 3. Administration of the Procedures for Customer Identity and Credit Security The Palo Alto City Council shall provide for the continued administration of the Procedures. This includes: 1. Approval of the initial written Procedures by Council; 2. Designating the City Manager as Administrator for oversight, development, implementation and administration of the Procedures; 3. As Administrator for the Procedures, the City Manager shall, pursuant to 12 CFR Sec. 41.90 of the FACT Act: a. assign specific responsibility for the implementation of the Procedures; review annual reports prepared by staff regarding Utilities compliance with the provisions of the FACT Act; 4. Having Utilities staff coordinate the data security provisions of the Procedures with the Information Technology Department’s requirements for the Information Security Policy and Information Privacy Policy; 5. Train staff, as necessary, to effectively implement the Procedures; 6. Exercise appropriate and effective oversight of service provider arrangements; and 7. Approve material changes to the Procedures as necessary to address changing identity and credit theft risk (Section 6(a) (3)). If actual physical or electronic theft of customer identity or credit occurs, the Directors of the Utilities, Information Technology, and Administrative Services Departments shall work with the City Manager’s Office, City Attorney, City Auditor and the Palo Alto Police Department, as appropriate, to mitigate the threat. P a g e | 7 Proposed Effective Date: February 8, 2016 4. Customer Identity and Credit Information, Systems and Access A. Classification of Information 1. Customer Identity Information Customer identity and credit information subject to theft includes name, address, account number, Social Security Number, spouse or secondary account holder identification, contact information, credit information, log-ins and passwords. 2. Customer Financial Information Customer financial information subject to theft includes payment history, deposit information, payment transaction records, extended payment arrangements, credit card numbers, voided check information, and bank account numbers. B. Utilities Customer Information Systems 1. Historical Customer Identification and Financial Information Current and prior customer information resides in BANNER, the CPAU predecessor to SAP. This database has been retained for archival purposes, and this information could be subject to theft. 2. SAP Utilities Customer Care and E-Services On May 4, 2009, the City implemented a new SAP-based Utilities Customer Care and Service (U-CCS) information system. In March of 2010, the Utilities Customer E-Service (UCES) system with the “My Utilities Account” (MUA) web portal was activated. Confidential Utilities Customer information is retained in the U-CCS and Utilities Customer E- Service (U-CES) online information system, and this information could be subject to theft. Implementation of the U-CCS requires ongoing review and modification of the business practices, policies and procedures for protecting consumer identity and credit information in Utilities Customer Service, Billing and Payment, Credit and Collection, and other City departments. Cyber-security precautions were created prior and subsequent to the implementation of the online customer e-service system. Cyber-security enhancements are also made on an ongoing basis to assure that access to customer identity and credit data is properly restricted to authorized staff. P a g e | 8 Proposed Effective Date: February 8, 2016 C. Identity and Credit Information Access 1. Securing Identity and Credit Information within the SAP Utilities Customer Care and Service (U-CCS) System a. Unique numbers are used to establish credit, manage customer account security, identify customers, and permit collection action after disconnection for non-payment. This information is required under Utilities Rule and Regulations #4 “Application for Service.” Refusal to provide the required information will terminate the CPAU “Application for Service” process. b. Upon opening, transferring or closing customer accounts, current customer billing procedures require the applicant (and spouse or secondary account holder if the account is opened in both names) to provide either his/her/their Social Security Numbers (SSN) or Driver’s License Numbers (DLN). For residential customers, if the SSN or DLN is not available, the identification requirement defaults to the U.S. customer’s passport number. These numbers will be masked except for the last four digits. c. For commercial customers, the required identification is the Tax Identification Numbers (TIN). TINs will be masked except for the last four digits. d. City staff access to customer Utilities information will be SAP role-specific, allowing certain functions within the system to be accessible. Role assignments will be made based upon review and approval by the SAP Project Management Office (PMO), the Utilities Department, and the Administrative Services Department. Financial functions of particular roles include, but are not limited to: establishment and refund of deposits; billing adjustments; payment reversals; cancellation of bills; and write-off of outstanding balances. Roles and responsibilities will be reviewed quarterly by CPAU management and the PMO, with the intent to limit the number of staff having access to sensitive customer identity and financial data. e. Staff will review documents to ensure that only customer name, and correct mailing or service address, are displayed in any mail-merged documents or mailing labels. f. A bonded, professional shredding company will be retained to destroy all bulk documents containing customer billing information. Documents awaiting bulk destruction will be kept in a locked receptacle. Documents with red flag data, not being held for bulk destruction, will be shredded on- site, as soon as they are no longer needed by the staff member generating the documents. g. All payment and operational transactions within each customer account will be monitored and tracked by the SAP internal audit function. P a g e | 9 Proposed Effective Date: February 8, 2016 h. Staff roles and authorizations for the unmasking and transmission of customer Social Security Numbers to the City’s collection agency will be restricted and monitored. 2. Securing Identity and Credit Information within the SAP Utilities Customer E- Service (U-CES) System In order to access account information online, customers must create a user name and password. These are controlled by the customer, and the Utilities Customer E-Service (U-CES) account is accessed via the “My Utilities Account” (MUA) web portal. Customer accessible information includes: the name(s) on the account, billing and service addresses associated with the account, consumption data; meter reads; dates of service; charges; billing adjustments; and payment history. Customers can conduct a limited number of on-line transactions, including modifying their e-mail addresses, establishing or updating a phone number, and sending a customer note to CPAU staff regarding account information. The U-CES system permits the linking of all accounts for the same customer to a single customer-created user name and password; viewing and payment of bills online; printing of monthly bills via an online download; requesting a move-out, online self-enrollment in bank drafting; making single- transaction credit card payments; communicating with CPAU staff via email, and reviewing bank draft transactions. a. Failure by the authorized account-holder to designate alternative parties to access their account information (spouse, domesticate partner, or other third-party) will restrict account access to either the customer, or court- ordered estate executor. b. The Terms and Conditions and Frequently Asked Questions sections for cyber-security, customer access, and use of the online My Utilities Account system will be updated immediately after changes are implemented. c. Notification of CPAU by the authorized account holder that their identity or credit information has been compromised or stolen will result in termination of external online access to the affected account until such time as the account can be re-established by the customer. d. A firewall installed to protect the SAP UCES portal “My Utilities Account” shall be tested and maintained on an on-going basis. 3. Non-Utilities City Staff Access to Customer Red Flag Data a. Strict role definitions, limiting the potential of access or theft of information via stolen password or City staff ID, will be maintained. Access to changes to customer accounts will be limited to the specific roles, reviewed and authorized quarterly. b. Individual or department access to Utilities customer account data by non- Utilities City staff will be reviewed and approved quarterly by the SAP Project Management Office (PMO) and CPAU management. P a g e | 10 Proposed Effective Date: February 8, 2016 c. Electronic access to selected Utilities customer account data by non-Utilities City staff will be restricted to non-red flag data fields and tables. d. Audit trails will be kept for financial transactions within the U-CCS and U-CES systems and include, but not be limited to, reversed transactions, account credits and refunds, and physical refund checks. e. Confidential data included in correspondence submitted to the City shall be redacted before being made publicly available. 5. Identification, Detection, Response and Mitigation of Red Flags The “Procedures for Customer Identity and Credit Security” are already in place to protect customer identity and credit information from theft. Some of the Procedures that apply are initiated by CPAU staff, while others apply when customers access their own account information. The “Procedures” are utilized during the opening, access, billing and collection of payments, and the transfer or closing of customer accounts. They also apply as customer accounts and associated records are internally accessed. Any identification, detection or awareness by CPAU of a Red Flag incident would result in an investigative response and mitigation effort on the part of Utilities, and may include contact with an appropriate law enforcement agency on behalf of a CPAU customer, or self-reporting by an existing CPAU customer. CPAU will determine whether to freeze access to the customer account information, or initiate a review of staff access of account information to verify the appropriateness of that access. A. Customer Service 1. Identifying Red Flags a) To validate the identity of the prospective covered account holder, a Utilities account will not be opened, changed or closed without submittal of the Red Flag data required to determine the identity of the account holder. Customer failure to provide a Social Security Number, Driver’s License Number, Tax Identification Number, or Passport Number will terminate the account initiation process.  Utilities Rule and Regulation 4, “Application for Service” b) Utilities Customer Service, Credit and Collection, and Billing staffs will include the Procedures for Identity and Credit Security in their Policies and Procedures.  Utilities Customer Support Services Division Requirement c) Utilities Customer Service, Credit and Collection, and Billing staffs will conduct annual training in the Procedures for all staff members.  Utilities Customer Support Services Division Requirement 2. Detecting Red Flags a) To prevent unauthorized access to a Covered Account, a Utilities account will be subject to investigation and frozen for transactions in P a g e | 11 Proposed Effective Date: February 8, 2016 the event of presentation of suspicious documents for program application or discounts, determination of a compromised customer password, notices from banking institutions of unauthorized charges to an account, and/or notices from consumer reporting agencies on customer credit freezes.  City Policy and Procedure 1-35/UTL, “Interim Guidelines and Procedures for Protecting Confidential Utilities Information”  Utilities Customer Service Requirement 3. Responding to Red Flags a) Customer reports of identity or credit card theft provided to Customer Service will be routed to the Palo Alto Police Department’s Identity Theft Section for completion of the Identity Theft Report Form. Customers contacting the PAPD to report an incident of identity or credit card theft will be routed to Customer Service, so that the customer’s Covered Account Red Flag data can be secured.  Utilities Customer Service Requirement 4. Mitigating Red Flags a) To prevent unauthorized access to red flag data tables, the SAP query functions that had allowed CPAU staff access to non-masked customer confidential data have been disabled. b) To prevent unauthorized access to red flag data in a covered account, all electronic “screen shots” of monitor images containing red flag data submitted to the IT Helpdesk by staff to illustrate account problems will be stored in a secure electronic folder with staff access restricted by authorized SAP role.  Business Requirement  SAP Project Management Office (PMO) Requirement c) Access to the archived BANNER customer information database will continue to be limited to staff having an authorized SAP role. To prevent unauthorized access to Red Flag data in an archived Covered Account, all Red Flag data has been deleted in BANNER (prior Utilities Customer Information System), including Social Security Numbers (SSN), and the confidential Customer Notes section has been deleted. d) Full Encryption of credit card numbers in SAP Production, Testing and Development environments is required.  Business Requirement  SAP Project Management Office (PMO) Requirement B. Billing And Payment Customers may self-report instances of identity or credit theft; notice may be made by law enforcement agencies of identity or credit theft; inaccurate information may be provided by customers for bank draft payments of Utilities bills; reports may be received of compromised internal credit card P a g e | 12 Proposed Effective Date: February 8, 2016 security; reports may be received of compromised internal checking account (bank draft) security; and reports may be received of compromised external third-party payment vendor security (reported by customer or vendor). 1. Identifying Red Flags The Utilities customer credit card information has been encrypted in conformance with Payment Card Industry (PCI) Standards. a) Utilities customer credit card information will not be stored on the same server that houses the portal that customers use to access their account data. b) Activation of the "role" for access to the encrypted data table will be restricted to three Information Technology staff members who are responsible for data management of the Utilities SAP system, and who take direction from the PMO (but are not part of the PMO). Once access to the encrypted data table is approved by the PMO, and then activated, only an expert programmer familiar with the SAP programming language and the encryption protocol will be authorized to decrypt the data. Thus, access to the credit card data will be protected by three levels of security. c) For quality control purposes, all access to the table containing the encrypted data will be continuously monitored and tracked by the SAP audit function. d) Utilities customer Social Security Numbers, Tax Identification Numbers, credit card numbers and expiration and bank drafting information will be masked on all three CCS and UCES software production, test, and development platforms. e) Customers choosing to pay by bank draft will submit voided checks which are kept in a locked cabinet with access restricted to the Manager, Customer Service and Meter Reading, and the Customer Service Specialist-Lead, and maintained in accordance with the City’s Records Retention Policy.  Business Requirement  SAP Project Management Office (PMO) Requirement 2. Detecting Red Flags a) Receipts produced for credit card payments only contain the last four digits of the credit card, and as an added precaution, expiration date information is not included on the receipt.  City of Palo Alto Cash Handling Procedures  Utilities Customer Service Desk Procedures 3. Responding to Red Flags Customer Service has worked with the Palo Alto Police Department (PAPD) to update the existing PAPD Identity Theft Report Form. This update includes the contact information for CPAU Customer Service and requests the P a g e | 13 Proposed Effective Date: February 8, 2016 individual completing the document to contact CPAU to report the identity or credit problem, so that the customer’s Utilities account information can be secured. a) Incidents of possible customer identity theft shall be reported to the PAPD within 24 hours.  Utilities Customer Service Requirement 4. Mitigating Red Flags a) Verification of SAP credit card handling of encrypted storage, masked display and access tracking will be provided to the City Auditor.  Project Management Office (PMO) Requirement b) Copies of customer credit card slips (when paid by phone) shall be shredded, unless mailed to the customer at their request. c) Customer data printouts, reports, efficiency applications, worksheets, receipts, and bills generated in the IT Test or Development systems, will be shredded. d) To ensure proper security and handling of credit card slips, Customer Service Phone Center staff will use a keyed lockbox for storage. e) To secure credit card transactions, the computer terminal used for credit card transaction payment processing in the Customer Service Phone Center will be secured so it cannot be viewed by non- Customer Service staff.  Business Requirement  SAP Project Management Office (PMO) Requirement C. Credit And Collection 1. Identifying Red Flags Identification of Red Flag events in the Credit and Collections process will include: a) Failure to internally pursue payment of outstanding debt on a covered account b) Failure by Collection Agency to pursue outstanding debt on a covered account c) Change in billing address for reimbursement of deposits or payment credits without a change in service address.  Utilities Credit and Collection/Bad Debt Process 2. Mitigating Red Flags a) Customer security deposits will be manually and electronically established and tracked. b) CPAU will continue to recommend residential and commercial deposits policies to Council which utilize the provisions of the California Public Utilities Code, allowing each utility to establish accounts and furnish service based solely upon the creditworthiness of the applicant as determined by the utility. P a g e | 14 Proposed Effective Date: February 8, 2016 c) CPAU will not utilize commercially available consumer credit reports to establish deposits. Section 311 of the FACT Act requires a creditor to provide consumers with a risk-based pricing notice when, based in whole or in part of the consumer’s credit report, the creditor grants, extends or otherwise provides credit to the consumer on “material terms that are materially less favorable than the most favorable terms it grants to a substantial portion of its other customers.”  Utilities Credit and Collection/Bad Debt Process D. Other City Departments 1. Identifying Red Flags a) Other Departments in the City, wishing to have online access to Utilities customer account information to determine residency, verify program applicability, determine dates for permitting, etc., will be restricted in their ability to view customer Red Flag data, and will not be able to make changes to the data in the system. 2. Detecting Red Flags a) Other Departments in the City, wishing to have “hard copy” reports of Utilities customer information will be unable to have printouts containing customer Red Flag information. 3. Responding to Red Flags a) Employees of GreenWaste Recovery shall be permitted electronic access to the Utilities CCS system pursuant to the contract with the City for solid waste services. {End} P a g e | 1 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 City of Palo Alto Utilities DRAFT 2010 2016 Procedures for Customer Identity and Credit Security Security ATTACHMENT B P a g e | 2 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 2010 2016 Procedures for Customer Identity and Credit Security SECTION PAGE 1. Policy Statement 3 3 2. Utilities Identity and Credit Theft Prevention Program 4 A. Definitions 4 B. The Red Flag Rule 4 C. Identity and Credit Theft Program Adoption 5 (Procedures) D. Requirements of the Procedures 5 3. Administration of the Procedures for Customer Identity and Credit Security 6 A. Palo Alto City Council 6 B. Director of Utilities 6 C. Executive Leadership Team 6 4. Customer Identity and Credit Information, Systems and Access 7 A. Classification of Information B. Utilities Customer Information Systems 7 C. Identity and Credit Information Access 8 5. Identification, Detection, Response and Mitigation of Red Flags 10 A. Customer Service 10 B. Billing and Payment 11 C. Credit and Collection 13 D. Other City Departments 14 endEnd P a g e | 3 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 1. Policy Statement The City of Palo Alto shall ensure that proprietary and confidential Utilities customer information is secure from identity theft as required by law and business practice. The Fair Credit Reporting Act, 15 United States Code, Section 1681 ETet. seq., was amended to include the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159), hereinafter referred to as the FACT Act. The FACT Act requires those businesses and organizations which can affect consumer credit to create a formal program to detect, prevent, respond and mitigate potential identity theft before December 31, 2010. P a g e | 4 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 2. Utilities Identity and Credit Theft Prevention Program The Fair and Accurate Credit Transaction Act of 2003 (FACT Act) requires those entities which can affect consumer credit to create a formal identity theft prevention program to detect, prevent and mitigate identity theft before December 31, 2010. A. Definitions The “Red Flag Rule” is a set of United States federal regulations that require certain businesses and organizations identified as “creditors” to develop and implement documented plans to protect consumers from identity theft. “Identity theft' means a fraud committed using the identifying information of another person. A “creditor” is any entity that regularly extends, renews, or continues credit; any entity that regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who is involved in the decision to extend, renew, or continue credit. Accepting credit cards as a form of payment does not in and of itself make an entity a creditor. Creditors include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors. Only those financial institutions and creditors that offer or maintain "covered accounts" must develop and implement a written Program. A "covered account" is either: an account primarily for personal, family, or household purposes; that involves or is designed to permit multiple payments or transactions, such as a credit card account, mortgage loan, car loan, margin account, cell phone account, utility account, checking account, or savings account; or any other account for which there is a reasonably foreseeable risk to customers or creditor from identity theft. An “Identity Theft Report” alleges an identity theft; is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service; and, subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. B. Red Flag Rule There are a total of twenty-six individual red flags comprising the Red Flag Rule, with five categories of common red flags: P a g e | 5 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 1. Alerts, notifications, and warnings from a credit reporting company, including address discrepancies. 2. Suspicious documents that look like they have been altered or forged, or that the information or description does not match the applicant or customer. 3. Suspicious personal identifying information, including inconsistent data. 4. Suspicious account activity, including name changes, unauthorized charges or address changes for credits or refunds. 5. Notification by another source, including a customer, another victim of identity theft, a law enforcement authority, or other person regarding an account having an Identity heft Report completed, or other notice that an account may have been compromised by identity theft. C. Identity and Credit Theft Prevention Program Adoption (the Procedures) The City Council of Palo Alto adopted the Utilities Department formal identity and credit theft prevention program entitled , the “Procedures for Customer Credit Security” (Procedures) on September 3, 2008. The Procedures focus on red flags - defined as patterns, practices, or specific activities that indicate possible existence of identity theft on a covered account. On September 2, 2009, Staff provided the Utilities Advisory Commission (UAC) with a summary of red flag events that occurred during the prior twelve month reporting period, and proposed 2009 updates to the original 2008 Procedures. The UAC recommended that the Council approve the proposed changes to the 2008 Procedures. Council approved the 2009 changes on October 5, 2009 (CMR: 390:09). D. Requirements of the Procedures The Procedures were designed to: 1. Identify red flags for covered accounts and incorporate those red flags into the programProcedures 2. Detect red flags that have been incorporated into the Procedures 3. Respond appropriately to any red flags that are detected 4. Mitigate the occurrence of identity or credit theft 5. Ensure the Procedures are updated annually, to reflect the changes in identity or credit theft risk 6. Provide for administration and update of the Procedures with red flags identified and incorporated into specific operational and transactional policies and procedures for City departments with access to confidential Utilities customer data. P a g e | 6 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 3. Administration of the Identity and Credit Theft Procedures for Customer Identity and Credit Security A. Palo Alto City Council The City Council shall review the “Procedures for Identity and Credit Security” (Procedures) annually, and adopt appropriate changes to meet the requirements of the FACT Act. B. Director of Utilities The Director of Utilities shall oversee implementation of the Procedures in conformance with the FACT Act. Implementation of the Procedures will provide for specific responsibility of oversight, reports, and material changes to the Procedures. The Director shall submit an annual report to the Utilities Advisory Commission and City Council providing an update on the identification, detection, response and mitigation of Red Flag issues occurring during the reporting period, and recommending the business, organizational, and security changes to the Council needed to keep the Procedures current. Recommended changes to the Procedures shall be based on experience with identification, detection, prevention and mitigation of identity and credit theft; changes in types of customer accounts offered; and, changes in business practices. C.A. Executive Leadership Team The Palo Alto City Council shall provide for the continued administration of the Procedures. This includes: 1. Approval of the initial written Procedures by Council; 2. Designating the City Manager as Administrator for oversight, development, implementation and administration of the Procedures; 3. As Administrator for the Procedures, the City Manager shall, pursuant to 12 CFR Sec. 41.90 of the FACT Act: a. assign specific responsibility for the implementation of the Procedures; b. review annual reports prepared by staff regarding Utilities compliance with the provisions of the FACT Act; c. have Utilities staff coordinate the data security provisions of the Procedures with the Information Technology Department’s requirements for the Information Security Policy and Information Privacy Policy. d. train staff, as necessary, to effectively implement the Procedures; Formatted: Indent: Left: 0.25", Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after: 1" + Indent at: 1", Tab stops: 0.5", List tab + Not at 1" Formatted: Normal, Left, Indent: Left: 0.5", No bullets or numbering, Tab stops: 0.5", Left P a g e | 7 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 e. exercise appropriate and effective oversight of service provider arrangements; and f. approve material changes to the Procedures as necessary to address changing identity and credit theft risk (Section 6(a)(3)). If potential or actual physical or electronic theft of customer identity or credit occurs, the Directors of the Utilities, Information Technology, and Administrative Services, and Public Works Departments shall work with the City Manager’s Office, City Attorney, City Auditor and the Palo Alto Police Department, as appropriate, to mitigate the threat. Formatted: Tab stops: 1", Left P a g e | 8 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 4. Customer Identity and Credit Information, Systems and Access A. Classification of Information 1. Customer Identity Information Customer identity and credit information subject to theft includes name, address, account number, Social Security Number, spouse or secondary account holder identification, contact information, credit information, log-ins and passwords. 2. Customer Financial Information Customer financial information subject to theft includes payment history, deposit information, payment transaction records, extended payment arrangements, credit card numbers, voided check information, and bank account numbers. B. Utilities Customer Information Systems 1. Historical Customer Identification and Financial Information Current and prior customer information resides in BANNER, the CPAU predecessor to SAP. This database has been retained for archival purposes, and this information could be subject to theft. 2. SAP Utilities Customer Care and E-Services On May 4, 2009, the City implemented a new SAP-based Utilities Customer Care and Service (U-CCS) information system. In March of 2010, the Utilities Customer E-Service (UCES) system with the “My Utilities Account” (MUA) web portal was activated. Confidential Utilities Customer information is retained in the U-CCS and Utilities Customer E- Service (U-CES) online information system, and this information could be subject to theft. Implementation of the U-CCS requires ongoing review and modification of the business practices, policies and procedures for protecting consumer identity and credit information in Utilities Customer Service, Billing and Payment, Credit and Collection, and other City departments. Cyber-security precautions were created prior and subsequent to the implementation of the online customer e-service system. Cyber-security enhancements are also made on an ongoing basis to assure that access to customer identity and credit data is properly restricted to authorized staff. P a g e | 9 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 C. Identity and Credit Information Access 1. Securing Identity and Credit Information within the SAP Utilities Customer Care and Service (U-CCS) System a. Unique numbers are used to establish credit, manage customer account security, identify customers, and permit collection action after disconnection for non-payment. This information is required under Utilities Rule and Regulations #4 “Application for Service.” Refusal to provide the required information will terminate the CPAU “Application for Service” process. a. b.Upon opening, transferring or closing customer accounts, current customer billing procedures require the applicant (and spouse or secondary account holder if the account is opened in both names) to provide either his/her/their Social Security Numbers (SSN) or Driver’s License Numbers (DLN). For residential customers, if the SSN or DLN is not available, the identification requirement defaults to the U.S. customer’s passport number. These numbers will be masked except for the last four digits. b. c.For commercial customers, the required identification is the Tax Identification Numbers (TIN). TINs will be masked except for the last four digits. c. d.City staff access to customer Utilities information will be SAP role- specific, allowing certain functions within the system to be accessible. Role assignments will be made based upon review and approval by the SAP Project Management Office (PMO), the Utilities Department, and the Administrative Services Department. Financial functions of particular roles include, but are not limited to: establishment and refund of deposits; billing adjustments; payment reversals; cancellation of bills; and write-off of outstanding balances. Roles and responsibilities will be reviewed quarterly by CPAU management and the PMO, with the intent to limit the number of staff having access to sensitive customer identity and financial data. d. e.Staff will review documents to ensure that only customer name, and correct mailing or service address, are displayed in any mail-merged documents or mailing labels. e. f.A bonded, professional shredding company will be retained to destroy all bulk documents containing customer billing information. Documents awaiting bulk destruction will be kept in a locked receptacle. Documents with red flag data, not being held for bulk destruction, will be shredded on-site, as soon as they are no longer needed by the staff member generating the documents. f. g.All payment and operational transactions within each customer account will be monitored and tracked by the SAP internal audit function. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after: 1" + Indent at: 1" Formatted: Indent: Left: 0.75", No bullets or numbering P a g e | 10 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 g. h.Staff roles and authorizations for the unmasking and transmission of customer Social Security Numbers to the City’s collection agency will be restricted and monitored. 2. Securing Identity and Credit Information within the SAP Utilities Customer E- Service (U-CES) System In order to access account information online, customers must create a user name and password. These are controlled by the customer, and the Utilities Customer E-Service (U-CES) account is accessed via the “My Utilities Account” (MUA) web portal. Customer accessible information includes: the name(s) on the account, billing and service addresses associated with the account, consumption data; meter reads; dates of service; charges; billing adjustments; and payment history. Customers can conduct a limited number of on-line transactions, including modifying their e-mail addresses, establishing or updating a phone number, and sending a customer note to CPAU staff regarding account information. The U-CES system permits the linking of all accounts for the same customer to a single customer-created user name and password; viewing and payment of bills online; printing of monthly bills via an online download; requesting a move-out, online self-enrollment in bank drafting; making single- transaction credit card payments; communicating with CPAU staff via email, and reviewing bank draft transactions. a. Failure by the authorized account-holder to designate alternative parties to access their account information (spouse, domesticate partner, or other third-party) will restrict account access to either the customer, or court- ordered estate executor. b. The Terms and Conditions and Frequently Asked Questions sections for cyber-security, customer access, and use of the online My Utilities Account system will be updated immediately after changes are implemented. c. Notification of CPAU by the authorized account holder that their identity or credit information has been compromised or stolen will result in termination of external online access to the affected account until such time as the account can be re-established by the customer. d. A firewall installed to protect the SAP UCES portal “My Utilities Account” shall be tested and maintained on an on-going basis. 3. Non-Utilities City Staff Access to Customer Red Flag Data a. Strict role definitions, limiting the potential of access or theft of information via stolen password or City staff ID, will be maintained. Access to changes to customer accounts will be limited to the specific roles, reviewed and authorized quarterly. b. Individual or department access to Utilities customer account data by non- Utilities City staff will be reviewed and approved quarterly by the SAP Project Management Office (PMO) and CPAU management. P a g e | 11 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 c. Electronic access to selected Utilities customer account data by non-Utilities City staff will be restricted to non-red flag data fields and tables. d. Audit trails will be kept for financial transactions within the U-CCS and U-CES systems and include, but not be limited to, reversed transactions, account credits and refunds, and physical refund checks. e. Confidential data included in correspondence submitted to the City shall be redacted before being made publicly available. 5. Identification, Detection, Response and Mitigation of Red Flags The 2009 “Procedures for Customer Identity and Credit Security” are already in place to protect customer identity and credit information from theft. Some of the Procedures that apply are initiated by CPAU staff, while others apply when customers access their own account information. The “Procedures” are utilized during the opening, access, billing and collection of payments, and the transfer or closing of customer accounts. They also apply as customer accounts and associated records are internally accessed. Any identification, detection or awareness by CPAU of a Red Flag incident would result in an investigative response and mitigation effort on the part of Utilities, and may include contact with an appropriate law enforcement agency on behalf of a CPAU customer, or self-reporting by an existing CPAU customer. CPAU will determine whether to freeze access to the customer account information, or initiate a review of staff access of account information to verify the appropriateness of that access. A. Customer Service 1. Identifying Red Flags a) To validate the identity of the prospective covered account holder, a Utilities account will not be opened, changed or closed without submittal of the Red Flag data required to determine the identity of the account holder. Customer failure to provide a Social Security Number, Driver’s License Number, Tax Identification Number, or Passport Number will terminate the account initiation process.  Utilities Rule and Regulation 4, “Application for Service” b) Utilities Customer Service, Credit and Collection, and Billing staffs will include the Procedures for Identity and Credit Security in their Policies and Procedures.  Utilities Customer Support Services Division Requirement c) Utilities Customer Service, Credit and Collection, and Billing staffs will conduct annual training in the Procedures for all staff members.  Utilities Customer Support Services Division Requirement 2. Detecting Red Flags Formatted: Font: Bold P a g e | 12 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 a) To prevent unauthorized access to a Covered Account, a Utilities account will be subject to investigation and frozen for transactions in the event of presentation of suspicious documents for program application or discounts, determination of a compromised customer password, notices from banking institutions of unauthorized charges to an account, and/or notices from consumer reporting agencies on customer credit freezes.  City Policy and Procedure 1-35/UTL, “Interim Guidelines and Procedures for Protecting Confidential Utilities Information”  Utilities Customer Service Requirement 3. Responding to Red Flags a) Customer reports of identity or credit card theft provided to Customer Service will be routed to the Palo Alto Police Department’s Identity Theft Section for completion of the Identity Theft Report Form. Customers contacting the PAPD to report an incident of identity or credit card theft will be routed to Customer Service, so that the customer’s Covered Account Red Flag data can be secured.  Utilities Customer Service Requirement 4. Mitigating Red Flags a) To prevent unauthorized access to red flag data tables, the SAP query functions that had allowed CPAU staff access to non-masked customer confidential data have been disabled. b) To prevent unauthorized access to red flag data in a covered account, all electronic “screen shots” of monitor images containing red flag data submitted to the IT Helpdesk by staff to illustrate account problems will be stored in a secure electronic folder with staff access restricted by authorized SAP role.  Business Requirement  SAP Project Management Office (PMO) Requirement c) Access to the archived BANNER customer information database will continue to be limited to staff having an authorized SAP role. To prevent unauthorized access to Red Flag data in an archived Covered Account, all Red Flag data has been deleted in BANNER (prior Utilities Customer Information System), including Social Security Numbers (SSN), and the confidential Customer Notes section has been deleted. d) Full Encryption of credit card numbers in SAP Production, Testing and Development environments is required.  Business Requirement  SAP Project Management Office (PMO) Requirement B. Billing And Payment Customers may self-report instances of identity or credit theft; notice may be made by law enforcement agencies of identity or credit theft; inaccurate Formatted: Font: Bold P a g e | 13 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 information may be provided by customers for bank draft payments of Utilities bills; reports may be received of compromised internal credit card security; reports may be received of compromised internal checking account (bank draft) security; and reports may be received of compromised external third-party payment vendor security (reported by customer or vendor). 1. Identifying Red Flags The Utilities customer credit card information has been encrypted in conformance with Payment Card Industry (PCI) Standards. a) Utilities customer credit card information will not be stored on the same server that houses the portal that customers use to access their account data. b) Activation of the "role" for access to the encrypted data table will be restricted to three Information Technology staff members who are responsible for data management of the Utilities SAP system, and who take direction from the PMO (but are not part of the PMO). Once access to the encrypted data table is approved by the PMO, and then activated, only an expert programmer familiar with the SAP programming language and the encryption protocol will be authorized to decrypt the data. Thus, access to the credit card data will be protected by three levels of security. c) For quality control purposes, all access to the table containing the encrypted data will be continuously monitored and tracked by the SAP audit function. d) Utilities customer Social Security Numbers, Tax Identification Numbers, credit card numbers and expiration and bank drafting information will be masked on all three CCS and UCES software production, test, and development platforms. e) Customers choosing to pay by bank draft will submit voided checks which are kept in a locked cabinet with access restricted to the Manager, Customer Service and Meter Reading, and the Customer Service Specialist-Lead, and maintained in accordance with the City’s Records Retention Policy.  Business Requirement  SAP Project Management Office (PMO) Requirement 2. Detecting Red Flags a) Receipts produced for credit card payments only contain the last four digits of the credit card, and as an added precaution, expiration date information is not included on the receipt.  City of Palo Alto Cash Handling Procedures  Utilities Customer Service Desk Procedures 3. Responding to Red Flags P a g e | 14 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 Customer Service has worked with the Palo Alto Police Department (PAPD) to update the existing PAPD Identity Theft Report Form. This update includes the contact information for CPAU Customer Service and requests the individual completing the document to contact CPAU to report the identity or credit problem, so that the customer’s Utilities account information can be secured. a) Incidents of possible customer identity theft shall be reported to the PAPD within 24 hours.  Utilities Customer Service Requirement 4. Mitigating Red Flags a) Verification of SAP credit card handling of encrypted storage, masked display and access tracking will be provided to the City Auditor.  Project Management Office (PMO) Requirement b) Copies of customer credit card slips (when paid by phone) shall be shredded, unless mailed to the customer at their request. c) Customer data printouts, reports, efficiency applications, worksheets, receipts, and bills generated in the IT Test or Development systems, will be shredded. d) To ensure proper security and handling of credit card slips, Customer Service Phone Center staff will use a keyed lockbox for storage. e) To secure credit card transactions, the computer terminal used for credit card transaction payment processing in the Customer Service Phone Center will be secured so it cannot be viewed by non-Customer Service staff.  Business Requirement  SAP Project Management Office (PMO) Requirement C. Credit And Collection 1. Identifying Red Flags Identification of Red Flag events in the Credit and Collections process will include: a) Failure to internally pursue payment of outstanding debt on a covered account b) Failure by Collection Agency to pursue outstanding debt on a covered account c) Change in billing address for reimbursement of deposits or payment credits without a change in service address.  Utilities Credit and Collection/Bad Debt Process 2. Mitigating Red Flags a) Customer security deposits will be manually and electronically established and tracked. b) CPAU will continue to recommend residential and commercial deposits policies to Council which utilize the provisions of the California Public Utilities Code, allowing each utility to establish Formatted: Font: Bold Formatted: Font: Not Italic P a g e | 15 Effective Date: November 1, 2010 Page 1 of 14 Proposed Effective Date: February 8, 2016 accounts and furnish service based solely upon the creditworthiness of the applicant as determined by the utility. c) CPAU will not utilize commercially available consumer credit reports to establish deposits. Section 311 of the FACT Act requires a creditor to provide consumers with a risk-based pricing notice when, based in whole or in part of the consumer’s credit report, the creditor grants, extends or otherwise provides credit to the consumer on “material terms that are materially less favorable than the most favorable terms it grants to a substantial portion of its other customers.”  Utilities Credit and Collection/Bad Debt ProceduresProcess D. Other City Departments 1. Identifying Red Flags a) Other Departments in the City, wishing to have online access to Utilities customer account information to determine residency, verify program applicability, determine dates for permitting, etc., will be restricted in their ability to view customer Red Flag data, and will not be able to make changes to the data in the system. 2. Detecting Red Flags a) Other Departments in the City, wishing to have “hard copy” reports of Utilities customer information will be unable to have printouts containing customer Red Flag information. 3. Responding to Red Flags a) Employees of GreenWaste Recovery shall be permitted electronic access to the Utilities CCS system pursuant to the contract with the City for solid waste services. {Eend} Formatted: Font: Bold NOT YET APPROVED 160114 jb 6053669 Resolution No. _____ Resolution of the Council of the City of Palo Alto Approving the City of Palo Alto Utilities 2016 Procedures for Customer Identity and Credit Security R E C I T A L S A. Federal Trade Commission (FTC) regulations under the Fair and Accurate Credit Transactions Act (FACT Act) of 2003 require entities which can affect consumer credit to create a Security program to detect, prevent, and mitigate identity theft. B. A public utility such as the City of Palo Alto Utilities is considered such an entity because it offers or maintains a type of consumer account covered under the FACT Act. C. Council adopted the City of Palo Alto Utilities original “Procedures for Customer Credit Security” (Procedures) via Resolution No. 8857 on September 15, 2008. D. There have not been any verified instances of Utilities customer identity or credit theft since the adoption of the 2010 Procedures. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Council hereby adopts the City of Palo Alto Utilities “2016 Procedures for Customer Identity and Credit Security.” / / / / / / / / / / / / / / / / ATTACHMENT C NOT YET APPROVED 160114 jb 6053669 SECTION 2. The Council finds that the adoption of this resolution does not constitute a project under Section 21065 of the California Environmental Quality Act and the CEQA Guidelines and, therefore, no environmental assessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ Deputy City Attorney _____________________________ City Manager _____________________________ Director of Utilities _____________________________ Director of Administrative Services City of Palo Alto (ID # 6320) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/8/2016 City of Palo Alto Page 1 Summary Title: Fiber Audit Services Title: Approval and Authorization of the City Manager to Execute a Contract With Celerity Integrated Services Inc. in an Amount Not-to-Exceed $122,500 for Fiber Optic System Review Services for a Term Through April 30, 2016 With a 15 Percent Contingency of $18,375 for Related Work, for a Total Authorized Amount Not-to-Exceed $140,875, Capital Improvement Program Project FO-16000 From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager to execute a contract with Celerity Integrated Services Inc. (Attachment A) with a not-to-exceed amount of $122,500 and a term through April 30, 2016 to provide a one-time comprehensive review of the City’s dark fiber optic network (Capital Improvement Program Project FO-16000) and recommended updates of records. 2. Approve and authorize the City Manager or his designee to negotiate and execute one or more amendments to the contract with Celerity Integrated Services Inc. (Celerity) for related work which may develop during the contract term, the total value of which shall not exceed $18,375 (15% of the contract amount). Staff is therefore requesting a total not-to-exceed amount of $140,875 for this contract, which includes the contract amount of $122,500 plus a 15% contingency amount of $18,375. Background The City of Palo Alto (“CPA”) owns and operates a 41-mile dark fiber optic backbone network with “splice nodes” where backbone cables or service drop fibers are connected. These fibers are leased to CPA commercial customers for their private use. These customers designate the two endpoints of the fiber and supply the communication means, light, transmitted through the City of Palo Alto Page 2 fiber. Some fibers are licensed to resellers who market these to their customers. CPA has approximately ninety (90) commercial customers connected to the dark fiber network via service connections along with various city departments. The number of dark fiber service connections totals approximately 230 (some customers have multiple connections). The record-keeping and management of the City’s dark fiber network has been a manual process since the first commercial customer was connected in 2000. Recent dark fiber connection requests have uncovered discrepancies between the City’s data and actual field conditions. As a result, engineers face challenges when designing the requested fiber networks, and it has proven more difficult for staff to develop and provide cost estimates for services to potential customers. In addition, more accurate data could allow the City to resolve network outages more quickly. Discussion The Utilities department (CPAU) is not staffed to conduct a complete and thorough review of fiber system records while still maintaining other engineering responsibilities. Because the City’s records have proven to contain data that does not always match field conditions, staff proposes to hire a third party to conduct a thorough review of drawings and records for the fiber optic system. Information that will be available through the fiber optic system audit will enable more accurate cost analysis for new customer connects and system improvements, improved route assessments, and more effective response to and restoration following outages. 7 bid packages were mailed and 2 bid responses were received as summarized in the table below. Celerity’s bid was based on the inspection of 90 fiber nodes. As of 11/9/2015, there are 104 fiber nodes in the City (an increase of 15%). In addition, there may be unscheduled down-time when the Celerity technician discovers a maintenance issue which requires immediate attention from CPAU personnel. Since this will be the first complete and independent review of the fiber system, there is insufficient data to aid in determining the amount of maintenance work that will be performed. Due to the increased number of fiber nodes to be inspected and the unknown nature of the maintenance work, a 15% contingency, instead of the usual 10% contingency, is being requested for this project. Sufficient funding is available in the Fiber Optic System Rebuild Project (FO-16000) for the requested amount of $140,875. Summary of Bid Process Bid Name/Number Fiber Audit Services/RFP 160237 City of Palo Alto Page 3 Proposed Length of Project 6 months Number of Bids Mailed to Contractors 7 Total Days to Respond to Bid 28 Pre-Bid Meeting? Yes (non-mandatory) Number of Company Attendees at Pre-Bid Meeting 1 Number of Bids Received 2* Bid Price Range From a low of $122,500 to a high of $400,000 Staff reviewed all bids submitted and recommends that the bid of $122,500 submitted by Celerity be accepted. The Celerity bid is 18 percent below staff’s estimate of $150,000 for the work. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. Resource Impact Funding for this contract is available in the FY 2016 Capital Improvement Program project budget, FO-16000 Fiber Optic System Rebuild. Additional staff work on the fiber system may be identified through the review, and existing staff will complete the identified work. Policy Implications The approval of this contract is consistent with existing City policies, including the Council approved Utilities Strategic Plan – Strategic Objective BP4: Serve customers promptly and completely; and Strategic Objective C2: Be responsive to all my utilities related service needs. Environmental Review An audit of the City’s fiber system and associated records does not meet the definition of a project pursuant to Section 21065 of the California Public Resources Code, thus no environmental review under the California Environmental Quality Act is required. Attachments:  Attachment A: Contract No. C16160237 with Celerity for Fiber Audit Services (PDF) Professional Services Rev. March 31, 2015 1 CITY OF PALO ALTO CONTRACT NO. C16160237 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND CELERITY INTEGRATED SERVICES INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this ________ day of February, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CELERITY INTEGRATED SERVICES INC., a Pennsylvania corporation, located at 3500 AM Drive, Quakertown, PA 18951 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to conduct a physical audit of its dark fiber optic network (“Project”) and desires to engage a consultant to conduct the audit in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through April 30, 2016 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction 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 Professional Services Rev. March 31, 2015 2 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 Twenty Two Thousand Five Hundred Dollars ($122,500.00). In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed One Hundred Forty Thousand Eight Hundred Seventy Five Dollars ($140,875.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C- 1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. Professional Services Rev. March 31, 2015 3 SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. 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. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Seth Wieand as the Project Supervisor to have supervisory responsibility for the performance, progress, and execution of the Services to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat Professional Services Rev. March 31, 2015 3 to the safety of persons or property. CITY’s project manager is Jim Thompson, Utilities Department, Engineering Division, 1007 Elwell Court, Palo Alto, CA 94303, Telephone: (650) 566-4533. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior 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 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance Professional Services Rev. March 31, 2015 5 or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its Professional Services Rev. March 31, 2015 6 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, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. 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 Professional Services Rev. March 31, 2015 7 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 Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: • All printed materials provided by CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. • Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. • Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. 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 time within a fiscal year in the event that funds are only Professional Services Rev. March 31, 2015 8 appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 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 attorneys employed by it as well as any attorneys’ fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this 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 provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 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 of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 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. Professional Services Rev. March 31, 2015 9 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO ____________________________ City Manager or designee APPROVED AS TO FORM: __________________________ Senior Deputy City Attorney CELERITY INTEGRATED SERVICES INC. By:___________________________ Name:_________________________ Title:________________________ Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “C-2”: CPAU FIBER OPTIC BACKBONE DIAGRAM EXHIBIT “D”: INSURANCE REQUIREMENTS Vice President Deron Leight Professional Services Rev. March 31, 2015 19 EXHIBIT “A” SCOPE OF WORK Overview The City of Palo Alto Utilities (“City”) operates a 41-mile dark fiber optic backbone network (“dark fiber network”) with “splice nodes” where backbone cables or service drop fibers are connected. The dark fiber network serves City departments in multiple facilities and supports the communication requirements of critical City infrastructure such as electric substations and traffic signals. In addition, the City licenses dark fiber to commercial customers. Businesses licensing dark fiber are responsible for providing and maintaining the electronics needed to “light-up” or provision their licensed fiber strands. There are approximately seventy (70) commercial customers in Palo Alto connected to the network via dark fiber service connections. Consultant agrees to perform an audit of the City’s dark fiber network. Data retrieved by Consultant in the course of providing this audit will provide complete fiber routes and usage to optimize use and to minimize outages. The principal objective of the audit is to collect information and data that will verify customer connectivity and populate the City’s GIS. Objectives & Tasks Objectives: • Perform a physical audit of the City’s dark fiber network • Verification of fiber routes and usage • Verification of equipment types and locations, e.g. nodes, splices, enclosures, risers, slack loops. • Perform a physical audit of enclosures • Obtain digital photographs of each fiber tray • Track and document data • Identify and document immediate maintenance needs Tasks: • Develop a plan to perform in-field audits of City’s fiber optic network • Perform in-field audits of City’s fiber optic network to determine individual fiber usage and occupancy • Collect physical information, e.g. cable lengths, equipment types, equipment locations and digital photos of each location and each fiber tray. • Provide records to reflect actual field conditions Work Plan Task 1: Schedule of In-Field Audits 1. Consultant shall submit schedule to City’s project manager ten (10) business days prior to beginning work. Work locations shall be identified by City enclosure designation and street location. Professional Services Rev. March 31, 2015 20 2. Consultant shall start on Monday, February 21, 2016 and shall finish by Friday, April 15, 2016. Any change to these dates shall be submitted to the City’s project manager for approval a minimum of five (5) business days prior to requested change. 3. City shall provide two (2) electric operations personnel with fiber optic experience to escort Consultant to the scheduled locations/enclosures. There shall be two (2) separate work teams each consisting of Consultant personnel and City personnel. a. Teams will work nine (9) hour work-days, five (5) days a week (Monday- Friday). 4. Consultant shall provide City the audit sheets and pictures of each case on a twice weekly basis so that they can be reviewed and approved prior to Consultant leaving the work-site. DELIVERABLE (Task 1): Task Approved work schedule – no field work shall be performed until the work schedule has been approved by the City’s project manager. Task 2: Perform In-Field Audits Perform in-field audits of the City’s fiber optic network to determine individual fiber usage and occupancy, and collect physical information, e.g. cable lengths, equipment types, equipment locations and digital photos of each location and each fiber tray. Execute the proposed plan by identifying and inspecting each splice enclosure and each fiber splice in the field. Document the existing condition of each splice case and the internal splice assignments of the cases. 1. Consultant shall arrive at each work location and complete a Job Safety Analysis. 2. With assistance from City personnel as needed, Consultant shall set-up any required traffic control and signage. 3. Consultant shall obtain GPS coordinates for each splice enclosure. 4. Consultant shall identify the condition of each enclosure, and make note of any physical damage. 5. Consultant shall take digital photographs of the enclosures before lowering or retrieving. 6. Consultant shall conduct a physical audit of the fiber optic system by verifying equipment types and locations of: a. Nodes b. Splices c. Enclosures d. Risers e. Slack loops 7. Consultant shall identify the type of cables in the enclosures: a. Manufacturer b. Fiber Count c. Source of Fiber (Enclosure) d. Termination of Fiber (Enclosure or Patch Panel) e. Drop Cable or Backbone Professional Services Rev. March 31, 2015 21 8. Consultant shall measure the sheath footage of all cables. 9. Consultant shall gain entry into the splice enclosure or cabinet. 10. Consultant shall take digital photographs of the enclosure open to document the condition of the trays/enclosure before work begins. 11. Consultant shall perform a case audit by: a. Opening and auditing the enclosures b. Taking digital photographs of each fiber tray c. Identifying splice assignments in each enclosure d. Taking digital photographs of the trays and enclosure when finished auditing e. Rehanging the enclosure and talking all necessary photographs 12. Consultant shall identify any equipment not previously identified. 13. Consultant shall identify maintenance needs and any potential outage risks. 14. Consultant shall move to the next location and update Job Safety Analysis to reflect new locations. DELIVERABLE (Task 2): Audit sheets and pictures of each case on a twice weekly basis Task 3: Provide Updated Records Provide updated records to reflect actual field conditions. 1. Consultant shall document all findings and present in a format that clearly illustrates actual field conditions. 2. Provide data in an EXCEL spreadsheet format or other approved format that can be easily download to City’s GIS. 3. Organize the data to illustrate the splice assignments and condition of every splice point. 4. Provide data on all splice points, including their coordinates and sheath footages. 5. Provide data on all termination points and fibers that are currently active at each termination. 6. Records shall allow the City to trace the path of any fiber in the network. DELIVERABLE (Task 3): Required data in an EXCEL spreadsheet or other City-approved format. Professional Services Rev. March 31, 2015 22 EXHIBIT “B” SCHEDULE OF PERFORMANCE Weekly Schedule based on the following assumptions: (53) Splice points containing 1 to 2 cables (29) Splice points containing 3 to 4 cables (8) Splice points containing 5 or more cables Week 1 Week of February 21, 2016 Celerity Splicing Technicians shall complete the audit of 27 splice points containing 1 or 2 cables. Week 2 Week of February 28, 2016 Celerity Splicing Technicians shall complete the audit of 8 splice points containing 5 or more cables and the audit of the 4 splice points containing 3 to 4 cables. Week 3 Week of March 6, 2016 Celerity Splicing Technicians shall complete the audit of 26 splice points containing 1 or 2 cables. Week 4 Week of April 3, 2016 Celerity Splicing Technicians shall complete the audit of the remaining 25 splice points containing 3 to 4 cables. Week 5 Week of April 10, 2016 Celerity Splicing Technicians shall complete the audit of any remaining splice points Schedule is subject to change upon approval of City’s project manager. Professional Services Rev. March 31, 2015 23 EXHIBIT C COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) and pursuant to Exhibit “B” (“Schedule of Performance”) including reimbursable expenses shall be a lump sum amount of $122,500.00, paid in lump sum amounts upon completion of each task as described below in this Exhibit “C”. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. The compensation to Consultant, which shall not exceed $122,500, includes all labor, equipment, material, transportation and applicable taxes, profit, insurance, bonds and other overhead to perform the work in accordance with the Scope of Work. Pricing for Tasks 1 – 3: Price(s) shall be lump sum prices, inclusive of all taxes, and when applicable, all travel or delivery charges. In the event CITY authorizes any Additional Services, those services shall be provided at the hourly rates as specified in Exhibit “C-1” (“Hourly Rate Sheet”). The maximum compensation for Basic Services, Reimbursables and Additional Services combined shall not exceed $140,875.00. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein must be pre-authorized in writing and mutually agreed to by CONSULTANT and CITY. Any Additional Services performed by CONSULTANT without pre-authorization from the City shall be at no cost to the City. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $122,500 and the total compensation for Additional Services does not exceed $18,375. NOT TO EXCEED AMOUNT Task 1 (Schedule of In-Field Audits) $2,400 Task 2 (Perform in-field audits of the City’s fiber optic network to determine individual fiber usage and occupancy, and collect physical information, e.g. cable lengths, equipment types, equipment locations and digital photos of each location and each fiber tray) $105,100 Task 3 (Provide updated records to reflect actual field conditions) $15,000 Sub-total Basic Services = $122,500 Professional Services Rev. March 31, 2015 24 Reimbursable Expenses $0 Total Basic Services and Reimbursable expenses $122,500 Additional Services (Not to Exceed) $18,375 Maximum Total Not-to-Exceed Compensation $140,875.00 Lump Sum Payment Schedule: Payment for Task 1: The City will pay the lump sum payment of $2,400 for Task 1 after completion of the task and within 30 days of receipt of invoice from the Consultant. Payment for Tasks 2: Notwithstanding the provisions set forth in Section 5 of the Agreement, the CITY will process the payment for the $105,100 for Task 2 as lump sum payments of four (4) progress payments at 25%, 50%, 75% and 100% completion. Each individual progress payment will be for $26,275. Percentage completion will be based on the number of enclosures audited. City will pay invoices within thirty (30) days of receipt of invoice from CONSULTANT. Payment for Task 3: The City will pay the lump sum payment of $15,000 for Task 3 after completion of the task and within 30 days of receipt of invoice from the Consultant. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for Basic Services and are not reimbursable expenses. ADDITIONAL SERVICES Additional Services shall be defined as work similar to but beyond the scope of the Basic Services as set forth in Exhibit “A” (“Scope of Work”) and Exhibit “B” (“Schedule of Performance”) above. Specifically, Additional Services shall include an increase in the amount of splice point locations provided to CONSULTANT in the CPAU Fiber Optic Backbone diagram attached to and included here as Exhibit “C-2” or a lengthened work schedule as specified in Exhibit “B” (“Schedule of Performance”) due to the CITY’s inability to provide the necessary escorts. Additional Services must be mutually agreed to in writing by CITY and CONSULTANT as follows: The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable Professional Services Rev. March 31, 2015 25 expense, for such services based on the rates set forth in Exhibit C-1. The Additional Services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Professional Services Rev. March 31, 2015 26 EXHIBIT “C-1” HOURLY RATE SHEET Regular Field Rates Per Technician: $145/hr including Equipment Overtime Field Rates Per Technician: $185/hr including Equipment Project Management: $155/hr Drafting: $75/hr Professional Services Rev. March 31, 2015 27 EXHIBIT “C-2” CPAU FIBER OPTIC BACKBONE DIAGRAM Professional Services Rev. March 31, 2015 28 Professional Services Rev. March 31, 2015 29 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRE D TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. 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 COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY Professional Services Rev. March 31, 2015 30 THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE 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 EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 City of Palo Alto (ID # 6584) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/8/2016 City of Palo Alto Page 1 Summary Title: Development Center and Business Registry Staffing Title: Approval of Amendment to Table of Organization by Adding 1.0 Management Analyst in the Development Services Department From: City Manager Lead Department: Human Resources Recommendation Staff recommends that the City Council amend the Table of Organization by adding 1.0 Management Analyst in the General Fund, Development Services Department. Background The City Council passed Ordinance No. 5279 in November 2014 establishing the Business Registry program and on January 19, 2016 amended the original program to exempt small businesses and small non-profits. The Development Services Department is taking a lead in administering the Business Registry Program. As a result of the additional responsibilities being assigned to the Development Center and the current high volume work-load for the existing Development Center staff, a staffing and workload assessment study was contracted by Human Resources. The staffing study concluded that current staffing resources do not support the level of administration and reporting required to meet the demands of this new program and the existing workload exceeds the current level of staffing, therefore staff recommends the addition of one Full-Time Equivalent (FTE) Management Analyst. There is an immediate need to request this position in order to hire and train in a timely manner to meet Business Registry demands and maintain the existing level of service in the Development Center. Discussion The Palo Alto Development Center is a “one stop” customer service center which experiences extremely high customer demand for services every day with approximately 4,000 permits issued per year. Since March 2015, the Development Center (DC) Manager and Economic Development Manager have been co-leaders of the Business Registry project. Currently, the day-to-day administration is handled at the Development Center under the DC Manager. The implementation of the Business Registry program has been complex and demanding and has impacted the existing City of Palo Alto Page 2 workload for the DC Manager. The duties in administering the Business Registry involve the following: • Oversee day-to-day administration of Business Registry: • Manage outreach and notifications processes as well as timely response to inquiries and answering questions; • Create reports for status updates to monitor compliance; • Merger of the Business Registry program with Certificate of Occupancy by assisting in the creation of procedures, interplay with Accela, and training staff; and • Administer Business Registry payments, fees and refunds. In order to determine appropriate allocation of new Business Registry work among current staffing and evaluate the demands and requirements to support the existing workload, Human Resources contracted for a staffing and workflow analysis of the administrative support functions in the Development Center Department, including a review of current classifications, and options for supporting the additional responsibilities associated with administering the Business Registry Program and supporting the existing workload. The findings determined that the DC Manager needs additional support to provide required assistance on this key program and to maintain the high level of service currently provided in the Development Center. The analysis concluded that a Management Analyst is the appropriate classification to handle the necessary duties to efficiently operate the Business Registry and provide additional support for Development Center administrative functions. With the existing level of demand in the Development Center and the ongoing responsibilities associated with the Business Registry administration a full time employee is required. In addition, the findings note that the Development Center Services Department should evaluate the use of contractors in supporting Development Center services since there is an ongoing high demand for inspection and plan review. The review points out that while the use of contractors in the staffing model has provided flexibility to manage fluctuations in demand for services, it has contributed to a high level of turnover of trained and experienced contract personnel. Staff will evaluate the ongoing work-load needs and return with possible recommendations on use of contract personnel during the development of the Fiscal Year 2017 operating budget. At this time, the only change recommended to the Fiscal Year 2016 budget is to add one FTE Management Analyst to support the Business Registry program and the significant Development Center workload. Attached is an updated Fiscal Year 2016 Table of Organization to reflect the addition of this one FTE. Resource Impact The addition of one FTE Management Analyst is estimated to cost $53,224 for the remainder of the current fiscal year and approximately $164,040 annually. Sufficient funding is available within the Development Services department’s Fiscal Year City of Palo Alto Page 3 2016 budget, through the use of salary savings and unencumbered contract dollars, to fund the additional expenses associated with this position through this fiscal year. Development Services is currently conducting a comprehensive fee study to align the Department’s Municipal Fees with expenses. Development Services intends to offset ongoing future expenses associated with this additional position through appropriate adjustments to the Fiscal Year 2017 Municipal Fee schedule with the goal of reaching 100% full cost recovery. Staff will bring forth recommendations to adjust fees and achieve cost-neutrality as part of the development of the Fiscal Year 2017 operating budget, and subsequent Business Registry updates, subject to council approval. CITY OF PALO ALTO OFFICE OF THE CITY CLERK February 8, 2016 The Honorable City Council Palo Alto, California Appointment of 2016 Emergency Standby Council Staff recommends that the City Council approve the selection of the 2016 Emergency Standby Council as follows: -Bern Beecham -Peter Drekmeier -Sid Espinosa -Yoriko Kishimoto -Larry Klein -Dena Mossar -Lanie Wheeler BACKGROUND The Charter of the City of Palo Alto provides that "the Council may by Ordinance or Resolution, provide for the preservation and continuation of government in the event of disaster which renders unavailable a majority of the Council." On August 7, 2006, the City Council adopted amendments to Section 2.12.090 of the Palo Alto Municipal Code regarding the selection procedure for the City's Emergency Standby Council. The adopted policy states that the Council shall consider the following criteria for appointments to the Emergency Standby Council: residency in the City of Palo Alto, availability, interest in serving and a lack of conflicts of interest. Seven members serve on the Emergency Standby Council. Members of the Standby Council have the authority delegated to them under Chapter 2.12 of the Palo Alto Municipal Code. The members of the Emergency Standby Council continue to serve until the Council appoints or reappoints the members at the beginning of each year. Department Head: Beth Minor, City Clerk Page 2 City of Palo Alto (ID # 6607) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/8/2016 City of Palo Alto Page 1 Summary Title: Airplane Noise Consultant Title: Approval of a Contract With Freytag & Associates in the Amount of $237,500 for Airplane Noise Assessment & Mitigation; and Approval of a Budget Amendment in the General Fund for Fiscal Year 2016, Offset by a Reduction of $237,500 From the General Fund Budget Stabilization Reserve From: City Manager Lead Department: City Manager Recommendations 1. Approve Contract C16161182 with Freytag & Associates in the Amount of $237,500 for Airplane Noise Assessment & Mitigation. 2. Amend the Fiscal Year 2016 Budget Appropriation Ordinance for the General Fund by: a. Increasing the City Manager’s Office budget in the amount of $237,500; b. Decreasing the General Fund Budget Stabilization Reserve in the amount of $237,500. Background On February 10, 2015 the Policy & Services Committee discussed the issue of air traffic over Palo Alto. The committee made recommendations to the City Council and on August 24, 2015 the City Council directed staff to: 1. Issue a Request for Proposals (RFP) for a Technical Study, including data analysis of aircraft noise over Palo Alto and recommendations for alternatives to reduce noise; 2. Utilize the various tri-cities meetings as a vehicle to engage and measure the interest of surrounding cities in the flight path/noise issue and to reach out to several adjacent cities; 3. Elevate aircraft noise as a City priority and request advocacy at appropriate levels; 4. Have the City Manager continue to work with residents; 5. Have the City Attorney meet with residents to review state and federal statutes and regulations, and provide information on pending legal proceedings relating to aircraft noise in other regions. City of Palo Alto Page 2 In addition to these actions the City Council also appointed Council Member Eric Filseth as the City Council liaison to Sky Posse (local advocacy group) and the San Francisco Airport Roundtable (Roundtable) or its subcommittees and other regional bodies as needed. Finally, the City Council adopted Resolution 9543 urging the Federal Aviation Administration (FAA) to address increased aircraft noise in Palo Alto. Also on February 10, 2015, the Policy & Services Committee, based on information from residents, recommended that the City Council approve $30,000 for the technical study. However from February to August as staff and resident experts began to develop a scope of services, it became clear that costs would be well over $30,000. Therefore the August staff report indicated that upon finalization of a scope, staff would bring forward the cost and reappropriation amount. Discussion On September 24, 2015 the City issued RFP No. 161182 Airplane Noise Assessment & Mitigation. On November 25, 2015 the RFP closed with four respondents: g2 Engineering, Bruel & Kjaer, Sawhill Consulting, and Freytag & Associates (Freytag). After screening and interviews, which included community members from Sky Posse, the City selected Freytag. g2 Engineering and Bruel & Kjaer’s proposals did not meet the RFP criteria. Sawhill Consulting’s proposal did meet the criteria and the cost estimate was $238,764. The review committee selected Freytag as they provide expertise in air space noise measurement, monitoring and modeling, as well as the ability to provide consultation services related to Air Traffic Control and Next Generation Air Transportation System (NextGen). Staff believes that these contract services are necessary to identify and effectively argue for important mitigations to reduce noise impact over Palo Alto; to provide the City Council with technical resources to better understand the detailed nature of airspace management and possible alternatives; and to assist with coordination between neighboring cities, the Roundtable, the FAA and Congressional offices. The FAA, on November 16, 2015, through the offices of Congresswoman Eshoo, Congresswoman Speier, and Congressmen Farr released an Initiative to Address Noise Concerns in San Mateo, San Clara and Santa Cruz counties (Initiative). We understand this action is a significant departure from FAA’s typical response to local noise concerns. Clearly, Congresswoman Eshoo’s intervention efforts have been effective and we now have a unique opportunity to engage with FAA through the Initiative. Freytag’s first tasks will be to evaluate potential alternate air traffic routes and other mitigations, and assist staff in drafting an initial response to the Initiative by February 15. This work will be conducted under tasks three and four of the contract: FAA and community activity/noise mitigation. Staff is budgeting $75,000 for these two tasks. Subsequently, staff, in consultation with Sky Posse representatives and Freytag, will finalize expectations for tasks one and two: operational and noise assessments. These tasks are complex and require further deliberation before work orders will be issued. Staff is budgeting $132,500 and intends to stay City of Palo Alto Page 3 within the allocated amount. The analysis will quantify Palo Alto’s increase in air traffic. Finally, the contract includes tasks five to seven which allow the City to undertake sleep interference, classroom disruption and property valuation studies, each costing $10,000. The total contract award amount is $237,500. By approving this staff report the Council will appropriate funds and authorize the expected tasks within the contract. Staff will issue work orders for each task at the appropriate time within the FAA Initiative process. The initial tasks, as mentioned, will be to draft a response to the Initiative and begin to work with our Congressional office, the FAA, Roundtable and other cities and counties. To date, the City has met twice with the FAA through Congresswoman Eshoo’s office. The meetings have been productive and there seems to be a genuine willingness by the FAA to address the problem of aircraft noise and frequency that is impacting Peninsula communities. We hope that this willingness extends beyond engagement to full commitment to developing alternatives. Making progress will require ongoing dialogue, negotiation and compromise amongst the local noise groups (such as Sky Posse) and the cities and counties involved with the FAA in the Initiative process. We continue to caution the community and City Council that this is a federal policy issue and involves complex engineering and technical challenges as well as a variety of national and local stakeholders. We are expanding our efforts regionally. Staff is in regular communication with the Cities of Los Altos, Los Alto Hills, Portola Valley, East Palo Alto, Menlo Park, and Mountain View. Additionally, staff continues to coordinate with the County of Santa Clara and more recently with the Cities Association of Santa Clara County. Finally, staff attends all Roundtable meetings and is in regular communication with Congresswoman Eshoo’s office. In recent developments the cities of Portola Valley and Los Altos Hills utilized the services of Williams Aviation Consultants (WAC) to respond to the Initiative. Staff has attached the reports created by WAC. On February 3, 2016 the Roundtable discussed adding Palo Alto as a voting member, but did not take a vote due to a developing alternative proposed by Congresswoman Eshoo and Congressmen Farr. That alternative, described in the attached letter dated February 2, 2016, suggests a new FAA Select Committee made up of local elected officials from the cities and counties in the South Bay and Santa Cruz County. Furthermore, staff continues to utilize the services of our federal legislative consultants, Van Scoyoc & Associates, as well outside consul Peter Kirsch from Kaplan Kirsch & Rockwell. Resource Impact Costs for this project are incurred through contract dollars and additional staff time. By approving this staff report, City Council will appropriate $237,500 for Freytag & Associates from the Budget Stabilization Reserve causing the reserve to fall below the City Council approved target level of 18.5% to approximately 18.3%. It is anticipated that through actions recommended as part of the Fiscal Year 2016 Mid-Year Budget Review to be considered by the City of Palo Alto Page 4 Finance Committee in March 2016, the Budget Stabilization Reserve can be brought back to meet or exceed the 18.5% target level. In addition to Freytag, the City has existing contracts with our Federal lobbyist Van Scoyoc & Associates and Kaplan Kirsch & Rockwell. We expect that any assistance from Van Scoyoc in this area can be accommodated within their existing contract. Kaplan Kirsch & Rockwell’s contract could increase depending on future needs and staff will return to City Council with an amendment if needed. Staff time for this project is mainly incurred in the City Manager’s Office through leadership by City Manager Jim Keene, oversight by Assistant City Manager Ed Shikada, and project management by Sr. Management Analyst Khashayar “Cash” Alaee. Staff time is also incurred by City Attorney Molly Stump as well as technical advice from Andrew Swanson, Airport Manager, in the Public Works Department. Attachments:  Attachment A - Timeline of City Activities related to Airplane Noise (PDF)  Attachment B - 11-16-15 FAA Initiative to Address Noise Concerns (PDF)  Attachment C - 12-9-15 Eshoo Letter to Mayor Holman (PDF)  Attachment D - 1-25-16 Eshoo Letter to Noise Groups (PDF)  Attachment E - WAC Comments Portola Valley FINAL (PDF)  Attachment F - WAC Comments Los Altos Hills FINAL (PDF)  Attachment G - Staff Report 8-24-15 (PDF)  Attachment H - Staff Report 2-10-15 (PDF)  Attachment I - Contract C16161182 Freytag and Associates (PDF)  Attachment J - Letter to FAA from Eshoo and Farr 2-2-16 (PDF)  Attachment K - City Letter to Roundtable 2-3-16 (PDF)  Attachment L - Roundtable Staff Report for 2-3-16 (PDF) Page 1 of 3    Attachment A  Timeline of City Activities related to Airplane Noise    October 6, 2014  City Council referred the topic airplane noise to the Policy & Services Committee for discussion.  This was due to the October 1, 2014 decision of the SFO Roundtable to only allow the City to  participate as a nonvoting member. (For additional background prior to October 2014, please  refer to Staff Report #5517.)    February 10, 2015  Policy & Services Committee held a discussion about Air Traffic Noise Impacts on Palo Alto  Citizens (Staff Report 5517).    March 10, 2015  Mayor Holman met with FAA staff in Washington D.C. during the National League of Cities  Conference.    April 22, 2015  City Manager Jim Keene met with John Martin, San Francisco Airport Director John Martin.    June 5, 2015   County Supervisor Joe Simitian met with Sky Posse at Mitchell Park Community Center to  discuss his 13 points of effective advocacy.    July 24, 2015   Congresswoman Anna Eshoo held a meeting with local elected officials, staff and  representatives of the FAA at Palo Alto City Hall.    August 24, 2015  City Council approved Policy & Services Committee and Staff Recommendation that the City  Council Authorize a Request for Proposals for; a Technical Study of Increased Air Traffic Noise,  to Designate a Council Member to act as a Liaison to Engage in Regional Mitigation and  Advocacy Efforts, Adopt a Resolution Urging the Federal Aviation Administration to Address  Increased Aircraft Noise in Palo Alto, and Direct Staff to Engage in Additional Outreach,  Coordination and Advocacy Activities Regarding Aircraft Noise (Staff Report #6023).       September 24, 2015  City issued RFP #161182 titled Airplane Noise Assessment & Mitigation with a close date of  November 25, 2015.    October 6, 2015   City Attorney Molly Stump met with Sky Posse to listen to their concerns about the legal  elements of this topic.    Page 2 of 3      October 7, 2015  Council member Eric Filseth (Council liaison) and Sr. Management Analyst Khashayar Alaee  attended the regularly scheduled SFO Roundtable meeting. Representative of Sky Posse were  also in attendance.    October 9, 2015  Sr. Management Analyst Khashayar Alaee and Lee Christel, Sky Posse representative, attended  a meeting with FAA representative at San Jose International Airport. At this meeting technical  representatives of the FAA were present along with noise group’s representatives from Santa  Cruz and staff from Congresswoman Anna Eshoo’s office.    November 16, 2015  Congresswoman Eshoo, Congresswoman Speier, and Congressmen Farr released the FAA  Response to Congressional Inquiries about Aircraft Noise    November 25, 2015   RFP # 161182 titled Airplane Noise Assessment & Mitigation closed with four bidders: g2  Engineering, Bruel & Kjaer, Sawhill Consulting, and Freytag & Associates.    December 2, 2015  Sr. Management Analyst Khashayar Alaee attended the regularly scheduled the SFO  Roundtable. Representative of Sky Posse were also in attendance.    December 3, 2015  Cities of Palo Alto, Los Altos, and Los Altos Hills met to discuss partnership in addressing the  topic. Cities of Mountain View, Menlo Park and East Palo Alto were also invited but did not  attend.    December 9, 2015  Mayor Holman receives letter from Congresswoman Eshoo requesting support for Quiet Skies  Act, FAA Community Accountability Act and a request to respond to the FAA Initiative in a  timely manner.    December 10, 2015  Sr. Management Analyst Khashayar Alaee and Airport Manager Andrew Swanson attended a  special SFO Roundtable Technical Working Group focused on Departures/Arrivals.  Representative of Sky Posse were also in attendance.    December 15, 2015  The City received a letter from Congresswoman Anna Eshoo requesting prompt feedback to the  FAA Response to Congressional Inquiries document.      Page 3 of 3    January 6, 2016  City staff and Sky Posse representatives interviewed RFP applicants.    January 7, 2016  Sr. Management Analyst Khashayar Alaee attended a special SFO Roundtable Technical  Working Group focused on Departures/Arrivals. Representative of Sky Posse were also in  attendance.    January 25, 2016  Congresswoman Eshoo and Congressman Farr send letter to local noise groups requesting  cooperation amongst groups and unified voice in working with FAA.    January 27, 2016  Cities of Palo Alto, Los Altos, and Los Altos Hills held conference call to discuss issue and receive  a status update on the topic from Congresswoman Eshoo’s office. County of Santa Clara and  Portola Valley were not able to call in.    January 28, 2016  City Attorney Molly Stump, Outside Consul Peter Kirsch, Assistant City Manager Ed Shikada,  Public Work Director Mike Sartor, Airport Manager Andrew Swanson, and Sr. Management  Analyst Khashayar Alaee met with Sky Posse representatives to discuss legal and legislative  matters.    Sa Co Northern regional Californi efficiency Longstan approach Cruz, San congress (FAA) h the FAA and air t evaluated This initi detailed overall f FA anta Cru 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In addition, coordination with the local stakeholders will be conducted during this first phase. During the second phase, FAA will consider any amendments and/or new procedures that are determined to be initially feasible, flyable, and operationally acceptable from a safety point of view. As part of this effort, FAA will conduct the formal environmental and safety reviews, coordinate and seek feedback from existing and/or new community roundtables, members of affected industry, and the National Air Traffic Controllers Association (NATCA) before moving forward with the formal amendment process. During phase three, the FAA will implement procedures; conduct any required airspace changes and additional negotiated actions, as needed. In addition to its mandate to ensure the safe and efficient use of the NAS, the FAA complies with the requirements of the National Environmental Policy Act (“NEPA”). As such, although not specifically detailed within this noise initiative, the FAA’s procedures and standards for evaluating noise impacts associated with all potential modifications to currently published procedures—consistent with FAA Order 1050.1F (effective July 16, 2015)—will be followed and undertaken before implementing any airspace changes. Finally, this document does not constitute either a final decision of the FAA or a re-opening of the FAA’s August 6, 2014 final decision for the Northern California (NorCal) Optimization of Airspace and Procedures in the Metroplex (OAPM).   Initiative: Phase one: Initial Analysis, Feasibility, and Coordination 1. Instrument Flight Procedures/Airspace: Planned Action: The FAA will conduct a detailed analysis to include preliminary feasibility from a procedures/criteria perspective and fly-ability from an aircraft perspective. Procedures will be analyzed, modeled, and flown in flight simulators. An assessment of the impact to operations and other procedures will be completed. The analysis should indicate whether the potential procedural changes could be made to effectively reduce noise. a. Altitude adjustments: Raising the floor and/or ceiling of existing procedures may allow the FAA to do the same for other procedures and reduce noise concerns in certain locations. i. Analyze raising the floor and ceiling of existing SERFR and BRIXX arrivals. (AJV-WOSG) a) Evaluate raising the altitude at MENLO waypoint to 5,000 feet or establish a new waypoint to allow for crossing the MENLO area closer to 5,000 feet. ii. Analyze reducing impacts of SSTIK, WESLA, and CNDLE departures. (AJV-WOSG) Status: Analysis began October 2, 2015 Completion Date: TBD b. Track adjustments: Where possible, tracks should be adjusted away from areas of concern and moved over water versus land. i. Analyze moving the SSTIK and PORTE departures more over water. (AJV-WOSG) ii. Analyze reducing the impacts of SSTIK, WESLA, and CNDLE departures. (AJV-WOSG) iii. Analyze moving the ILS/Visual Approach to Runway 28L offshore. (AJV-WOSG)   iv. Analyze offsetting Visual Approaches until passing the San Mateo Bridge. (AJV-WOSG) v. Analyze the impact of non-charted visual approaches to RWY 28 (AJV-WOSG) NOTE: There are three charted visual approaches to San Francisco (SFO). Two are FAA published approaches, the TIPP TOE VISUAL and the QUIET BRIDGE VISUAL. The third approach is owned by United Airlines and is a special charted visual, also available to other airlines. If changes are made to the procedure, the FAA would request that United Airlines and each airline that uses this procedure update their databases. Status: Analysis began October 2, 2015 Completion Date: TBD c. Waypoint Adjustments: i. On the SERFR arrival, analyze moving EPICK waypoint south to approximately 36 54 52.8N and 121 56 32.7W, add restriction to speed of 280 knots and altitude of 15,000 feet. (AJV-WOSG) ii. Analyze making adjustments to PORTE departure to maximize offshore routing. (AJV-WOSG) iii. Evaluate adding a new waypoint roughly over the Highway 17 summit area, between EPICK and EDDYY, with at least a 10,000 feet and 250 knot restriction. (AJV-WOSG) Status: Analysis began October 2, 2015 Completion Date: TBD d. Speed Adjustments: i. Analyze moving speed adjustments over water instead of over land.  (AJV-WOSG) ii. Analyze reducing the speed on the current SERFR arrival. (AJV- WOSG) iii. Analyze data to determine compliance with the requirement to maintain 250 knots or less below 10,000 feet Mean Sea Level (MSL). (AJV-WOSG)   Status: Analysis began October 2, 2015 Completion Date: TBD e. Holding Patterns i. On the SERFR arrival, study current use of the holding pattern at EPICK and the possibility of moving the holding pattern to WWAVS. (AJV-WOSG) Status: Analysis began October 2, 2015 Completion Date: TBD f. PBN Procedures: i. Evaluate proposed PBN arrival procedures from local community groups for feasibility, fly-ability and safety concerns. (AJV-WOSG) ii. Evaluate the effect of dispersing flight tracks over a wider range. (AJV-WOSG) iii. Study the feasibility of creating new transitions for the NIITE departure for airports to southbound destinations. (AJV-WOSG) iv. Study the possibility of new SFO RNP approaches that will serve Runways 28 L/R that follow the Big Sur ground track, curved out over the Bay crossing MENLO at 5000-6000 feet. (AJV-WOSG) Status: Analysis began October 2, 2015 Completion Date: TBD 2. Air Traffic Control: Planned Action: The Western Service Center, on behalf of the Air Traffic Director of Operations, will work with the facilities to assess what opportunities exist to modify operations. Part of this assessment will include looking at the possibility of adjustments during reduced volume night operations, even if day operations cannot be changed. If changes can be made there will need to be a safety assessment, controller training, pilot briefings, and the SFO community roundtable may need to be engaged.   a. Sequencing and Vector Points: There may be actions air traffic controllers can take to reduce noise concerns such as assessing whether changes can be made to vectoring aircraft over water more. i. Analyze adjusting air traffic activity in the vicinity of Woodside VOR including altitudes. (AJT, AJV-WOSG) ii. Analyze adjusting air traffic to eliminate early turns over land. (AJT, AJV-WOSG) a) Focus on leaving aircraft over water as long feasible. b) Keep aircraft on the SSTIK departure until the SSTIK waypoint before turning. c) Keep aircraft on the NIITE departure to at least the NIITE Waypoint as much as possible. Completion Date: TBD b. Use of Descend Via: i. Increase use of descend via procedures. (AJT, AJV-WOSG) ii. Increase use of descend via procedures for international flights. (AJT, AJV-WOSG) Completion Date: TBD c. Class B Containment: Some current procedures, as designed, are not fully contained within the existing SFO Class B airspace. i. Analyze current versus historic data to determine trends and risks to aircraft exiting and reentering Class B airspace. (AJT, AJI, AJV- WOSG) ii. Analyze current RNAV arrival and departure procedures to determine necessity and feasibility of redesign. (AJT, AJI, AJV-WOSG) iii. Analyze current RNAV arrival and departure procedures to determine necessity and feasibility of redesigning Class B airspace. (AJI, AJV- WOSG) Status: Ongoing Completion Date: TBD   d. Speed Brakes: i. Study the potential reduction and/or elimination of the use of speed brakes and conduct a track analysis to determine flight characteristics, utilizing the Aviation Safety Information Analysis and Sharing (ASIAS) database. (MITRE CAASD) ii. Work with stakeholders to determine feasibility of reducing the use of speed brakes and other surface controls over land. Status: Ongoing Completion Date: TBD e. Runway Usage: i. Study the feasibility of increasing the use of Runway 10. (AJT) ii. Study the feasibility of increasing the use of RWY 01 for Departures (AJT). Study the feasibility of proceduralizing the 050 departure heading off RWY 01 at night. (AJT) iii. Study the necessity of extending nighttime operations at SFO. According to the SFO Standard Operating Procedure, the preferred Runway for operations between 0100 and 0600 local time is departing Runway 10 and landing Runway 28. (AJT) iv. When weather conditions permit, study the increase in use of the Shoreline 7 Departure off RWY 28R or 28L. (AJT, AJV-WOSG) Completion Date: TBD f. Instrument Flight Procedures (IFP): i. Study the feasibility of creating new transitions for the NIITE departure for airports to southbound destinations. (AJV-WOSG) ii. When weather operations permit, study the use of the Shoreline7 departure off of Runway 28R or 28L. (AJT, AJV-WOSG) iii. Study the use of offset visual approaches in lieu of straight in visual approaches. (AJT, AJV-WOSG) iv. Study the usage of GAP departure. (AJT, AJV-WOSG)   v. Study whether international and domestic aircraft are handled the same by Air Traffic Control (ATC). (AJT, AJV-WOSG) vi. Study the feasibility of increasing the use of the SSTIK departure during the day and the NIITE departure at night. (AJT, AJV-WOSG) Completion Date: TBD g. Opposite Direction Operations (ODO): Operational changes related to ODO may have increased noise concerns at night in certain locations. i. Review recent implementation of ODO procedures and their impacts in the San Francisco Bay area. (AJT, AJI) ii. Assess potential options for night operations. (AJT, AJI) Completion Date: TBD 3. Traffic Management Planned Action: The Western Deputy Director of System Operations, on behalf of the Air Traffic Director of Operations, will work with the Western Service Center and local facilities to evaluate the actions and suggestions below. During the analysis, the focus will be on use of traffic management tools and initiative to ensure current practices are as effective and efficient as possible for the potential reduction of noise concerns. a. Equitability: Concentration of noise should be reviewed, especially during nighttime operations. i. Review the current nighttime operations to determine if they adequately address preferential Runway usage. (AJT, AJV-WOSG) NOTE: According to the SFO Standard Operating Procedure, the preferred Runway for operations between 0100 and 0600 local time is departing Runway 10 and landing Runway 28. ii. Evaluate the effect of dispersing flight tracks over a wider range or developing multiple parallel RNAV procedures. (AJT, AJV-WOSG) Completion Date: TBD b. Interactions and agreements: Facility agreements between Northern California TRACON (NCT), Oakland Air Route Traffic Control Center (ARTCC) (ZOA), and Los Angeles ARTCC (ZLA) might be amended to reduce the need for off-course vectors and speed adjustments to potentially reduce noise concerns in certain locations.   i. Review facility agreements for possible changes to aircraft set up and sequencing. (AJT, AJV-WOSG) ii. Review facility agreements to ensure they are effective and efficient with regard to routing and speeds. (AJT, AJV-WOSG) Completion Date: TBD c. Time Based Flow Management (TBFM): The use of TBFM to enhance sequencing may reduce the need for off course vectors and speed adjustments and may reduce noise concerns in certain locations. i. Review the current and projected status of using TBFM procedures. (AJT, AJV, AJR) ii. Review the impact of using TBFM on current noise issues. (AJT, AJV, AJR) Completion Date: TBD d. Nighttime Offloads/Routes: Communities want a focus on reducing noise concerns at night. i. Review nighttime operations. (AJT) ii. Review cargo flight operations to determine if previous actions have adequately addressed all issues. (AJT) iii. Review utilizing the current Big Sur for late night cargo arrivals. (AJT, AJV-WOSG) iv. Review the current nighttime operations to determine if they adequately address preferential Runway usage. (AJT, AJV-WOSG) NOTE: According to the SFO Standard Operating Procedure, the preferred Runway for operations between 0100 and 0600 local time is departing Runway 10 and landing Runway 28. Completion Date: TBD 4. Operators: Planned Actions: AJV will engage Airlines for America (A4A) and The International Air Transport Association (IATA) nationally to solicit perspective and input into defined issues. Operator involvement needs to be discussed, especially if the FAA does not utilize the roundtable concept to work issues with stakeholders. It is assumed that the   Office of the Associate Administrator for Airports (ARP) would want some level of input or engagement as SFO should also be involved directly in these conversations. a. Use of speed brakes: Operators can focus on reducing the use of speed brakes. Pilots have the sole responsibility to determine when speed brakes should be used. (A4A, IATA) Completion Date: TBD b. Runway choices: Operators may request more “fly friendly” Runways, especially at night, to reduce noise concerns in certain locations. (A4A, IATA, SFO) Completion Date: TBD c. IFP choices: Operators can file “fly friendly” procedures, especially at night, to reduce noise concerns in certain locations. (A4A, IATA, SFO) Completion Date: TBD d. Nighttime Offloads/Routes: Communities want a focus on reducing noise concerns at night. (A4A, IATA, SFO) Completion Date: TBD e. Early Turns: Operators can assist ATC in ensuring as much as possible of a flight is over water versus over land by not requesting early turns on course. (A4A, IATA) Completion Date: TBD f. International air carrier execution of Optimized Profile Descents (OPDs): AJV will reach out to IATA to discuss and get input and perspective on this issue. (IATA) Completion Date: TBD 5. Community Engagement a. Community Forums: Addressing noise concerns in a densely populated and operationally complex area like Northern California is best done in a forum (such as existing and/or new roundtables) that includes community leaders and is supported by the FAA and Bay Area Airports. (AWP, AGI)   b. San Carlos Airport: Apart from the efforts described in this report, there are TBD conversations with communities around the airport that are concerned about the increase in flights and noise. (AWP)    Phase two: Modifications and Review Based on the outcome of the initial analysis, feasibility and coordination, modifications may be made to the proposed procedures and/or airspace or operating procedures using the guidance found in current FAA Orders, directives and labor agreements which includes conducting the Environmental Review; Safety Risk Management (SRM); and appropriate public outreach. Completion Date: TBD Phase three: Implementation Based on the outcome of the modifications and review phase and assuming the proposed procedure(s) meet the purpose and need, as well as all applicable environmental laws and requirements, the controller workforce and operators will be trained/briefed on any operational or procedural changes before publication and operational use. Completion Date: TBD 8490 South Power Road, Suite 105-181  Gilbert, AZ 85297  Office (480) 987-7823  Fax (602) 513-7388 Williams Aviation Consultants, Inc. comments on The FAA Initiative to Address Noise Concerns of Santa Cruz/Santa Clara/San Mateo/San Francisco Counties. Williams Aviation Consultants, Inc. (WAC) has been retained by the Town of Portola Valley to analyze the FAA initiative prepared at the request of Representatives Farr, Eshoo and Speier. The document is undated and unsigned but was distributed on November 16, 2015. The document purports to describe the actions that will be taken by the FAA to address the noise concerns identified by various community groups in the Bay Area. This “Noise Initiative” specifies three phases of activity, however only Phase one activities contain any detail on the content of the individual initiatives. Unfortunately, all completion dates are specified as “TBD”. The Initiative states: “During the first phase, the FAA will conduct a detailed analysis and a preliminary feasibility study focusing on flight procedures criteria and overall fly-ability of the new Performance Based Navigation (PBN) procedures, potential procedural modifications including speed/altitude adjustments, airspace changes and possibility of moving existing waypoints. An assessment of impacts to operations at the surrounding airports and associated procedures will be completed.” Coordination with “local stakeholders” will also occur during this phase. Unfortunately, the activities implemented by the FAA in this document only “analyze” the proposed changes. Any actual consideration of adopting the procedure is part of Phase Two. The coordination with “local stakeholders” will certainly involve the Air Carrier community but “may” include community groups/round tables. This document therefore only commits the FAA to determining if the proposed changes are technically feasible. It does not obligate the FAA to discuss the process with any community group or to provide for any follow up community input. Instrument Flight Procedures: Altitude Adjustments The FAA will analyze raising the crossing altitude at MENLO waypoint to 5,000 feet, a 1,000 foot increase. They also mention raising the floor on the BRIXX arrival to SJC but do not mention any specific waypoint(s) or altitudes. The FAA also plans to analyze the impact of “altitude adjustments” to the SSTIK, WESLA and CNDLE departures but fail to provide specifics of the changes proposed. The proposed increase in altitude at MENLO might provide some noise reduction, albeit minor, to Portola Valley. It is unlikely that the small increases in altitude specified (1000 feet) will offer any relief to those impacted by the current overflight condition. Track Adjustments The FAA will analyze moving the SSTIK and PORTE departures “more” over water. In addition they will look at “reducing the impacts” of the SSTIK, WESLA and CNDLE departures. Any Williams Aviation Consultants, Inc. Page 2 of 7 routing over water should reduce impacts on residents. Unfortunately the FAA has not provided the specifics of the procedures to be analyzed so a viable determination of impact cannot be made. The same lack of specific data also applies to the changes proposed for visual approach procedures. The offset visual approach and/or moving of the runway 28L visual approach offshore offer potential benefit to the residents of Portola Valley but the lack of detail makes quantitive analysis impossible. The existence of an unpublished visual approach procedure is problematic. A review of the procedure is not possible because it is not readily available. If the procedure is viable and environmentally friendly, the FAA should publish it. If not, it should be cancelled. Waypoint Adjustments The FAA will analyze waypoint changes on the SERFR arrival. These changes have no impact on Portola Valley. The FAA will also analyze adjusting the PORTE departure to “maximize” off shore routing. Again, the FAA has not provided the specifics of the procedure to be analyzed so the impact of this change cannot be determined. If the revised PORTE departure track remained offshore and west of Woodside, some noise relief might occur for residents of Portola Valley. Speed Adjustments The issues to be analyzed have little if any impact on Portola Valley. The issue of compliance with the 250 knot rule for aircraft operating below 10,000 feet is not appropriate for this analysis. This is solely an issue of pilot compliance with an existing rule (FAR). Holding Patterns The proposed holding pattern change on the SERFR arrival has no impact on Portola Valley as aircraft do not currently hold over the town.. PBN Procedures While the FAA states it will analyze the “proposed PBN arrival procedures from local community groups” they fail to provide any data as to the specifics of those procedures. The one proposal for “new SFO RNP approaches that will serve Runways 28 L/R that follow the Big Sur ground track, curved out over the Bay crossing MENLO at 5000-6000 feet” could be good or bad for the residents of Portola Valley depending on the location and direction of the “curve”. The lacks of detail in the plans being analyzed make a determination of localized impact impossible. Air Traffic Control: As part of this analysis the FAA will have the Western Service Center (Seattle) “work with” the local Air Traffic Control (ATC) facilities to determine if operations can be modified. During the October 9 FAA briefing of community representatives in San Jose, the FAA specifically prohibited any discussion of local procedures and stated that the local ATC folks would not be allowed to meet with us. It now appears the agenda for these discussions will be developed and conducted in house. The FAA states that after it is determined changes can be made, “the SFO community roundtable may need to be engaged”. Williams Aviation Consultants, Inc. Page 3 of 7 Sequencing and Vector Points The FAA plans to “analyze adjusting air traffic activity in the vicinity of Woodside VOR including altitudes”. This activity, if done in concert with community representatives is the only viable method of mitigating the noise issues currently experienced by the residents of Portola Valley. Unfortunately, the community representative part is not in the FAA plan. In the graphic below the blue teardrop shape extending from SFO southeastward towards SJC are the radar tracks of aircraft landing at SFO from departure airports in the north and northwest via the west leg of the Pt Reyes route. It is these aircraft along with the aircraft inbound on other routes (SEFER, Oceanic Arrivals as well as aircraft inbound from the east during poor weather conditions) that are placed on delaying radar vectors and sequenced with those inbound from the north that cause the greatest disruption to Portola Valley residents. Use of Descend Via The lack of the specific changes anticipated makes any analysis of community impact impossible. Williams Aviation Consultants, Inc. Page 4 of 7 Class B Containment The analysis of any data to determine trends and risks associated with Class B containment have no bearing on this study. The existing procedures should be modified to assure aircraft are contained in the Class B airspace. Modification of the Class B airspace only will allow aircraft to continue to operate at relatively low altitudes. In either case, there is no anticipated impact on Portola Valley. Speed Brakes The use of Speed Brakes and other surface controls is outside the purview of the Air Traffic Control system. These devices are used by air crews to adjust speed and descent rates. While ATC can impact their use, they have no control over the air crew’s actions. Runway Usage The FAA plan to study runway usage is simply put, confusing. They plan on studying the increased use of runway 10 but fail to mention if they are talking about arriving or departing aircraft. Runway 10 is, because of high approach minimums, virtually unusable for air carrier arrivals. If the plan anticipates an ability to use Runway 10 for departures more than is done currently, the normal Runway 28 L & R arrival situation would need to be altered. Runways 1L and 1R are the primary departure runways during normal wind conditions. These runways also place aircraft over open water after takeoff. Any change to existing runway usage is likely to cause far more disruption than will be considered acceptable. These changes would have minimal impact on Portola Valley. Instrument Flight Procedures The changes in departure procedures/usage proposed offer no detail as to the actual difference with current operations. The offset visual approach offers potential benefit to the residents of Portola Valley but, again, no detailed data is provided. This lack of detail makes quantative analysis of these proposals impossible. The discussion of ATC handling of international flights is not an IFP issue, rather it is an issue of how these flights are handled by ATC. This issue requires the participation of the local ATC personnel. Opposite Direction Operations This activity only proposes to “review” recent changes to and “assess” potential options for opposite direction operations. No specific information is provided and any resultant impact is therefore impossible to determine. Traffic Management: The use of effective Traffic Management tools could, if properly utilized, provide some over flight relief to Portola Valley. The bulk of the noise impacts currently experienced by Portola Valley residents appear to be during periods when the offset (LDA or Visual) approach to runway 28R is not available. During these periods, ATC appears to utilize the airspace over Portola Valley to sequence via Radar vectors aircraft into the compressed runway 28L&R flow. An effective Traffic Management program during these times could eliminate or reduce the need for these vectors. The FAA states “the focus will be on the use of traffic management tools and initiative to ensure current practices are as effective and efficient as possible for the potential Williams Aviation Consultants, Inc. Page 5 of 7 reduction of noise concerns”. An analysis of the specific concerns identified by Portola Valley should be a point of emphasis in this analysis. Equitability The FAA plans to review/evaluate current nighttime operations and the effect of multiple parallel RNAV procedures. They provide no specifics as to what will be actually analyzed; therefore a determination of potential impact on Portola Valley cannot be made. Interactions and agreements A review of agreements between different ATC facilities is unlikely to provide any change to the current over flight condition in Portola Valley. A review of procedures internal to the handling of aircraft within Northern California TRACON (NCT) could possibly identify some potential for alleviating the traffic congestion over Portola Valley. Time Based Flow Management TBFM has the potential to significantly reduce the need for the sequencing/delay vectoring which currently occurs over Portola Valley. Unfortunately, this technology is in the early stages of implementation. At best this may be identified as a long term aid to the reduction in Portola Valley over flights. A less technology-driven solution needs to be developed in concert with the personnel at NCT. Nighttime Offloads/Routes None of the procedures/operations under review have an impact on the residents of Portola Valley. Operators: The FAA plans to discuss various aircraft operations issues which potentially impact noise with various airline based entities. It appears however that the impacted communities will not be part of this process. The FAA states: Operator involvement needs to be discussed, especially if the FAA does not utilize the roundtable concept to work issues with stakeholders. These discussions, if fruitful might offer a very small amount of noise relief under very limited circumstance to the residents of Portola Valley. Community Engagement: The FAA states: “Addressing noise concerns in a densely populated and operationally complex area like Northern California is best done in a forum (such as existing and/or new roundtables) that includes community leaders and is supported by the FAA and Bay Area Airports.” Unfortunately, the FAA fails to commit to any public involvement during phase one. They have, in fact, indicated that they have no intention of allowing such participation. Phase Two and Phase Three These phases are dependent on the outcome of Phase one. The FAA States “During the second phase, FAA will consider any amendments and/or new procedures that are determined to be Williams Aviation Consultants, Inc. Page 6 of 7 initially feasible, flyable, and operationally acceptable from a safety point of view.” It's important to note that the phase one analysis result is based almost solely on fly ability and ATC acceptance. It is likely that only a handful of relatively minor changes will meet that criterion. Since the radar vector situation over Portola Valley is not a specific item in the Phase one effort, it most certainly will not be part of any Phase two activity. The FAA also states that as part of Phase two the: “FAA will conduct the formal environmental and safety reviews, coordinate and seek feedback from existing and/or new community roundtables, members of affected industry, and the National Air Traffic Controllers Association (NATCA) before moving forward with the formal amendment process.” This is the first point in this “Noise Initiative” that the FAA indicates it will allow public (Community) input. Summary and Recommendations: At the October 9, 2015 FAA Technical Exchange Meeting, extensive data was presented, particularly by Santa Cruz and Palo Alto, which showed significant shifts in SFO arrival traffic. Specifically impacting Portola Valley is) the dramatic increase in air traffic over the Peninsula in the past few years. This appears to be the result of (1) routing Pt Reyes aircraft over the peninsula instead of using the Fly Quiet Approach over the Bay and (2) aircraft being assigned routes by Air Traffic Controllers (Vectors) that place them over the Peninsula at low altitudes while executing loud maneuvering turns. Of the items/activities listed in the FAA Action Plan document, the following are most likely to help Portola Valley: • Sequencing and Vector Points- analyze adjusting air traffic in the vicinity of Woodside VOR. A significant reduction in the use of the airspace overlaying the Portola Valley/Palo Alto area for delay/sequencing vectors by ATC would lead to significant noise mitigation. • Track Adjustments and Traffic Management- the offset visual approach and/or moving the runway 28L visual approach offshore offer the possibility of some noise relief. Unfortunately, no specifics as to the procedures under consideration are provided. It is unlikely that these changes will be determined to be “operationally feasible”. The following sound potentially beneficial, but no details are provided in the FAA document to assess the potential impact on Portola Valley: • Instrument Flight Procedures/ Altitude Adjustments- specifically raising the crossing altitude at MENLO waypoint by 1000 feet to 5000 feet. • Equitability These specific solutions proposed by Sky Posse Palo Alto representative Dr. Lee Christel at the October 9th Technical Meeting are likely to alleviate the traffic congestion over Portola Valley and surrounding communities and therefore are critical for the FAA to evaluate: • Re-balance the Pt. Reyes SFO Arrivals from West (over the Peninsula) to East (over the Bay) leg • Direct flights such as those arriving from the south (the “commuter flights”) to enter at the south end of the Bay. With the long approach over the Bay, these flights would cross over land at significantly higher altitudes. Reviewing the published navigation procedures is in our opinion lip service which may result in a minimal if any change. The bottom line is that if the FAA continues to allow controllers to take aircraft off published arrival and departure routes and utilize the airspace over Portola Valley/Palo Alto as the preferred location to vector/sequence these aircraft into SFO, the situation will not get any better. Until Williams Aviation Consultants, Inc. Page 7 of 7 the FAA is willing to allow discussions with those knowledgeable of the day-to-day operational situation, the reasons for the increased/changed traffic flows will remain unknown. Consequently, our ability to offer viable suggestions on possible ways to mitigate these issues is severely compromised. We recommend that Portola Valley and the cities/towns in the surrounding area who are impacted by the disproportionate increases in traffic and resultant noise over a few communities from SFO arriving flights form a group to address specific concerns within a specific timeline. The FAA has indicated that they will work with community roundtables and mentioned that they will also work with new community roundtables. We recommend that the FAA expand the definition “local Stakeholders” to include these community groups. Answers on why a shift in traffic to locations over the Peninsula has occurred and about the handling of aircraft under varying traffic and weather conditions are important to develop short- and long-term solutions. It has been mentioned that the FAA has legal constraints relating to the Nor Cal Metroplex. The public needs to know exactly what these constraints are and how and why they are holding up communications to solve the problem. Until there is complete and honest communications between the FAA (local and regional), local community leaders and elected representatives, this will continue to be an attempt to make the noise issue “disappear” without requiring any significant change in the way the FAA currently provides ATC services. 8490 South Power Road, Suite 105-181  Gilbert, AZ 85297  Office (480) 987-7823  Fax (602) 513-7388 Williams Aviation Consultants, Inc. comments on The FAA Initiative to Address Noise Concerns of Santa Cruz/Santa Clara/San Mateo/San Francisco Counties and The Mountain SERFR proposal. Williams Aviation Consultants, Inc. (WAC) has been retained by the Town of Los Altos Hills to analyze the FAA initiative prepared at the request of Representatives Farr, Eshoo and Speier. The document is undated and unsigned but was distributed on November 16, 2015. In addition, this document will analyze the potential impacts of the Mountain SERFR proposal submitted to the FAA by the Summit Santa Cruz Mountain Community. The Mountain SERFR proposal. This proposal recommends realigning the current SERFR 1/2 to the west to return to the flight profile used by the former Big Sur Arrival. In addition the proposal identifies prospective changes to the BRIXX Arrival to San Jose (SJC), the over water departure’s from SFO and OAK airport and changes in the methods Air Traffic Control (ATC) uses to delay aircraft inbound to SFO. Proposed SERFR Arrival. The proposed SERFR Arrival moves the flight path west approximately 3.5 miles at the shoreline near Santa Cruz. The route then proceeds directly to the current MENLO intersection. The proposal also anticipates a significant increase in aircraft altitude along the route. The altitude at MENLO would be approximately 1,000 feet higher than that contained in the current procedure. As part of this proposal, it is recommended that the BRIXX Arrival to SJC be routed north of its current track and the altitude raised to remain above the proposed SERFR Arrival. The increased altitudes on the SERFR and BRIXX arrivals offer the potential of some noise relief to the residents of Los Altos Hills. Unfortunately the revised procedure moves the new flight track directly over Los Altos Hills. In the figure below, the red line shows the proposed SERFR Arrival while the blue line depicts the current procedure. Williams Aviation Consultants, Inc. Page 2 of 9 It is doubtful that the proposed change would alter or diminish the noise from SFO arriving aircraft to any significant degree. The current use of the airspace over Los Altos Hills as the preferred area to blend the various arrival flows into the required single stream of aircraft landing at SFO is the primary source of the existing noise problem. The increase in the altitude on the BRIXX Arrival to SJC offers the possibility of substantial noise reduction along that route. The data provided on the current lack of Class B airspace containment for aircraft on the SERFR Arrival has identified a probable safety issue that will provide an incentive for the FAA to make some change to the current procedure. To assure the design of this revised procedure addresses the needs of all the various entities currently impacted by aircraft noise as well as the Air Traffic Control system, a candid discussion between community representatives/experts and the appropriate ATC personnel from Northern California TRACON (NCT) is imperative. It is only through a meeting such as this that a reduction in the use of the airspace over the peninsula for delay sequencing by ATC can be addressed. Proposed Over Water Departure’s from SFO and OAK Airports. The proposal to redesign the over water departure procedures will provide significant relief to those communities currently experiencing such noise. As discussed later in this document the FAA readily admits that their primary customer or “stakeholder” is the airline industry. The routes proposed add some additional miles to those currently being flown so getting the airlines to support this change may not be possible. If these off shore routes were implemented, some noise reduction could be realized by residents of Los Altos Hills. Proposed Changes to ATC methods and procedures. The proposal makes several recommendations on changing the way the ATC system currently routes aircraft. Unfortunately, the FAA has refused to allow discussions to occur between the communities and the personnel directly responsible for the control of the aircraft flying over the peninsula. Without such dialog, a complete understanding of the issues faced by ATC and a viable compromise solution is impossible. In the October 9, 2015 meeting where this proposal was presented to the FAA, the meeting was chaired by the FAA Western/Pacific Regional Administrator. This individual is not in the chain of command of the Air Traffic Control system. A discussion with this individual on ATC matters is on a par with discussing assembly line issues with the building landlord. The FAA Initiative to Address Noise Concerns of Santa Cruz/Santa Clara/San Mateo/San Francisco Counties. The initiative purports to describe the actions that will be taken by the FAA to address the noise concerns identified by various community groups in the Bay Area. This “Noise Initiative” specifies three phases of activity, however only Phase one activities contain any detail on the content of the individual initiatives. Unfortunately, no completion dates are specified. The Initiative states: “During the first phase, the FAA will conduct a detailed analysis and a preliminary feasibility study focusing on flight procedures criteria and overall fly-ability of the new Performance Based Navigation (PBN) procedures, potential procedural modifications including speed/altitude adjustments, airspace changes and possibility of moving existing waypoints. An assessment of impacts to operations at the surrounding airports and associated Williams Aviation Consultants, Inc. Page 3 of 9 procedures will be completed.” Coordination with “local stakeholders” will also occur during this phase. Unfortunately, the activities implemented by the FAA in this document only “analyze” the proposed changes. Any actual consideration of adopting the procedure is part of Phase Two. The coordination with “local stakeholders” will certainly involve the Air Carrier community but “may” include community groups/round tables. This document therefore doesn’t describe the procedures under consideration and only commits the FAA to determining if the proposed changes are technically feasible. It does not obligate the FAA to discuss the process with any community group or to provide for any follow up community input. Instrument Flight Procedures: Altitude Adjustments The FAA will analyze raising the crossing altitude at MENLO waypoint to 5,000 feet, a 1,000 foot increase. They also mention raising the floor on the BRIXX arrival to SJC but do not mention any specific waypoint(s) or altitudes. The FAA also plans to analyze the impact of “altitude adjustments” to the SSTIK, WESLA and CNDLE departures but fail to provide specifics of the changes proposed. The proposed increase in altitude at MENLO might provide some noise reduction, albeit minor, to Los Altos Hills. It is unlikely that the small increases in altitude specified (1000 feet) will offer any relief to those impacted by the current overflight condition. To assure the design of any revised procedure addresses the needs of all the various entities currently impacted by aircraft noise as well as the Air Traffic Control system, a candid discussion between community representatives/experts and the appropriate ATC personnel from Northern California TRACON (NCT) is imperative. Track Adjustments The FAA will analyze moving the SSTIK and PORTE departures “more” over water. In addition they will look at “reducing the impacts” of the SSTIK, WESLA and CNDLE departures. Any routing over water should reduce impacts on residents. Unfortunately the FAA has not provided the specifics of the procedures to be analyzed so a viable determination of impact cannot be made. The same lack of specific data also applies to the changes proposed for visual approach procedures. The offset visual approach and/or moving of the runway 28L visual approach offshore offer potential benefit to the residents of Los Altos Hills but the lack of detail makes quantitive analysis impossible. The existence of an unpublished visual approach procedure is problematic. A review of the procedure is not possible because it is not readily available. If the procedure is viable and environmentally friendly, the FAA should publish it. If not, it should be cancelled. Waypoint Adjustments The FAA will analyze waypoint changes on the SERFR arrival. As previously stated, if these resemble those contained in the Summit Santa Cruz Mountain Community proposal there is potential adverse impact to the residents of Los Alto Hills. The FAA will also analyze adjusting the PORTE departure to “maximize” off shore routing. Again, the FAA has not provided the specifics of the procedure to be analyzed so the impact of this change cannot be determined. If Williams Aviation Consultants, Inc. Page 4 of 9 the revised PORTE departure track remained offshore and west of Woodside, some noise relief might occur for residents of areas impacted by current procedures. Speed Adjustments The issues to be analyzed have little if any impact on Los Altos Hills. The issue of compliance with the 250 knot rule for aircraft operating below 10,000 feet is not appropriate for this analysis. This is solely an issue of pilot compliance with an existing rule (FAR). Holding Patterns The proposed holding pattern change on the SERFR arrival has no impact on Los Altos Hills as aircraft do not currently hold over the town. PBN Procedures While the FAA states it will analyze the “proposed PBN arrival procedures from local community groups” they fail to provide any data as to the specifics of those procedures. The one proposal for “new SFO RNP approaches that will serve Runways 28 L/R that follow the Big Sur ground track, curved out over the Bay crossing MENLO at 5000-6000 feet” could be good or bad for the residents of Los Altos Hills depending on the location and direction of the “curve”. The lack of detail in the plans being analyzed makes a determination of localized impact impossible. Air Traffic Control: As part of this analysis the FAA will have the Western Service Center (Seattle) “work with” the local Air Traffic Control (ATC) facilities to determine if operations can be modified. During the October 9 FAA briefing of community representatives in San Jose, the FAA specifically prohibited any discussion of local procedures and stated that the local ATC folks would not be allowed to meet with us. . Unfortunately, the FAA’s refusal to allow discussions to occur between the communities and the personnel directly responsible for the control of the aircraft flying over the peninsula precludes a complete understanding of the issues faced by ATC and the development of a viable compromise solution. It now appears the agenda for these discussions will be developed and conducted in house. The FAA states that after it is determined changes can be made, “the SFO community roundtable may need to be engaged”. This is the complete opposite of an enlightened approach. Sequencing and Vector Points The FAA plans to “analyze adjusting air traffic activity in the vicinity of Woodside VOR including altitudes”. This activity, if done in concert with community representatives is the only viable method of mitigating the most significant noise issues currently experienced by the residents of Los Altos Hills. Unfortunately, the community representative part is not in the FAA plan. In the following graphic the blue teardrop shape extending from SFO southeastward towards SJC are the radar tracks of aircraft landing at SFO from departure airports in the north and northwest via the west leg of the Pt Reyes route. It is these aircraft along with the aircraft inbound on other routes (SEFER, Oceanic Arrivals as well as aircraft inbound from the east during poor weather conditions) that are placed on delaying radar vectors and sequenced with those inbound from the north that cause the greatest disruption to Los Altos Hills residents. This is also where the Williams Aviation Consultants, Inc. Page 5 of 9 greatest benefit can be obtained by direct dialog between community representatives and FAA ATC personnel. Use of Descend Via The lack of the specific changes anticipated makes any analysis of community impact impossible. Class B Containment The analysis of any data to determine trends and risks associated with Class B containment have no bearing on this study. The existing procedures should be modified to assure aircraft are contained in the Class B airspace. Modification of the Class B airspace only will allow aircraft to continue to operate at relatively low altitudes. In either case, there is minimal impact anticipated on LOS Altos Hills. The data provided in the Summit Santa Cruz Mountain Community proposal on the current lack of Class B airspace containment for aircraft on the SERFR Arrival has identified a probable safety issue that will provide an incentive for the FAA to make some change to the current procedure. To assure the design of this revised procedure addresses the needs of all the various entities currently impacted by aircraft noise as well as the Air Traffic Williams Aviation Consultants, Inc. Page 6 of 9 Control system, a candid discussion between community representatives/experts and the appropriate ATC personnel from Northern California TRACON (NCT) is imperative. It is only through a meeting such as this that a reduction in the use of the airspace over the peninsula for delay sequencing by ATC can be addressed. Speed Brakes The use of Speed Brakes and other surface controls is outside the purview of the Air Traffic Control system. These devices are used by air crews to adjust speed and descent rates. While ATC can impact their use, they have no control over the air crew’s actions. Runway Usage The FAA plan to study runway usage is simply put, confusing. They plan on studying the increased use of runway 10 but fail to mention if they are talking about arriving or departing aircraft. Runway 10 is, because of high approach minimums, virtually unusable for air carrier arrivals. If the plan anticipates an ability to use Runway 10 for departures more than is done currently, the normal Runway 28 L & R arrival situation would need to be altered. Runways 1L and 1R are the primary departure runways during normal wind conditions. These runways also place aircraft over open water after takeoff. Any change to existing runway usage is likely to cause far more disruption than will be considered acceptable. These changes would have minimal impact on Los Altos Hills. Instrument Flight Procedures The changes in departure procedures/usage proposed offer no detail as to the actual difference with current operations. The offset visual approach offers potential benefit to the residents of Los Altos Hills but, again, no detailed data is provided. This lack of detail makes quantative analysis of these proposals impossible. The discussion of ATC handling of international flights is not an IFP issue, rather it is an issue of how these flights are handled by ATC. This issue requires the participation of the local ATC personnel. Opposite Direction Operations This activity only proposes to “review” recent changes to and “assess” potential options for opposite direction operations. No specific information is provided and any resultant impact is therefore impossible to determine. Traffic Management: The use of effective Traffic Management tools could, if properly utilized, provide some over flight relief to Los Alto Hills. The most significant noise impacts currently experienced by the majority of peninsula residents appears to occur during periods when the offset (LDA or Visual) approach to runway 28R is not available. During these periods, ATC appears to utilize the airspace over large areas of the peninsula south of Menlo Park to sequence via Radar vectors aircraft into the compressed runway 28L&R flow. An effective Traffic Management program during these times could eliminate or reduce the need for these vectors. The FAA states “the focus will be on the use of traffic management tools and initiative to ensure current practices are as effective and efficient as possible for the potential reduction of noise concerns”. A full evaluation of the specific concerns identified by the various communities should be a point of emphasis in this analysis. Williams Aviation Consultants, Inc. Page 7 of 9 Equitability The FAA plans to review/evaluate current nighttime operations and the effect of multiple parallel RNAV procedures. They provide no specifics as to what will be actually analyzed; therefore a determination of potential impact on any given geographic area cannot be made. Interactions and agreements A review of agreements between different ATC facilities is unlikely to provide any change to the current over flight condition in any peninsula town/city. A review of procedures internal to the handling of aircraft within Northern California TRACON (NCT) could possibly identify some potential for alleviating the traffic congestion over Los Altos Hills. Time Based Flow Management TBFM has the potential to significantly reduce the need for the sequencing/delay vectoring which currently occurs over Los Altos Hills. Unfortunately, this technology is in the early stages of implementation. At best this may be identified as a long term aid to the reduction in over flights. A less technology-driven solution needs to be developed in concert with the personnel at NCT. Nighttime Offloads/Routes None of the procedures/operations under review have an impact on the residents of Los Altos Hills. Operators: The FAA plans to discuss various aircraft operations issues which potentially impact noise with various airline based entities. It appears however that the impacted communities will not be part of this process. The FAA states: Operator involvement needs to be discussed, especially if the FAA does not utilize the roundtable concept to work issues with stakeholders. These discussions, if fruitful might offer a very small amount of noise relief under very limited circumstance to the residents of the peninsula. Community Engagement: The FAA states: “Addressing noise concerns in a densely populated and operationally complex area like Northern California is best done in a forum (such as existing and/or new roundtables) that includes community leaders and is supported by the FAA and Bay Area Airports.” Unfortunately, the FAA fails to commit to any public involvement during phase one. They have, in fact, indicated that they have no intention of allowing such participation. Phase Two and Phase Three These phases are dependent on the outcome of Phase one. The FAA States “During the second phase, FAA will consider any amendments and/or new procedures that are determined to be initially feasible, flyable, and operationally acceptable from a safety point of view.” It's important to note that the phase one analysis result is based almost solely on fly ability and ATC acceptance. It is likely that only a handful of relatively minor changes will meet that criterion. Since the radar vector situation over the major portion of the peninsula is not a specific item in the Phase one effort, it most certainly will not be part of any Phase two activities. Williams Aviation Consultants, Inc. Page 8 of 9 The FAA also states that as part of Phase two the: “FAA will conduct the formal environmental and safety reviews, coordinate and seek feedback from existing and/or new community roundtables, members of affected industry, and the National Air Traffic Controllers Association (NATCA) before moving forward with the formal amendment process.” This is the first point in this “Noise Initiative” that the FAA indicates it will allow public (Community) input. Summary: At the October 9, 2015 FAA Technical Exchange Meeting, extensive data was presented, particularly by Santa Cruz and Palo Alto, which showed significant shifts in SFO arrival traffic. Specifically, the data showed a dramatic increase in air traffic over the Peninsula in the past few years. This appears to be the result of (1) routing Pt Reyes aircraft over the peninsula instead of using the Approach over the Bay and (2) aircraft being assigned routes by Air Traffic Controllers (Vectors) that place them over the Peninsula at low altitudes while executing maneuvering turns. The following items in the FAA initiative are potentially beneficial, but no details are provided in the FAA document to assess the potential impact on Los Altos Hills: • Sequencing and Vector Points- analyze adjusting air traffic in the vicinity of Woodside VOR. The most significant noise impacts currently experienced by the majority of peninsula residents appears to occur during periods when the offset (LDA or Visual) approach to runway 28R is not available. During these periods, ATC appears to utilize the airspace over large areas of the peninsula south of Menlo Park to sequence via Radar vectors aircraft into the compressed runway 28L&R flow. An effective Traffic Management program during these times could eliminate or reduce the need for these vectors. • Track Adjustments and Traffic Management- the offset visual approach and/or moving the runway 28L visual approach offshore offer the possibility of some noise relief. Unfortunately, no specifics as to the procedures under consideration are provided. It is unlikely that these changes will be determined to be “operationally feasible”. • Instrument Flight Procedures/ Altitude Adjustments- specifically raising the crossing altitude at MENLO waypoint by 1000 feet to 5000 feet. • Equitability Reviewing the published navigation procedures is in our opinion lip service which may result in a minimal if any change. The bottom line is that if the FAA continues to allow controllers to take aircraft off published arrival and departure routes and utilize the airspace over densely populated portions of the peninsula as the preferred location to vector/sequence these aircraft into SFO, the situation will not get any better. Until the FAA is willing to allow discussions with those knowledgeable of the day-to-day operational situation, the reasons for the increased/ changed traffic flows will remain unknown. Consequently, our ability to offer viable suggestions on possible ways to mitigate these issues is severely compromised. The FAA has indicated that they will work with existing and new community roundtables. We recommend that the cities/towns that are impacted by the disproportionate increases in traffic and resultant noise from SFO arriving flights form a new group to address their specific concerns. Williams Aviation Consultants, Inc. Page 9 of 9 We also recommend that the FAA expand the definition “local Stakeholders” to include these community groups so their input can be considered in Phase 1. Direct discussions between these community groups and ATC personnel is crucial to obtaining answers as to why a shift in traffic to locations over the Peninsula has occurred and to develop short- and long-term solutions acceptable to all entities. Until there is complete and honest communications between the FAA (local and regional), local community leaders and elected representatives, this will continue to be an attempt to make the noise issue “disappear” without requiring any significant change in the way the FAA currently provides ATC services. City of Palo Alto (ID # 6023) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/24/2015 City of Palo Alto Page 1 Summary Title: Policy & Services Committee Recommendation regarding Air Traffic and Adoption of a Resolution Title: Policy & Services Committee and Staff Recommendation that the City Council Authorize a Request for Proposals for; a Technical Study of Increased Air Traffic Noise, to Designate a Council Member to act as a Liaison to Engage in Regional Mitigation and Advocacy Efforts, Adopt a Resolution Urging the Federal Aviation Administration to Address Increased Aircraft Noise in Palo Alto, and Direct Staff to Engage in Additional Outreach, Coordination and Advocacy Activities Regarding Aircraft Noise From: City Manager Lead Department: City Manager Recommendation The Policy and Services Committee recommends that the City Council approve the following motions: 1. Direct staff to issue a Request for Proposals (RFP) for a Technical Study, including data analysis of aircraft noise over Palo Alto and recommendations for alternatives to reduce noise, and return to Council with the results of the RFP by no later than December 2015. 2. Direct staff to utilize the different tri-cities meetings as a vehicle to engage and measure the interest of surrounding cities in the flight path/noise issue and to reach out to several adjacent cities as a complement. 3. Elevate aircraft noise as a City priority and request advocacy at various appropriate levels. 4. Authorize the Mayor to appoint a Council Member representative as liaison to the Sky Posse (local advocacy group) and as a non-voting representative to the Airport Round Table or its subcommittees and other regional bodies as needed. 5. Direct the City Manager to continue to work with residents. In addition, Staff recommends that the City Council: City of Palo Alto Page 2 1. Adopt the attached Resolution to urging the Federal Aviation Administration (FAA) to address increased aircraft noise in Palo Alto. 2. Direct the City Attorney to meet with residents to review state and federal statutes and regulations, and provide information on pending legal proceedings relating to aircraft noise in other regions. Background On February 10, 2015 the Policy & Services Committee discussed the topic of air traffic impacts on citizens of Palo Alto. The staff report discussed in detail the background of this issue and presented the Committee with a previous staff report associated with this matter. The February report also contained a letter to the Federal Aviation Administration (FAA) from the City as well as a letter to the San Francisco Airport Roundtable. It also included correspondence to the City Council from a local advocacy group, Sky Posse. At the Committee meeting, a discussed detail of the issue with the Sky Posse. The results were the recommendations listed above. Since the February 10, 2015 meeting, staff has been working closely with Sky Posse, County of Santa Clara Supervisor Joe Simitian’s Office, and United States House of Representative Anna Eshoo’s Office. Specifically, Sky Posse representatives and staff created the attached scope of services for a RFP. Staff intends to issue the RFP after Council approval and return to Council by December 2015. The Policy & Services Committee recommended that Council approve $30,000 for the technical study. Staff does not believe that the Council needs to approve funding for the study at this time. When staff returns to Council in December with the results of the RFP, staff will recommend an amount and source of funds for the study. Staff has also been working closely with Supervisor Simitian’s Office. The work has led to the attached resolution. Adopting this resolution will assist with regional and national advocacy efforts. The County of Santa Clara Board of Supervisors will review a similar resolution in August. Staff believes that Council’s approval of the resolution will help Anna Eshoo in her efforts to work with the FAA. On July 24, 2015, Congresswoman Eshoo convened a meeting with FAA Administrators to ensure that the FAA heard directly from residents and their elected representatives. The meeting was successful in that the FAA acknowledged an increase in complaints and committed to continue to gather input from the region. They also agreed to return to the region for additional meetings and encouraged elected officials to continue to work with San Francisco Airport and the Roundtable. In addition to the meeting, Congresswoman Eshoo has sent FAA Administrator several letters in her role as member of the Quiet Sky Caucus. Discussion Staff is appreciative of the efforts by the Congresswoman Eshoo, Supervisor Simitian, their staff and the Sky Posse. Staff continues to recommend a steady approach of being responsive to our residents’ concerns while working with our neighboring cities, the Association of Bay Area Governments, San Francisco International Airport, the SFO Airport/Community Roundtable, City of Palo Alto Page 3 County of Santa Clara and the United States Congress. Staff does want to caution the community that cities have a limited role in the area of airspace and that this resource is governed by the federal government. The proposed scope of services described in the RFP is largely focused on quantifying the change in air traffic patterns that has occurred over Palo Alto over the past few years, and specifically the dramatic increase in concentrated, low-altitude flights and associated noise levels. Recognizing that this issue may fall outside the FAA’s conventional metrics for determining adverse impacts, the scope of services should retain the flexibility to accommodate alternative approaches. Staff believes that by the time the results of the RFP return to Council, there will be further developments from the FAA’s input gathering phase. Additionally, with Council’s appointment of a liaison to Sky Posse on this matter, greater alignment and consensus building on next steps is possible. This includes engagement with other communities throughout the Bay Area, which will be supported by the Santa Clara County Board of Supervisors. Resource Impact Staff will return to Council with the results of the RFP which could require a Budget Amendent Ordinance for contract services. Staff time is another resources impact and reallocation or a request for additional staff resources could come before the Council as part of the FY16 mid- year budget or as part of the FY17 budget. Staff will have further information about this element when the results of the RFP return to Council. Attachments:  Attachment A: Reso Urging FAA to address increased aircraft noise v2 (PDF)  Attachment B - Scope of Work for RFP (DOCX)  Attachment C - April 10, 2015 Eshoo Letter to FAA Administrator (PDF)  Attachment D - April 15, 2015 Eshoo and Farr Letter to FAA (PDF)  Attachment E - June 15, 2015 Quiet Skies Caucus Letter (PDF)  Attachment F - February 10, 2015 P&S Staff Report (PDF)  Attachment G - February 10, 2015 P&S Final Minutes (PDF)  Attachment H - ABAG Regional Airport Committee Roster (PDF)  Attachment I - Public Letters to Council (PDF) City of Palo Alto (ID # 5517) Policy and Services Committee Staff Report Report Type: Agenda Items Meeting Date: 2/10/2015 City of Palo Alto Page 1 Summary Title: Discussion about Air Traffic Over Palo Alto Skies Title: Discussion and Direction to City Manager Regarding Air Traffic Noise Impacts on Palo Alto Citizens From: City Manager Lead Department: City Manager Recommendation Staff recommends that the Policy & Services Committee recommend to the City Council to direct the City Manager to continue to work with residents, to utilize the City’s federal legislative consultants, and to work with neighboring cities, counties and other governmental organizations on a regional approach in advocacy to the Federal Aviation Administration (FAA). Background On October 6, 2014, City Council referred the topic airplane noise to the Policy & Services Committee for discussion. This was due to the October 1, 2014 decision of the San Francisco International Airport Community Roundtable (Roundtable) to only allow the City to participate as a nonvoting member. Prior to this decision, on April 29, 2014, staff presented City Council with a report about the FAA Draft Environmental Assessment (EA). The report included letters from Congresswoman Eshoo, former Mayor Shepherd and City Manager Keene where they requested a 60 day extension for comment period on the EA. At April 29, 2014 meeting, City Council decided to contact the FAA and Roundtable. Therefore, on May 2, 2014, the City issued a letter to the FAA presenting a list of comments and concerns. Additionally, Council sought to join the Roundtable and on May 29, 2014 the City submitted this request to the Roundtable Chair. On June 5, 2014 concerned residents met with City Manager Keene to further discuss the noise problem, to discuss the EA, to inform staff about political initiatives to abate noise and to propose immediate actions to reduce noise. Over the next several months, staff began working with residents on their questions and requests. In July 2014, the FAA issued the “Finding No Significant Impact and Record of Decision,” which can also be found at the link above. This decision was not favorable to the City, therefore, staff continued to meet with residents. City of Palo Alto Page 2 The City pursued membership on joining the Roundtable. However, on October 1, 2014 the City was notified that it could only participate as a nonvoting member. On October 24, 2014 the Palo Alto Weekly published two articles titled, “Unfriendly skies: Residents, city officials gear up to fight increased airplane noise” and “Making a noise: Government officials attempt to influence aircraft regulations.” These articles provide a perspective into the history and sense of the community’s actions. They reference key documents such as the Anna Eshoo letter from 2000, the Grand Jury Report about the Roundtable, and the September 12, 2014 letter from 26 Congress members to FAA Administrator. On December 10, 2014, the resident group referred to as Sky Posse Palo Alto, sent City Council a letter. In response to the Roundtable decision and in preparation for the Policy and Services Committee, staff from the City Manager’s Office met with Sky Posse representatives on several occasions. Attached is the presentation prepared by Sky Posse for the committee. Discussion Staff recommends a steady approach of continuing to work on behalf of our residents in regional and federal advocacy regarding airplane noise. Staff is aware that cities have a limited role in the area of airspace and that this resource is administered by the federal government. Staff believes that utilizing our federal legislative consultants to work with the federal agencies, elected officials and the newly created Congressional Quiet Skies Caucus would be an appropriate use of City resources. Additionally, joining neighboring cities to discuss regional approaches would also assist with advancing Sky Posse’s goals. This action can take many forms such as meeting with San Mateo County cities, continuing to attend the Roundtable as a non- voting member, and/or working with our neighbors in Santa Clara County to create a new Roundtable. Additionally, the City can encourage the Association of Bay Area Government’s Regional Airport Planning Committee (RAPC) to convene and participate in the meetings. Finally, Sky Posse has suggested the hiring of a consultant. Staff is uncertain about the cost and benefits of this proposal. Staff believes that the proposed recommendation will continue to advance our citizen’s goals. Through the actions mentioned above and proposed actions, staff has acknowledged the airplane noise problem, prioritized it and is willing to continue to assist our citizens with advocacy at the regional and national level. Resource Impact Staff time and possible contract dollars are impacts to the General Fund. Attachments:  -: 4-29-14 Staff Report (PDF)  -: 4-29-14 City Council Meeting Minutes (PDF)  -: 5-2-14 Mayor's Letter to FAA (PDF)  -: 5-29-14 Mayor's Letter to Roundtable (PDF)  -: 10-24-14 PA Weekly Article (PDF)  -: 5-12-2000 Anna Eshoo Letter (PDF)  -: San Mateo Grand Jury Report (PDF) City of Palo Alto Page 3  -: 9-12-14 Congressional letter for FAA reform (PDF)  -: 12-10-14 - Letter from SkyPosse to City Council (PDF)  -: Sky Posse Palo Alto Presentation (PDF) Professional Services Rev. March 31, 2015 CITY OF PALO ALTO CONTRACT NO. C16161182 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND FREYTAG & ASSOCIATES, LLC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 8th day of February, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and FREYTAG & ASSOCIATES, LLC., a California Limited Liability Company, located at 925 Cresta Way, Ste. 9, San Rafael, California, 94903 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to assess the history of air traffic patterns over the Northern California (NorCal) Metroplex (“Project”) and desires to engage a consultant to provide services in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 31, 2017 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction 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. DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 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 Two Hundred Thirty Seven Thousand Five Hundred Dollars ($237,500.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C- 1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. 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: Hughes AV 10 Alicante Coto de Caza, CA. 92679 Clayton Smith Consulting 79 Barton Road Edgewood, NM. 87015 CSDA Design Group 475 Samsome Street, Suite 800 San Francisco, CA. 94111 CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign John Freytag as the 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 director, project coordinator, or any DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY’s project manager is Khashayar Allaee, City Manager’s Office, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650) 329-2230. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior 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 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 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, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 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 Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements:  All printed materials provided by CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks.  Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.  Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. 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 DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 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 attorneys employed by it as well as any attorneys’ fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this 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 provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 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 of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 25.10 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. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO APPROVED AS TO FORM: FREYTAG & ASSOCIATES, LLC. Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 President Professional Services Rev. March 31, 2015 EXHIBIT “A” SCOPE OF SERVICES The scope of services below provides details describing each task. As circumstances with Federal Aviation Administration and United States Congress progress, CITY staff and CONSULTANT may update tasks to adapt to current market conditions. Additionally as work on Historical Operations and Noise Assessments begin CITY staff and CONSULTANT may amend specific outputs. The descriptions below are intended to provide a framework for the activity. CONSULTANT will not begin tasks until work order is issued by CITY. Task 1: Historical Operations Assessment 1 Database preparation and mock data output CONSULTANT shall generate sample ‘mock’ outputs of data deliverables so that all parties understand what the deliverables will look like and that they are acceptable. 1.1 Data Base import and customization 1.2 Initial mapping developed 1.3 Develop 5x5 boxes, per 1000 feet 1.4 Heat Maps for SFO, SJC & OAK 1.5 SFO arrivals (36 graphic & database outputs) 1.6 SJC arrivals (36 graphic and database outputs) 1.7 OAK Arrivals (36 graphic and database outputs) 1.8 Customize database to include Airport runway usage 2 Cell maps A series of cell maps will be prepared to describe the distribution of various air operational parameters over the Bay Area. 2.1 Basic historical data Prepare a series of cell maps delineating various combinations of flight tracks, altitudes, periods of the day/evening/night, for operations to and from SFO, SJC and OAK for several base years and months. 2.2 Changes in flight operations Prepare a series of cell maps depicting changes in various air operations over specific years and/or seasons. 2.3 Line charts Prepare a series of line charts depicting changes in various air operations over specific years and/or seasons. 2.4 Histograms Prepare a series of histograms depicting the statistical distribution of various air operations over specific years and/or seasons. Task 2: Historical Noise Assessment 3 Noise Assessments 3.1 Cell maps - DNL / SEL's / Respite minutes / day/evening /night DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 Prepare Cell maps of the above metrics for the Bay Area with color coding for noise metric levels. Noise contours for various years will be compared. 3.2 Line charts - Alternative metrics / years / months / day/evening/night For each CITY, and for several years and months, analyze the Cell data for the CITY by month/year and prepare graphics to illustrate changes in noise patterns vs. time, separated by ‘Day’, ‘Evening’, and ‘Night’. 3.3 Noise monitoring (1 month) Install a temporary noise monitor (at least one month) at a location in Palo Alto and compare modeled data to actual data as a validation of the model. Assumptions/Exclusions:  The NOP data will be used to generate flight paths, number of operations, and runway use in the AEDT. Input files for flight tracks and operations will be provided by the NOP data manager.  The NOP data does not provide all of the inputs needed for the AEDT. Specifically, we will need to make assumptions for the following:  Exact aircraft type (e.g., 737-700 versus 737-939).  Aircraft load  Meteorological conditions  Aircraft flap settings  Aircraft thrust settings Task 3: FAA & Community Activity and Noise Mitigation 4.a.1 Airline route analysis - review published routes Review published routes, procedures, and related documentation, identifying operational changes at SFO, SJC, and OAK with relevant impact on route usage and traffic levels over Palo Alto, since the year 2000. Prepare a report with findings. 4.a.ii Airline route analysis - ID ops changes for SFO, SJC and OAK 4.a.iii Airline route analysis - ID impact on route changes over Palo Alto 5.1 Assessing alternatives - ID lesser used airspace Track data analysis, TRACON vectoring practices for metering / sequencing. Review TRACON SOP’s, identify compliance. 5.2 Assessing alternatives - modified flight path fuel/operating costs Explore T-Routes (GA), raise crossing fix altitudes, TEST options, fuel and CO2 conservation, adjust vectoring pathology. 5.3 Assessing alternatives - reduced nighttime noise exposure Propose new options to current Noise Abatement Program (SFO)/compliance, review STAR profiles and compliance, USER meetings. 5.4 Assessing alternatives - minimize over-terrain flights <8,000 ft. DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 Adjust / amend per 5.2. 5.5 Assessing alternatives - review MENLO "IAF" crossing altitude Adjustments/procedural amendments will be incorporated per outcomes of 5.2 and 5.5 based on TRACON concurrence and operational impact. 5.6 Assessing alternatives - review SJC arrival impacts This task will be analyzed and amendments incorporated per outcomes of 5.1 thru 5.6. 5.7 Assessing alternatives - costs/saving for alternative routing Operational/fuel costs will be derived from final amendments of route and practices with considerations given to surrounding Cities and air traffic flows and GA usage. 5.8 Assessing alternatives - discuss and assess FAA directives As required / per demand. Task 4: Ongoing Community Noise Activity 1 SFO Round Table Meetings 2 NOR CAL TRACON On-Site Meetings 3 Palo Alto City Meetings 4 Congressional Meetings 5 CITY Teleconference Calls 6 Meeting with FAA Regional Administrator / Staff 7 Draft technical correspondence for City review Task 5: Sleep Interference Study 1 Phase 1 – monitoring -- 1 week @ 2 locations Two simultaneous noise monitors set inside and outside an unoccupied residence concurrently recording the sound level at least each one second intervals for seven consecutive days. This will identify all aircraft flyover events simultaneously inside and outside the residence. 2 Data reduction The noise data recorded will be downloaded from the digital programmable sound level meters and all aircraft flyover events identified. 3 Sleep interference computation The percentage of the population awakened by the series of aircraft flyover events will be computed in accordance with American National Standards Institute (ANSI) S12.9, Part 6, "Quantities and Procedures for Description and Measurement of Environmental Sound -- Part 6: Methods for Estimation of Awakenings Associated with Aircraft Noise Events Heard in Homes". 4 Sleep interference assessment The degree of sleep interference will be quantified from the measurement results. 5 Sleep interference written report The measurement, assessment procedure and results will be presented in a written report. 6 Sleep interference presentation The measurement, assessment procedure and results will be presented in an oral report to a Palo Alto forum. DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 Task 6: Classroom Disruption Study 1 Phase 1 -- monitoring -- 1 week @ 2 locations Two simultaneous noise monitors set inside and outside an unoccupied classroom concurrently recording the sound level at least each one second intervals for several consecutive weekdays. This will identify all aircraft flyover events simultaneously inside and outside the school during school hours. 2 Data reduction The noise data recorded will be downloaded from the digital programmable sound level meters and all aircraft flyover events identified. 3 Classroom interference computation The degree of classroom disruption from aircraft noise will be assessed with respect to American National Standards Institute (ANSI) Standard S12.60, "Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools, Parts 1 & 2". 4 Classroom interference assessment The degree of classroom interference will be quantified from the measurement results. 5 Classroom interference written report The measurement, assessment procedure and results will be presented in a written report. 6 Classroom interference presentation The measurement, assessment procedure and results will be presented in an oral report to a Palo Alto forum. Task 7: Property Valuation Study 1 Research 2 Property Valuation Report 3 Property Valuation Presentation DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. Tasks Completion No. of Days/Weeks From NTP 1. Historical Operations Assessment TBD 2. Historical Noise Assessment TBD 3. FAA & Community Activity and TBD Noise Mitigation 4. Ongoing Community Noise Activity TBD 5. Sleep Interference Study TBD 6. Classroom Disruption Study TBD 7. Property Valuation Study TBD DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed $237,500.00. 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. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $237,500.00. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $62,500.00 (Historical Operations Assessment) Task 2 $70,000.00 (Historical Noise Assessment) Task 3 $25,000.00 (FAA & Community Activity and Noise Mitigation) Task 4 $50,000.00 (Ongoing Community Noise Activity) Task 5 $10,000.00 (Sleep Interference Study) Task 6 $10,000.00 (Classroom Disruption Study) Task 7 $10,000.00 (Property Valuation Study) DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 Sub-total Basic Services $237,500.00 Reimbursable Expenses $0.00 (None) Total Basic Services and Reimbursable expenses $237,500.00 Maximum Total Compensation $237.500.00 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 EXHIBIT “C-1” HOURLY RATE SCHEDULE Overall Project Manager, Freytag & Associates, LLC $ 280/hr Air Traffic Management Manager, Hughes AV Associates $ 240/hr National Offload Program Manager, Clayton Smith Consulting $ 250/hr Noise Modeling and Graphics Production Manager, CSDA Design Group $ 240/hr Senior Acoustician/Analyst $ 145/hr Acoustician/Analyst $ 110/hr Technician Administrative $ 90/hr Administrative $ 70/hr DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRE D TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. 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 COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Professional Services Rev. March 31, 2015 THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE EMAILED TO: InsuranceCerts@CityofPaloAlto.org DocuSign Envelope ID: 16A7326C-9D54-461A-81A6-E48A91B02300 Certificate Of Completion Envelope Id: 16A7326C9D54461A81A6E48A91B02300 Status: Completed Subject: Please DocuSign this document: C16161182 FREYTAG AIR TRAFFIC CONTRACT MS 020216.pdf Source Envelope: Document Pages: 19 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Christopher Anastole AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 chris.anastole@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 2/2/2016 11:03:47 AM Holder: Christopher Anastole chris.anastole@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp Jack Freytag jack@freytagllc.com President Security Level: Email, Account Authentication (None)Using IP Address: 71.202.95.70 Sent: 2/2/2016 11:05:50 AM Viewed: 2/2/2016 11:18:26 AM Signed: 2/2/2016 2:53:41 PM Electronic Record and Signature Disclosure: Not Offered ID: In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Khashayar Alaee Khashayar.Alaee@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Sent: 2/2/2016 2:53:42 PM Electronic Record and Signature Disclosure: Not Offered ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/2/2016 2:53:42 PM Certified Delivered Security Checked 2/2/2016 2:53:42 PM Signing Complete Security Checked 2/2/2016 2:53:42 PM Completed Security Checked 2/2/2016 2:53:42 PM San Francisco International Airport/Community Roundtable 455 County Center, 2nd Floor Redwood City, CA 94063 T (650) 363-1853 F (650) 363-4849 www.sforoundtable.org Working together for quieter skies January 28, 2016 TO: Roundtable Representatives and Alternates FROM: James A. Castañeda, AICP, Roundtable Coordinator SUBJECT: Consideration of amending the Roundtable’s Memorandum of Understanding and Bylaws to allow the City of Palo Alto to be a voting member At the request of the Roundtable chairperson, the item of considering the City of Palo Alto to join the Roundtable as a member is being brought forth for consideration. Due to the ongoing noise impacts and recent FAA initiative to address noise issues in the Bay Area, it was felt appropriate to reintroduce the item for discussion and possibly amending the Roundtable’s documents to allow membership to occur. BACKGROUND Up until the spring of 1997, the Roundtable had been limited to the original nine cities since the establishment of the Roundtable in 1981- Brisbane, Daly City, South San Francisco, San Bruno, Pacifica, Millbrae, Burlingame, Hillsborough and Foster City. Due to a growing number of complaints in the southern San Mateo County communities in the mid-1990s, cities within that region became more active in participating on the Roundtable, and actively request membership. Beginning in December 1995, the Roundtable started granting provisional non- voting membership to cities in the south county. The cities of Palo Alto and Los Altos in Santa Clara County at this time expressed interest in also becoming voting members. In April 1997, the Roundtable amended the Memorandum of Understanding (MOU) to allow any city within San Mateo County membership, with no provisions to offer membership to other counties or any cities located in other counties. At that time, the cities of Atherton, Belmont, Half Moon Bay, Menlo Park, Portola Valley, Redwood City, San Mateo, and Woodside formally requested voting membership as a result of the adopted amendment to the MOU. In September 1997, the City of Palo Alto requested voting membership on the Roundtable. At the January 7, 1998 Regular Meeting, the Roundtable considered the request, but did not take a vote to grant the City of Palo Alto voting membership, which required an amendment to the MOU to allow it. The Roundtable felt it was more appropriate to discuss aircraft noise issues beyond San Mateo County in regional forum, such as the Association of Bay Area Government’s (ABAG) Regional Airport Planning Committee (RAPC). At the Roundtable’s regular meeting on October 1, 2014, the Roundtable considered another request from the City of Palo Alto to join the Roundtable. The membership voted not to grant membership, but to adopt recommendations provided by a subcommittee that encouraged ongoing participation at Roundtable meetings, participate at a regional level with RAPC, and assist the City of Palo Alto and County of Santa Clara to create a Roundtable organization in Santa Clara County. AMENDMENT PROCEDURE 1. Approval by the Roundtable Members In order to include the City of Palo Alto’s request, the Roundtable must amend language in both the MOU and Bylaws to add a non-San Mateo County city. Per Article V of the Roundtable’s MOU, a motion to include the City of Palo Alto must be made by a Roundtable member, seconded, and approved by at least two-thirds of the current 23 voting membership seats (15 affirmative votes), which also include vacant seated members. If less than two- thirds of the Roundtable member are present and/or approve in the affirmative, the proposal fails. The language in the MOU and Bylaws to consider could include the following (changes in bold): MOU page 7, Article III, Section 4 edits: “Additional Voting Membership – Other incorporated towns and/or cities located within San Mateo County, and the City of Palo Alto, may request voting membership on the San Francisco International Airport/Community Roundtable by adopting a resolution” Bylaws page 5, Article III, Section 9 edits: “Any city or town in San Mateo County, and the City of Palo Alto, that is not a member of the Roundtable may request membership on the Roundtable in accordance with the membership procedure contained in the most current version of the MOU.” 2. Approval by Current Member Cities Once approved by the Roundtable members, the proposed MOU amendment must be considered and approved by at least two-thirds of the respective councils/boards of the Roundtable member agencies/bodies by a majority vote of each of those bodies. If at least two-thirds of the current 23 member agencies/bodies approve (15 affirmative) the proposed amendment, the amendment becomes effective. If less than two-thirds of the member agencies/bodies approve the proposed MOU amendment, the proposal fails. City of Palo Alto (ID # 6495) City Council Staff Report Report Type: Action Items Meeting Date: 2/8/2016 City of Palo Alto Page 1 Summary Title: Community Services Element Title: Review and Discussion Regarding the Draft Community Services & Facilities Element Recommended by the Comprehensive Plan Update Citizens Advisory Commission (CAC) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council review the Draft Community Services & Facilities Element recommended by the Citizens Advisory Committee (CAC) for the Comprehensive Plan Update, and provide staff with comments to inform a revised version for consideration in the context of a completed draft of the Comprehensive Plan Update. Executive Summary The draft Community Services & Facilities Element is the first of six elements that the CAC will recommended for consideration by the City Council over the course of this year. This element is the product of hundreds of hours of work by the full CAC, a subcommittee of the CAC, staff, and consultants, and was based on the City Council’s direction regarding vision and goals, as well as input from the Planning and Transportation Commission (PTC) and the public. The City Council’s initial review and comments will inform preparation of a revised version that will be considered further in the context of a completed draft of the Comprehensive Plan Update. Background Since as early as 2008, the City began its process to update the existing Comprehensive Plan. The Planning and Transportation Commission (PTC) provided their recommendation to the City Council in 2014, and subsequently adopted a broad outreach plan to re-integrate community involvement in the process. Following a successful set of community meetings that culminated in the May 2015 “Summit”, the City Council created a Citizens Advisory Committee (CAC) to inform the Comprehensive Plan City of Palo Alto Page 2 update and serve as a bridge between high-level Council guidance on the goals and vision statements for each element and residents comments and suggestions. The CAC first met in July of 2015 and has held six meetings and four subcommittee meetings since. The first element reviewed by the CAC was the Community Services & Facilities Element, in August 2015. Council provided their feedback on the goals and vision statement that month, and the CAC created a subcommittee to review the CAC’s work and incorporate staff and other community feedback in October. A draft element was reviewed by the CAC in November, and referred back to the subcommittee in December. Discussion Per Council direction, the draft element retains much of the character and structure of the existing document. No new goals have been added, although Goal 3 is an amalgamation of the existing Goal 3 and the PTC’s work on this goal, and Goals 4 and 5 are based on the PTC’s suggestions. Where possible and appropriate, the CAC and staff attempted to better align the policies and programs using a simple construction – policies are intended to be high-level and ongoing approaches to achieving the goal they are grouped under, while programs are intended to have a beginning, middle, and end, and can be deleted when the program is completed. Themes Incorporated into the Draft The CAC embraced a suite of themes that they believed should be reflected in the draft element. These themes are a mix of new concepts not in the previous element; responses to new trends or issue; and/or attempts to better reorganize concepts. These themes are evident throughout the draft element. Staff identified these themes as the following: 1. Inclusion Early in the discussions at the CAC was recognition that the existing element does not satisfactorily incorporate the need to include all of the City’s residents into the varied collection of community services provided. Not only did the CAC feel as though that at times the existing element did not use the right terminology to describe the City’s diverse population, but that the element needed to better describe how residents could be included and be made aware of the services available. Examples of how inclusion is incorporated into the draft element include: A policy that focuses on promoting inclusiveness, tolerance and acceptance of others through teen programs and activities is included. To ensure inclusiveness among groups of varying ages, ethnicities, genders, socioeconomic groups, and physical and mental abilities; policies and programs are incorporated that promote greater community participation by identifying strategies to remove barriers to participation such as reducing language and cultural barriers. 2. Participation in civic life – The concept of participation in civic life was also recognized early by CAC members as missing from the existing element. The CAC believed that City of Palo Alto Page 3 simply having and publicizing the city’s community services was not enough; instead, it was important to cultivate the notion that by taking advantage of the services available residents were participating in the public sphere and that should be celebrated. Examples of how participation in civic life is incorporated into the draft element include: a policy that encourages public participation in civic life, and a program that establishes a way to inform new residents and business of opportunities to become involved in civic life. 3. Vitality of Palo Alto – A unifying idea for most CAC members is that Palo Alto has such a rich collection of community services (libraries, arts, culture, parks, etc.) that the City is a more dynamic and vibrant place. “Vitality” is the term agreed upon to describe this mix. 4. Better connection to schools and school-age children’s needs – A Comprehensive Plan is the guiding document specific to the municipality that creates it. Because schools and other self-governing entities fall outside the scope of comprehensive plans (they are not guided by them and have their own principal documents), schools are only indirectly referenced. However, there are many opportunities to discuss the desired relationship between the City and the Palo Alto Unified School District (PAUSD), and CAC members provided language and feedback to strengthen the connection between the two entities. Examples of how the City and PAUSD connection is incorporated into the draft element include: Several policies and programs are included that highlight the importance of a City and PAUSD partnership to improve access, maximize the use of school facilities and programs, coordinate mutual interests, and avoid duplication of programs. References to pre-K children have also been included. 5. Services for teens – CAC members, as is the Palo Alto community at large, expressed their desire to expand the current set of services available to teens. Palo Alto’s tragic recent history played a key role in the CAC’s work related to better connecting Palo Alto’s teens and the services available to them from the City. Examples of how services for teens is incorporated into the draft element include: polices that focus on funding and promotion of programs and activities specifically for teens that strengthen leadership skills, and encourage a culture built on community service, inclusiveness, tolerance, and acceptance, including a policy to identify places in the community specifically for teens. 6. Emphasis on the diversity of citywide programming – As articulated by CAC members and in particular members of the subcommittee, the existing element does not adequately describe the myriad community services available and their richness in quality and quantity. Examples of how citywide programming diversity is incorporated into the draft element include: Special attention was paid to expanding the library City of Palo Alto Page 4 section of the narrative, and adding new language related to the arts and culture opportunities in the City. Several policies also recognize the need for programs that satisfy the diverse range of interests of youth and teens. 7. Redefinition of “customer service” – Both the City Council and CAC members expressed concern that the existing element did not define the concept of “customer service” properly and that the policies and programs under Goal Two did not sufficiently express the strong relationship between residents and City staff. For many members of the CAC, the term “customer service” expressed an association with service provided during a retail or commercial exchange. Members believed that the service provided by City staff is a “higher level” of service, and that its nomenclature should reflect this difference. It was difficult for members to agree upon a term that best expressed this difference, but most were comfortable with “public service” or “service to the public” to communicate the concept. Examples of how issues around customer service are incorporated into the draft element include: removal of the term “customer” throughout the element to focus on providing a higher level of service to the community through staff training and performance reviews. Programs include periodically evaluating City service delivery and developing continuously improvement strategies. 8. Increased and stronger connection to metrics to measure success – As currently written, the existing element does not widely incorporate metrics to measure success of programs. CAC members wanted more and better metrics to be included to ensure that there would be quantifiable ways to measure programmatic achievement. Metrics were discussed to measure the success in city service, in the provision of the service, and how well staff was doing. In those places where no metrics exist or none could be agreed upon, programs directing staff to create such metrics were included. Examples of how metrics are incorporated into the draft element include: use of metrics to measure service delivery performance of City departments. 9. Recognition of upcoming Parks Master Plan – The Community Services Department’s (CSD) Director and staff played a key role in informing the CAC during their deliberations on the draft element, and are the key department to be affected and required to implement the language in this part of the Comprehensive Plan. CSD is currently in the final stages of drafting a draft Parks, Trails, Open Space and Recreation Master Plan for review by the City Council in Fall 2016. The Master Plan will have a much greater level of detail than the high-level goals, policies, and programming that this (or any) Comprehensive Plan typically has. Additionally, fundamental concepts around the appropriate amount of parkland per resident, among others, will be City of Palo Alto Page 5 addressed in the Plan, and as such, the draft element contains references to the Plan where information is not yet available. Examples of how the Parks Master Plan is incorporated into the draft element include: reference to and reliance upon the Master Plan document with respect to maintenance, enhancement, and development of community facilities and open spaces. Timeline As stated previously, the Community Services Element is the first of six elements to be reviewed by the City Council after their development and recommendation by the CAC this year. Once all elements are recommended and reviewed by the City Council, they will be incorporated into a complete draft of the Comprehensive Plan Update for additional review and consideration by the City Council. Staff anticipates that the CAC will assist staff to better connect the document together as a whole, review final narrative language, and “tie up” any remaining issues as the complete draft is assembled towards the end of this year. In addition to the six elements being developed and recommended by the CAC this year (Community Services and Facilities, Transportation, Land Use & Community Design, Natural Resources, Safety, and Business & Economics), the complete draft will contain an implementation chapter prioritizing the implementation actions from each of the elements, and a governance chapter or users guide explaining how decisions are made in Palo Alto and how the Comprehensive Plan is used to inform those decisions. City Council review and guidance will be necessary as these final chapters are developed. Resource Impact General plan updates are significant undertakings for any jurisdiction and since 2008, the City of Palo Alto has invested time and resources in the project. The need to allocate multiple members of City staff, significant time on the City Council’s agenda, and financial resources for consultant assistance and event/meeting programming will continue until the adoption of the updated Comprehensive Plan and its companion environmental document. Some new programs within the draft element will require additional or redirected resources. The Community Services Department has been reviewing the draft element and working with the CAC since its earliest meetings, and is aware of this potential. Environmental Review A Draft Enivornmental Impact Report (DEIR) is being prepared. A Final EIR incorporating the DEIR, substantive comments on the DEIR as well as written responses to those comments, and needed changes to the text and analysis of the DEIR will be proposed for adoption concurrent with the Comprehensive Plan Update. Attachments:  Attachment A: Draft Community Services & Facilities Element (PDF) COMMUNITY SERVICES AND FACILITIES PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-1 6 This preliminary draft element was prepared by City staff on the basis of input from the CAC and members of the public received in August 2015. The element was reviewed by the full CAC on November 17, 2015 and referred back to the CSF Subcommittee. That refined product will be presented to Palo Alto City Council in February 2016. INTRODUCTION Palo Alto provides a diverse array of community services and facilities for those who live, work, and go to school in the city. Community services and facilities play a vital role in fostering public health and enriching the social life of the community. A nationally recognized leader in delivery of public services, the City of Palo Alto is committed to providing high quality, responsive service for its residents and businesses. The City of Palo Alto is also committed to a leadership role within the Mid-Peninsula and greater Bay Area region, promoting efficient service delivery and addressing shared community service needs that cross jurisdictional lines. The Community Services and Facilities Element is not explicitly required by State law; however, the topics addressed here are all key components of the high quality of life that Palo Alto offers. This Element describes the range of community services, programs, and facilities currently provided in Palo Alto, and outlines City policy intended to maintain and enhance these services and facilities to suit the needs of the city's diverse population now and in the future. VISION: Palo Alto will provide high quality community services to its residents, businesses, and visitors. Its schools, libraries, parks, community facilities, and arts and cultural centers are treasured and will be enhanced to serve current and future generations. Its police and fire services will be managed to provide consistently high levels of public safety. The City will continue to provide services and programs that meet the needs of special populations—including children, seniors, and people with disabilities—as well as programs in recreation, lifelong learning, and the arts that benefit all populations. Palo Alto’s success in providing these services will be expressed and measured by the satisfaction of the public at large. The City will pursue new ways to deliver community services in the most efficient and cost-effective way possible. It will coordinate its efforts with other public agencies, nonprofits, and the private sector to reduce overlap and maximize the use of resources. ATTACHMENT A PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-2 PRELIMINARY DRAFT – FEBRUARY 1, 2016 CONNECTIONS TO OTHER ELEMENTS Different aspects of the topics addressed in this Element are echoed in other Elements of the Comprehensive Plan. For example, police and fire prevention services are addressed in the Safety and Noise Element, while solid waste collection and disposal services—and the potential associated environmental impacts—are addressed in the Natural Environment Element. The Housing and Transportation Elements also have strong connections to this element, as the appropriate placement for various populations of Palo Alto residents near the amenities listed in the element, as well as their ability to travel to and from such amenities is critical. While parks, recreational, and cultural facilities are a central focus of the Community Services Element, the protection and preservation of natural open spaces is a key concern of the Natural Environment Element. The theme of partnering with other organizations in the community and collaborating with regional initiatives to provide services to Palo Alto residents is also an important feature of the Governance Element. EXISTING COMMUNITY SERVICES AND FACILITIES PARKS, RECREATION, AND CULTURAL AMENITIES With approximately 4,150 acres of parkland and open space within the City limits, Palo Alto provides more parkland than most other communities in the San Francisco Bay Area. The City also operates three community centers, an aquatics center, three theatres, two museums, plus a robust public art program, artist studio program, art classes and space, galleries, and maker space program. The City also offers a wide variety of classes, programs, and special events for people of all ages and abilities. Table C-1 lists parks, recreation, and cultural facilities in Palo Alto, providing a brief description of amenities available at each location. Map C-1 shows the location of parks and recreational facilities. In addition, Palo Alto Unified School District (PAUSD) schools and Stanford University all have parks, recreational and cultural facilities in or Cogswell Plaza Scott Park Johnson Park Bol Park Eleanor Pardee Park Terman Park Briones Park Boulware Park Mitchell Park Bowling Green Park Seale Park Wallis Park Peers Park Bowden Park Monroe Park Robles Park Ramos Park Weisshaar Park Werry Park Mayfield Park Cameron Park Greer Park El Camino Park Baylands Athletic Center Foothills Park Esther Clark Park Heritage Park Hoover Park Hopkins Creekside Rinconada Park El Palo Alto Park §¨¦280 |ÿ82 £¤101 Foothill Expressway Mountain View East Palo Alto Stanford Los Altos Hills Menlo Park S A N F R A N C I S C O B A Y Middlefield Road Los Altos Arastradero Preserve Baylands Preserve Byxbee Park ·«1 ·«2 ·«3 ·«4 ·«5 ·«6 ·«7 ·«8 ·«9 ·«10 ·«11 ·«12 ·«13 ·«14 ·«15 Alma Street El Ca min o Real Oregon Expressway Em ba r c ad e ro Ro ad East Charleston Road Louis RoadWaverly Street Seale Avenue L o m a V erd e Aven u e Channing Avenue East M e a d o w Driv e San Antonio Road C olora d o A ve n ue Willo w Road Lincoln Avenue Hamilton Avenue West Charleston Road University Avenue Source: Palo Alto Unified School District, 2012; PlaceWorks, 2015. P RE L IM I NAR Y D RA F T M A P C-1 P A R K S , R E C R E A T I O N A L F A C I L I T I E S A N D O P E N S P A C E P A L O A L T O C O M P R E H E N S I V E P L A NCOMMUNITY S E R V I C E S & F A C I L I T I E S E L E M E N T 0 0.25 0.5 Miles Arastradero Preserve Foothills Park Los Trancos Open Space Preserve Monte Bello Open Space Preserve S A N F R A N C I S C O B A Y ! ! ! ! ! ! Baylands Preserve Byxbee Park 1 Stanford-Palo Alto Playing Fields 2 Art Center 3 Baylands Interpretive Center 4 Children's Library 5 Children's Theater Cubberley Community Theater Junior Museum and Zoo Lucie Stern Community Center Rinconada Pool 6 College Terrace Branch Library 7 Cubberley Community Center 8 Downtown Branch Library 9 Golf Course 10 Gunn H.S. Pool 11 Main Library 12 Mitchell Park Branch Library 13 Mitchell Park Community Center 14 Senior Center of Palo Alto 15 Skateboard Park at Greer Park Railroads Park/Open Space Recreational Facilities City Limit ·«# Recreational Facilities PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-4 PRELIMINARY DRAFT – FEBRUARY 1, 2016 PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-5 TABLE C-1 PALO ALTO PARKS AND RECREATION FACILITIES Park or Facility Acres Amenities Mini Parks Bowden Park 2 Open turf area, children’s playground, benches, picnic tables, and public art Bowling Green Park 2 Lawn bowling area, clubhouse, open turf area Boulware Park 1.5 Open turf area, children’s playground, picnic tables, benches, basketball court Cameron Park 1.1 Open turf area, children’s playground, benches, and picnic tables Cogswell Plaza .5 Open turf area, seating area, and benches. During the summer months there are free concerts held at noon on Thursdays El Palo Alto Park 0.5 Paved bike path used for walking and biking, and the site of El Palo Alto Mayfield Park 1.1 Open turf area, picnic tables, and benches Monroe Park 0.55 Open turf area, children’s playground, benches, and a paved pathway Scott Park 0.4 Open turf area, basketball court, children’s playground, bocce court, and benches Weisshaar Park 1.1 Open turf area, two tennis courts, benches, and picnic tables Werry Park 1.1 Open turf area, children’s playground, and picnic tables Wallis Park 0.3 Benches and public art Neighborhood Parks Baylands Athletic Center 6 One softball diamond, one baseball field with a 500-seat grandstand, snack facility, restrooms, benches, picnic tables, and a parking lot Bol Park 13.8 Open turf areas, lighted bicycle/pedestrian paved path, and a children’s playground Briones Park 4.1 Open turf area, children’s playground, basketball court, picnic tables, and benches Byxbee Park 126.7 Trails, park benches, interpretive signs, restrooms, and a parking lot Eleanor Pardee Park 9.6 Open turf area, two children’s playgrounds, paved path, picnic tables, community garden, multi- purpose concrete bowl, and a September 11 memorial grove El Camino Park 12.2 Open turf area, artificial turf soccer/lacrosse field with bleachers and lights, natural grass softball field with bleachers and lights, restroom, parking lot, paved bike path, decomposed granite walking path, picnic tables, and benches Greer Park 22 Five soccer fields, three softball fields, one little league diamond, two basketball courts, small dog run, skateboard bowl, and a children’s playground Heritage Park 2.01 Open turf area, children’s playground, picnic tables, benches, and walking path Hoover Park 4.2 Open turf area, children’s playground, two tennis courts, two handball courts, tennis backboard, softball field, and a dog run Hopkins Creekside 12.4 Two open turf areas, benches, and picnic tables Johnson Park 2.5 Children’s playground, basketball half court, picnic tables, sand volleyball pit, and community garden Mitchell Park 21.4 Open turf areas, shuffleboard courts, checkerboard/chess tables, seven tennis courts, two paddle and four handball courts, jogging trails, group picnic areas with barbecues, four children’s playgrounds, two restrooms, dog park, parking lot, public art, multi-purpose bowl, horseshoe pits, Magical Bridge Playground Peers Park 4.7 Open turf area, children’s playground, two tennis courts, picnic tables, benches, basketball court, field house, and restroom Ramos Park 4.4 Open turf area, walking path, children’s playground, picnic tables, basketball court, benches, and a multi-purpose bowl Rinconada Park 19 Open turf areas, community swimming pool, picnic areas, nine tennis courts (six with lights), two shuffleboard courts, playground, paved walking paths, restroom, multi-purpose bowl, redwood grove, community garden PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-6 PRELIMINARY DRAFT – FEBRUARY 1, 2016 TABLE C-1 PALO ALTO PARKS AND RECREATION FACILITIES Park or Facility Acres Amenities Robles Park 4.7 Open turf area, pathway, children’s playground, multi-purpose bowl, benches, picnic tables with barbecues, and a softball backstop. Seale Park 4.3 Open turf area, children’s playground, multi-purpose bowl with basketball hoop, picnic tables, and benches Terman Park 7.7 Open turf area, four tennis courts, one basketball court, two soccer fields, one softball field, and a walk/bike path Cultural Children's Theater N/A Offering over 170 performances a year by children for children Cubberley Comm. Theater N/A 317-seat venue with modern technical facilities, suitable for dance performances, orchestra or music concerts, corporate or cultural presentations, film screenings and lectures provides year round performances of high quality operas, plays and musicals by the West Bay Opera, TheatreWorks and Palo Alto Players Art Center N/A Regional visual art center offers art classes and has exhibition program that focuses on recognizing the art of the San Francisco Bay Area Junior Museum and Zoo N/A Children’s science education center with year-round after-school science programs, interactive science exhibits and zoo featuring 50 exotic and native animals Avenidas Senior Center of Palo Alto N/A Classes, lectures, trips, tours and special events Recreation Cubberley Comm. Center N/A Space for community meetings, social events, dances, theater performances, music rehearsals and athletic events Golf Course N/A 18-hole championship length course, lighted driving range, restaurant, and practice putting green area Gunn H.S. Pool N/A Lap swim Lucie Stern Community Center N/A Rooms are available for rent for meetings, weddings, receptions, and parties. Community Theater provides year-round performances, operas, plays, and musicals by the West Bay Opera, TheatreWorks, and Palo Alto Players. Mitchell Park Community Center N/A Dedicated Teen Center, meeting rooms for retreats, events, meetings and classes Rinconada Pool N/A Aquatic programs including lap swim, recreational swim and swim lessons for every age and interest; dressing rooms and showers Skateboard Park at Greer Park N/A Concrete bowl Stanford-Palo Alto Playing Fields N/A Two regulation-size soccer/rugby fields, restrooms, snack facility, benches and small picnic tables Open Space Baylands Preserve 1,940 Lucy Evans Baylands Nature Interpretive Center, wildlife observation platforms and benches, trails, duck pond, native plant nursery, Eco-Center, and sailing station boardwalk Esther Clark Nature Preserve 21.7 Undeveloped nature reserve of grasslands and oaks Foothills Park 1,400 Hiking trails, fishing and boating lake, camping facilities, Nature Interpretive Center, picnic area Pearson-Arastradero Preserve 622 Trails, fishing, parking lot, and Nature Center PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-7 adjacent to Palo Alto. The City and PAUSD have a long-standing cooperative agreement that provides community access to PAUSD playing fields at all elementary and middle schools when PAUSD does not need use of the fields. Palo Alto’s parks, community centers, and cultural amenities are an important part of what makes the City a desirable place to live. The City is committed to the continued investment in, and proactive stewardship of, its infrastructure and public facilities, as resources are available and in consideration of the costly effects of delayed maintenance. This commitment requires a strong emphasis on maintenance, rehabilitation, and modernization. Retrofitting and renovating existing facilities is important to ensure that community facilities remain relevant and accessible. In addition, the City is committed to providing new facilities in areas that are under- served, and in areas where change is expected in the future. The principle of equal access and inclusivity for all members of the Palo Alto community is an integral part of this commitment. Equal access is based on the location of facilities, their design, and the availability of transportation to reach them. New parks, plazas, community facilities, and cultural amenities will help the City achieve the goal of “walkable” residential neighborhoods and sustain its position as a model for public service delivery. New facilities should be designed to allow for changing community needs and demographics. Flexibility is essential, both in the initial layout of the space and in its on-going use. The City will also adapt existing facilities to ensure their accessibility and inclusivity to all persons, and will improve bicycle, pedestrian, and transit provisions to reduce reliance on the automobile. LIBRARIES The Palo Alto City Library operates five branches that cater to the needs of a wide range of users, from preschool-aged children to teens, adults, and senior citizens. Collections include adult and children’s fiction and non-fiction books, reference material, magazines, newspapers, local community archives, DVDs, and CDs. Branches offer lending materials and a host of additional services, including free wireless internet access, public internet computers, laptops for loan, and a meeting room. Robust programs include story times, teen programs, book and author introductions and non-profit shared events. Table C-2 shows the locations of the branches and a description of the facilities and services they provide. PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-8 PRELIMINARY DRAFT – FEBRUARY 1, 2016 TABLE C-2 PALO ALTO LIBRARIES Library Name Location Square Footage Facilities Services Year Constructed Year Renovated Mitchell Park Branch 3700 Middlefield Road 41,000 Conference room, five meeting/ study rooms, kiosks, public internet terminals, reference materials, magazines and newspapers, DVDs and CDs, Books-on-CD Wireless internet access, laptops for loan 1958 2013 Rinconada Library 1213 Newell Road 30,313 Conference room, two meeting rooms, public internet terminals, archives, public internet terminals, historic collections, and research Wireless internet access, laptops for loan 1958 2014 Downtown Branch 270 Forest Avenue 8,774 Children reading space, meeting room, collection of CDs, DVDs, magazines, newspapers Wireless internet access, laptops for loan 1971 2011 Children’s Library 1276 Harriet Street 6,043 Public internet access, public reading space, internet stations, media collections, children’s magazines, a preschool computer Wireless internet access, laptops for loan 1940 College Terrace Branch 2300 Wellesley Avenue 2,392 Remote access and delivery, DVD collection Young children story time, wireless access, laptops for loan 1936 2009 Library E-Branch Online n/a Conference room, five meeting/study rooms, kiosks, public internet terminals, n/a 1936 2009 The Palo Alto City Library has embraced technology to enhance the delivery of services to the community. The Library website functions as a virtual branch, offering online reference materials, online registration for library cards; downloadable e- books, audio books, films, music, and museum passes; online training and practice tests; and other electronic resources for all ages. Additionally, all branches offer well- used self-service check out kiosks. All five library branches were renovated between 2006 and 2015 to meet the diverse and varied needs of the community. Renovation and expansion of the Mitchell Park Library was completed in 2014 and the facility and is now the largest branch, with state-of-the-art equipment and a collection of over 140,000 items, including books in various languages. Major renovations on the Main Library were also completed in 2014, and the branch re-opened with a new name—Rinconada Library. The remodeled branch now houses a new program room, group study rooms and new PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-9 public restrooms. The City Library also completed extensive renovations of the Downtown Branch in 2011 and a seismic retrofit and upgrade of the Collage Terrace Branch in 2009, as well as a major expansion of the Children's Library. The City Library receives funding from a $76 million general obligation bond passed in 2008. Library revenues are supplemented through the fund-raising activities of Friends of the Palo Alto Public Library (FOPAL), an active member-supported non- profit organization dedicated to supporting the Palo Alto Public Library and its users through volunteerism, book sales, and advocacy. The Palo Alto Library Foundation played an important role in raising funds for a modern, dynamic library system to serve the needs of Palo Alto; however, its mission was deemed complete with the re- opening of Rinconada Library and the Foundation ceased operating on June 30, 2015. ARTS AND CULTURE The rich cultural offering in Palo Alto contributes to the high quality of life in the community. Collectively, public, private, and non-profit groups provide a diverse and expansive arts and cultural experience, with venues for an array of activities that cater to children, adults, seniors, and families. City-operated venues, including the Palo Alto Arts Center and the Lucie Stern and Cubberley Community Centers, host exhibitions, music and dance classes, concerts, school performances, and theatre productions, as well as classes and educational programming for people of all ages. Through the Cubberley Artist Studio Program (CASP), the City sponsors affordable studio space for artists, and the Junior Museum and Zoo offers science and nature programming. The City also supports a Public Art Program and a Public Art Commission. HUMAN SERVICES The Palo Alto Office of Human Services provides a safety net of services to the community, working to enhance the quality of life in Palo Alto through the delivery of services for children, youth, teens, seniors, people with disabilities, and the unhoused. The Office of Human Services also administers a grant program to support community organizations that deliver human services to Palo Alto residents. According to the State Department of Finance, between 2015 and 2030 the proportion of seniors in Santa Clara County is projected to grow significantly, and the percentage of Palo Altans under the age of 18 will grow slightly. In recognition of this PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-10 PRELIMINARY DRAFT – FEBRUARY 1, 2016 trend, it is essential to develop long-term and short-term strategies to deliver the comprehensive package of services needed by these groups. At the same time, human services for all groups are constrained by limited resources. Coordination among the many agencies and organizations serving these populations is therefore critical to stretch these resources as far as possible. SERVICES FOR CHILDREN The Office of Human Services contracts for after-school care at each of Palo Alto's 12 elementary schools and maintains a register of licensed child care facilities in the city that serves as a resource for residents. The City also provides child care subsidy assistance for income-eligible residents administered through Palo Alto Community Child Care (PACCC), a private group that operates several center-based facilities in Palo Alto. This subsidy can be used at PACCC-run facilities or at other child care centers. The City has an Early Care and Education Committee that advises the City Manager on child care issues. Additionally, the Office of Human Services acts as a clearinghouse of information on how to open a child care facility in Palo Alto. YOUTH AND TEEN SERVICES The City of Palo Alto prioritizes the development of healthy youth and teens by fostering a culture of peer-to-peer support and developmental asset building. The Office of Human Services offers a wide range of services, programs and facilities for youth and teens, and partners with schools and community organizations to provide access to a broader range of educational and recreational activities available in Palo Alto. Expanding access to programs and services that meet the diverse range of interests and vocations among youth and teens is essential to their development. The City of Palo Alto supports teen leadership groups such as the Teen Arts Council, Recreation Teen Advisory Board, and Palo Alto Youth Council and operates The Drop—an afterschool teen center program at Mitchell Park Community Center. The City also continues to support programs for youth and teens that address developmental disabilities and teen mental health by partnering with nonprofit and government agencies that implement community-based mental health support, including education, suicide prevention, and intervention strategies. SENIOR SERVICES Palo Alto has, and is projected to continue to have, a higher percentage of persons over 60 years of age than almost any other city in Santa Clara County, and therefore, has a greater demand for senior services than neighboring communities. The City’s Human Relations Commission acts on behalf of any person or group that does not PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-11 benefit fully from public or private resource in the community, including expanding resources to meet the needs of seniors. The City’s Community Services Department offers a comprehensive array of services in coordination with community service providers including Avenidas, a nonprofit organization that offers a comprehensive range of services for the independent living, education, and enrichment of people age fifty and over. Avenidas’ Palo Alto Senior Center provides a central facility for the delivery of these services, as well as a social center for seniors. The City also encourages social activities that engage the senior population at its existing community facilities, including parks. SERVICES FOR PEOPLE WITH DIFFERENT ABILITIES The City of Palo Alto supports services for persons with physical and developmental disabilities through the Human Relations Commission, Parks and Recreation Division, and City Departments including Community Services. The City also helps connect people with disabilities to specialized service providers located in the community. Additional activities for disabled persons supported by the City include The Omega Club for special needs adults 21 and over; Summer’s Excellent Adventures Camp, a summer camp for special needs children ages 5 to 13 years old; and the Santa Clara County Special Olympics. The City’s Americans with Disabilities Act (ADA) coordinator is the Chief Building Official in the Department of Planning and Community Environment. The primary challenge for the City in the area of providing services to disabled persons is the implementation of the Compliance Plan required by the ADA. This plan identifies all of the public access projects necessary for the City to comply with the ADA. SERVICES FOR THE UNHOUSED Despite significant efforts on the part of public agencies and non-profit organizations, homelessness remains a continuing problem in all parts of Silicon Valley. Each year, thousands of residents experience an episode of homelessness, including families with children, adults employed in lower wage jobs, developmentally disabled people, youth, teens, victims of domestic violence, and veterans. The transient nature of the homelessness makes tracking the unhoused population difficult; however, as many communities in Santa Clara and San Mateo Counties share boundaries, the issue of homelessness is best approached on a regional basis in coordination with other local jurisdictions and non-profit organizations. PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-12 PRELIMINARY DRAFT – FEBRUARY 1, 2016 In Palo Alto, services to the unhoused community are provided primarily by non- profit groups. InnVision Shelter Network operates the Palo Alto Opportunity Service Center, providing supportive services, counseling, job labor referral, transportation vouchers, and shower passes to unhoused people. The Center also coordinates the provision of groceries for needy individuals through the Food Closet located at All Saints Episcopal Church in downtown Palo Alto, and operates the "Hotel de Zink" emergency shelter out of twelve local churches, using a different church each month of the year. Heart and Home Collaborative, a nonprofit corporation operated by a group of Stanford students together with unhoused and formerly unhoused individuals, operates a seasonal shelter for women in Palo Alto. The City of Palo Alto works to address homelessness by supporting the provision of services and shelters in the community. The City administers Community Development Block Grant funding from the U.S. Department of Housing and Urban Services, and has financed the development of different homeless facilities that serve the local unhoused population. COMMUNITY PARTNERSHIPS Delivering high quality City services with finite fiscal resources requires efficiency and coordination, along with recognition of changing community needs. Demand for services like child and senior care, education, and recreation continue to grow and change. Technology has revolutionized the way many services are provided, but has also added a new level of complexity. At the same time, the service delivery system itself has changed. Services that were once exclusively provided by the City may now be provided by another public entity or by a nonprofit agency or private company. The result of this trend has been a growing emphasis on partnership and coordination. The only way to achieve maximum efficiency in City service delivery is to collaborate with other jurisdictions, avoid duplication of efforts, build coalitions with the Palo Alto Unified School District (PAUSD), and enlist the assistance of businesses and volunteers to supplement City resources. The City has capacity to provide a multitude of community services because of strong partnerships with more than 50 local nonprofits and the support of active nonprofit arms including the Palo Alto Art Center Foundation, Friends of the Junior Museum and Zoo, Friends of the Palo Alto Children’s Theatre, Friends of the Parks, the Palo Alto Recreation Foundation, and Friends of Foothills Park. PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-13 SCHOOLS Public schools in Palo Alto are run by the Palo Alto Unified School District (PAUSD), an independent special-purpose local government institution separate from the City of Palo Alto. PAUSD serves students from the City of Palo Alto, portions of Los Altos Hills and Portola Valley, and the Stanford University Campus. Residents of the Monroe Park neighborhood of Palo Alto attend schools in Los Altos. PAUSD operates twelve elementary schools (grades K-5), three middle schools (grades 6-8), and two high schools (grades 9-12). These schools are shown on Map C-2. Additionally, PAUSD serves special populations through a pre-school, Young Fives program, Adult School, and the Hospital School at Stanford’s Lucille Packard Children’s Hospital. The City and PAUSD rely on many partnerships, from the City/School Liaison Committee to the ECE, to foster and maintain high levels of information-sharing and coordination on key issues. These relationships form the basis of many policies and programs in this element. HEALTH AND WELL-BEING The City supports the health and well-being of its residents, workers, and visitors by increasing access to healthy food, parks and recreation, cultural programs, and by encouraging healthy workplaces. For example, the Community Services Department provides recreational activities, supports healthy eating by promoting farmers markets and healthy grocery stores, and fosters well-being through art, music, and social events. The City’s employee wellness program offers efficient service delivery by reducing health care costs and fostering a creative work environment. In addition, the City collaborates with community organizations to ensure that social services remain affordable for all community members. Supporting active participation in civic life is also important so that Palo Alto continues to be a leading example of open government dedicated to the physical and mental health and well-being of the public. PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-14 PRELIMINARY DRAFT – FEBRUARY 1, 2016 This page intentionally blank ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º §¨¦280 |ÿ82 £¤101 Foothill Expressway Mountain View East Palo Alto Stanford Los Altos Hills Menlo Park S A N F R A N C I S C O B A Y Middlefield Road Los Altos Arastradero Preserve Baylands Preserve Byxbee Park Alma Street El Ca mino Real Oregon Expressway E mb ar ca d e r o R o ad East Charleston Road Louis Road Waverly Street Seale Avenue Lo m a Verde Av enue Channing Avenue E a st M e a d o w D rive San Antonio Road C olora d o A v e n u e Willo w Road Lincoln Avenue Hamilton Avenue West Charleston Road University Avenue Greendell School Henry M. Gunn High Duveneck Elementary Palo Verde Elementary Terman Middle Palo Alto High Ohlone Elementary Hoover Elementary Addison Elementary Escondido Elementary Fairmeadow Elementary El Carmelo Elementary Walter Hays Elementary Barron Park Elementary Lucille Nixon Elementary Juana Briones Elementary David Starr Jordan Middle Jane Lathrop Stanford Middle Source: Palo Alto Unified School District, 2012; PlaceWorks, 2015. P RE L IM I NAR Y D RA F T M A P C-2 P A L O A L T O U N I F I E D S C H O O L D I S T R I C T S C H O O L S Railroads Park/Open Space ¹ºSchools City Limit P A L O A L T O C O M P R E H E N S I V E P L A NCOMMUNITY S E R V I C E S & F A C I L I T I E S E L E M E N T 0 0.25 0.5 Miles PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-16 PRELIMINARY DRAFT – FEBRUARY 1, 2016 PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-17 GOALS, POLICIES, AND PROGRAMS EFFICIENT AND EFFECTIVE SERVICE DELIVERY GOAL C-1 Deliver community services effectively and efficiently Policy C-1.1 Encourage public participation in civic life and neighborhood associations, and promote the suite of community services and facilities available to local residents and businesses in Palo Alto. [NEW POLICY] Program C1.1.1 Periodically review public information, outreach, and community relations activities to evaluate effectiveness. Program C1.1.2 Establish an online concierge to assist local residents and businesses with questions about City services and facilities. Program C1.1.3 Identify barriers to participation in City programming and facilities across gender, age, socioeconomic and ethnic groups, as well as mental and physical abilities, and adopt strategies to remove barriers to participation. [NEW PROGRAM] Program C1.1.4 Explore innovative ways to encourage residents to volunteer, take pride of ownership, and contribute to Palo Alto’s community services. [NEW POLICY] Program C1.1.5 Establish a program to inform residents and businesses, including new arrivals in Palo Alto, of opportunities to become involved in civic life, volunteer, and actively encourage broader participation. [NEW PROGRAM] Policy C-1.2 Reduce language and cultural barriers within our diverse community to encourage greater citizen participation and inclusiveness. [NEW POLICY] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-18 PRELIMINARY DRAFT – FEBRUARY 1, 2016 Program C1.2.1 Based on identified needs, continue to provide and expand the provision of multilingual literature, program information, and educational displays at public community facilities and parks (NEW PROGRAM). Program C1.2.2 Establish a cross-cultural outreach program to engage residents of all ages, cultural, social, and linguistic backgrounds in educational, recreational, and cultural activities offered throughout the City of Palo Alto. [NEW PROGRAM] Policy C-1.3 Collect and analyze changing demographics and data on the use of community services and facilities to streamline and improve delivery and provision of services and to meet the changing needs of our population. [NEW POLICY] Program C1.3.1 Develop and implement a plan to collect and analyze data on demographics, use of community service facilities, and needs of the community as related to parks, open spaces, recreation, arts, and culture. [NEW PROGRAM] Policy C-1.4 Promote City parks, open spaces, recreational facilities, classes and cultural activities for community members recognizing that these facilities and services build and strengthen community. [NEW POLICY} Program C1.4.1 Use Cubberley Community Center as a critical and vital part of the City’s service delivery system while also planning for its future. Policy C-1.5 Use metrics to measure service performance of City departments. [NEW POLICY] Policy C-1.6 Take a leadership role in addressing community service issues within the Mid-Peninsula region and the greater Bay Area to seek effective solutions to shared problems and community service needs including services such as police and fire protection, libraries, and recreation needs and to leverage available County, state, and federal resources. [Previously Policy C03] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-19 Policy C-1.7 Work with private, nonprofit, faith-based, and public community service organizations to ensure safe, non-discriminatory access to community services. [NEW POLICY] Policy C-1.8 Partner with Stanford University with the goal of enhancing the quality of life for both communities by increasing opportunities for shared use and by developing programs, facilities, and community services. [NEW POLICY] Policy C-1.9 Welcome and encourage business participation in the provision of community services. [Previously Policy C08] Program C1.9.1 Establish a program to facilitate continuing corporate support for community services through contributions of funds, time, materials, and expertise. [Previously Program C08] Policy C-1.10 Partner with property owners to facilitate public access to privately owned open spaces and facilities. [NEW POLICY] Policy C-1.11 Facilitate access to schools, parks, and community facilities by a variety of transportation modes. [Previously Policy C30] Program C1.11.1 Evaluate whether existing shuttle routes should be changed or a new shuttle route established, to facilitate safe access to parks, community facilities, and schools and maximize connecting to other transit services. [NEW PROGRAM] Policy C-1.12 Provide services for seniors at convenient locations that are accessible to public transit, parking, walking, or biking. [NEW POLICY – PTC Recommended Policy C-1.15] Policy C-1.13 Increase access to educational, recreational, and cultural services by continuing to provide financial assistance programs for residents with low-incomes and/or disabilities. [Previously Policy 31] Policy C-1.14 Recognize the importance of schools to the social and economic vitality of the City. [Previously Policy C05] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-20 PRELIMINARY DRAFT – FEBRUARY 1, 2016 Policy C-1.15 Maintain an effective, collaborative relationship with the PAUSD to maximize the use of school services and facilities for public benefit, particularly for children, youth, teens, seniors, and people with disabilities. [Previously Policy C04] Program C1.15.1 In cooperation with existing public and private businesses, non-profit organizations, and PAUSD, develop a service program that will coordinate the efforts of agencies providing services to families and youth in Palo Alto. [Previously Program C01] Program C1.15.2 Determine the potential for City shared use of PAUSD facilities for child care, libraries, recreational facilities, community meeting space, education, language education, health care, culture, and computer resources by reviewing best practices and specific needs and opportunities. [Previously Program C03] Program C1.15.3 Explore expanded opportunities with PAUSD to make school facilities more available to the community for weekend, summer, and evening use. [Previously Program C04] Policy C-1.16 Maximize use of the City/School liaison committee to promote collaboration between the City and PAUSD, initiatives, and other areas of mutual interest. [Previously Program C02] Policy C-1.17 Make it a high priority to assist PAUSD in anticipating and addressing land development-related school enrollment impacts. [Previously Policy C06] Program C1.17.1 Provide regular status reports to PAUSD and to the public on potential and approved development projects. [Previously Program C06] Policy C-1.18 Require an assessment of impacts to schools prior to the approval of development projects that require legislative acts, including general plan amendments and zoning changes. Report impact findings to PAUSD and to the community. [NEW POLICY] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-21 Policy C-1.19 Actively work with the PAUSD and private, nonprofit, faith-based, and public community service organizations to define roles, avoid duplication and to coordinate the delivery of services like child care, senior services, language education and recreation. [Previously Policy C07] Policy C-1.20 Continue strong support for and long-term commitment to school age child care programs on PAUSD sites. [Previously Policy C13] Program C1.20.1 Support and promote the provision of comprehensive child care services in Palo Alto by public and private providers, including employers. [Previously Policy C11] Program C1.20.2 Work with the Palo Alto Advisory Committee on Early Childhood Education to evaluate the feasibility of requiring child care impact assessments for proposed development projects. [Previously Program C14 - Not Applicable] Policy C-1.21 Coordinate delivery of child care services with other service providers, including the Palo Alto Unified School District (PAUSD), addressing the needs of infants, toddlers, and pre-kindergarten as well as school- aged children. [Previously Policy C12] Program C1.21.1 Establish standards for evaluating the impacts of new development on child care service needs and guiding the equitable delivery of child care services in Palo Alto. [Replaces Program C13] Program C1.21.2 Utilize the Early Care and Education Committee to connect providers and professionals working with families with young children, explore challenges and opportunities to programs and services for young children, and support early education programs in the community in their efforts to enhance quality. [NEW PROGRAM] Program C1.21.3 Collaborate with Palo Alto Community Child Care (PACCC) to identify, develop, and promote high quality early learning environments to serve all families in our community. [NEW PROGRAM] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-22 PRELIMINARY DRAFT – FEBRUARY 1, 2016 Program C1.21.4 Explore opportunities to provide access to childcare for families of City employees. [NEW PROGRAM] Program C1.21.5 Task the Early Care and Education Committee to Develop/Update the Child Care Master Plan. [NEW PROGRAM] Policy C-1.22 Support provision, funding, and promotion of services and programs for children, teens, and youth and support the teachers and staff who provide such services. [Previously Policy C17] Policy C-1.23 Periodically assess the need to increase the development of after- school and evening programs that provide a safe place to play and learn for children, youth and teens. Maximize participation in such programs by increasing the number of locations where the programs are provided and by supporting transportation options to these locations. [Previously Program C18] Program C1.23.1 Identify staff and financial resources to support arts, science, and recreation organizations that foster healthy children, youth, and teen development. [NEW PROGRAM] Policy C-1.24 Support provision, funding, and promotion of services, programs and activities for teens that strengthen leadership skills, encourage a culture of community service, inclusiveness, tolerance, and acceptance of others, and promote a diverse range of interests and vocations. [NEW POLICY – PTC Recommended Policy C.-1.11] Program C1.24.1 Identify funding sources for expanded outreach and increased involvement to support youth and teen leadership programs and events. [NEW PROGRAM] Program C1.24.2 Regularly conduct surveys of teens to evaluate the range of programs offered by the City and community partners to ensure a balanced offering representing the diverse interest of teens. [NEW PROGRAM] Program C1.24.3 Leverage available funding to pursue support of teen mental health programs [NEW PROGRAM] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-23 Policy C-1.25 Support the continuation and development of programs for children, youth, teens and adults that address developmental disabilities. [NEW POLICY] Program C1.25.1 Leverage available funding to pursue support for youth and adults with developmental disabilities. [NEW PROGRAM] Program C1.25.2 Improve access for persons with non-physical or sensory disabilities, including cognitive or social/emotional needs. Partner with agencies for support so that all children can participate as appropriate in Palo Alto recreational programs. Policy C-1.26 Support existing senior programs and seek opportunities to expand programs, including programs promoting health, life-long learning, recreation, arts, and cultural experiences designed for seniors at all public community facilities and parks. [NEW POLICY – PTC Recommended Program C1.14.2] Policy C-1.27 Support provision, funding, or promotion of services for persons with disabilities through the Human Relations Commission, the Parks and Recreation Division, the Arts and Sciences Division, and other City departments. Exceed requirements of with the Americans with Disabilities Act (ADA) when feasible. [Previously Policy C19] Policy C-1.28 Support and promote activities, events, and services that welcome and engage the senior population. [NEW POLICY – PTC Recommended Program C1.14.3] Program C1.28.1 Develop a program to engage the talents and skills that seniors possess that would provide volunteer opportunities throughout the City. [NEW PROGRAM – PTC Recommended Program C1.14.4] Program C1.28.2 Support, promote, and publicize the provision of comprehensive senior services in coordination with senior service providers. Comprehensive services include addressing senior nutrition, mental health and transportation. [Previously Policy C18] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-24 PRELIMINARY DRAFT – FEBRUARY 1, 2016 Program C1.28.3 Establish support programs for caregivers of seniors and people with disabilities by working with private, nonprofit, faith-based, and public community service organizations. [NEW PROGRAM] Program C1.28.4 Identify staff and financial resources to support institutions and initiatives that promote healthy aging, both at home and in care centers. [NEW PROGRAM] Policy C-1.29 Support and promote County, City, and non-profit services addressing the needs of the low income and unhoused community especially in the areas of temporary housing, food, clothing, health care, mental health, and transportation. [Previously Policy C20, with edits recommended by PTC] Program C1.29.1 Increase awareness about caring and compassion for the unhoused and those who suffer from mental and/or physical disorders through educational programming in partnership with community organizations. [NEW PROGRAM] Program C1.29.2 Work with Santa Clara and San Mateo Counties, non-profit agencies and other organizations to define roles and responsibilities in the comprehensive provision of temporary shelter, food, clothing and transportation for those in need. [NEW PROGRAM – PTC Recommended Program C1.7.1] SERVICE TO THE PUBLIC GOAL C-2 Demonstrate a commitment to excellence and high quality service to the public among City of Palo Alto officials and employees. Policy C-2.1 Deliver City services in a manner that creates and reinforces positive relationships among City employees, residents, businesses, and other stakeholders. [Previously Policy C09] Every day, Palo Alto officials and employees interact with the public in delivering services and representing the City. Excellence and high quality service are important objectives when interacting with residents, businesses, community groups, visitors, and other stakeholders. PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-25 Program C2.1.1 Establish performance review criteria for City employees that consider the quality of service provided. [Previously Program C09] Program C2.1.2 Establish incentives and enhance rewards and recognition programs to encourage City staff to deliver high quality services. [Previously Program C10] Policy C-2.2 Treat all with care, respect, and dignity emphasizing mutual responsibility. [NEW POLICY] Program C2.2.1 Periodically perform evaluations of City service delivery and develop strategies for continuous improvement. [Previously Policy C10] Policy C-2.3 Budget for City staff training in service-oriented management techniques. [Previously Program C11] Policy C-2.4 Encourage City work groups to examine and improve operating procedures. [Previously Program C12] Policy C-2.5 Develop highly motivated, professional, engaged staff and volunteers who are valued for their integrity, commitment, and contributions towards the City and community. [NEW POLICY] MAINTENANCE OF PARKS AND COMMUNITY FACILITIES GOAL C-3 Recognize the intrinsic value and everyday importance of our parks and community centers, libraries, civic buildings and cultural assets by investing in their maintenance and improvement. Policy C-3.1 Where appropriate, maintain existing community facilities in public ownership to prevent potential shortages in the future. [Previously Policy C21] Policy C-3.2 Reinvest in aging facilities to improve their usefulness and appearance. Avoid deferred maintenance of City infrastructure. [Previously Policy C24] In October 2010, Palo Alto City Council appointed a 17-member Infrastructure Blue Ribbon Committee (IBRC) to look out 25 years and make recommendations on infrastructure needs, priorities, projects, and associated funding mechanisms to address the existing infrastructure backlog as well as future needs. The IBRIC Final Report, entitled Palo Alto's Infrastructure: Catching Up, Keeping Up, and Moving Ahead, was presented to City Council in December 2011 and formed the basis of the City’s current infrastructure plan. PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-26 PRELIMINARY DRAFT – FEBRUARY 1, 2016 Program C3.2.1 Develop improvement plans for the maintenance, restoration and enhancement of community facilities, and keep these facilities viable community assets by investing the necessary resources. [Previously Program C19] Program C3.2.2 Conduct comprehensive analyses of long-term infrastructure replacement requirements and costs. [Previously Program C20] Program C3.2.3 Consider the extent to which new development may affect the quality of services and/or facilities and prepare an updated nexus study to support increased impact fees if warranted. Policy C-3.3 Maintain and enhance existing park and recreation facilities consistent with the Parks, Trails, Open Space, and Recreation Master Plan, which is incorporated here by reference. [Previously Policy C26] Program C3.3.1 Periodically evaluate how parks and recreation programs and services are being used and develop strategies for improving their use overall. Program C3.3.2 Study and recommend methods of private and public financing for improved park maintenance, rehabilitation, and construction of facilities, including those used for arts and culture. [Previously Program C23] Program C3.3.3 Evaluate the costs of retrofitting all park facilities with water efficient appliances, fixtures, and irrigation systems and develop an implementation schedule to phase-in use of non-potable water conservations measures where and when feasible. [NEW PROGRAM] Program C3.3.4 Conduct a study to evaluate the feasibility of re- structuring park fees so that they rise in conjunction with the market. Periodically assess the need to adjust parkland mitigation fees to ensure they remain proportional to real estate values in Palo Alto. [NEW PROGRAM] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-27 Program C3.3.5 Utilize Public Art Master Plan as a guide for the continued maintenance and preservation of the Public Art Collection. [NEW PROGRAM] Policy C-3.4 Preserve El Camino Park as a recreational resource for the community. [Previously Program C24] Policy C-3.5 Make infrastructure improvements on public open space only when these improvements incorporate sustainability concepts and are consistent with the goals of protecting and conserving the natural environment. [Previously Policy C25] Program C3.5.1 Develop comprehensive conservation plans for Foothills Park, Baylands Nature Preserve, and the Pearson Arastradero Preserve that will address both conservation and passive recreational needs. Policy C-3.6 Stewardship of our parks and open spaces shall be carried out with the acknowledgement, maintenance, and preservation the City grants to all of its landmarks and valued facilities. [NEW POLICY] PLANNING FOR PARKS AND COMMUNITY FACILITIES GOAL C-4 Plan for a future in which our parks, open spaces, libraries, public art, and community facilities thrive and adapt to the growth and change of Palo Alto. Policy C-4.1 Develop new community facilities as needed to meet the growing needs of residents and employees of Palo Alto consistent with the Parks, Trails, Open Space, and Recreation Master Plan, which is incorporated by reference. [Previously Policy C27] Program C4.1.1 Adopt the Parks, Trails, Open Space, and Recreation Master Plan as a blueprint for the City’s recreational facilities and open spaces, and update the Plan as needed to reflect changes in circumstances in the future. Policy C-4.2 Strategically locate new public facilities and parks to serve all neighborhoods in the City. [Previously Policy C29] NATIONAL RECREATION AND PARK ASSOCIATION STANDARDS FOR PARKS OBJECTIVE 4.1 Use National Recreation and Park Association Standards as guidelines for locating and developing new parks, recognizing that these represent long-term aspirational targets:  Neighborhood parks should be at least two acres in size, although sites as small as one-half acre may be needed as supplementary facilities. The maximum service area radius should be one-half mile. Two acres of neighborhood parkland should be provided for each 1,000 people.  District parks should be at least five acres in size. The maximum service area radius should be one mile. Two acres of district park land should be provided for each 1,000 people. PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-28 PRELIMINARY DRAFT – FEBRUARY 1, 2016 Policy C-4.3 Design and construct new community facilities to have flexible functionality to ensure adaptability to the changing needs of the community. [Previously Policy C22] Policy C-4.4 Consider potential park sites when preparing coordinated area plans. [Previously Program C25] Policy C-4.5 Encourage public involvement and input when identifying potential parks sites and recreation facilities. [NEW POLICY] Policy C-4.6 Use National Recreation and Park Association Standards as guidelines for locating and developing new parks, recognizing that these represent long-term aspirational targets. [Previously Policy C28] Policy C-4.7 In planning new open spaces, balance the enjoyment and community use of public land with protecting natural ecosystems. [NEW POLICY] Policy C-4.8 Expand the space available in the community for art exhibits, classes, and other cultural activities, including virtual recreation and other activities made possible by technical innovation, while maintaining and enhancing natural areas. [Previously Policy C23] Policy C-4.9 Work with stakeholders to give form and identity to places in the community that are specifically for children, youth, and teens. [PTC Recommended Policy C-1.10] Policy C-4.10 In residential or neighborhood commercial development projects, strongly encourage child care and/or senior care facilities, along with measures to mitigate potential conflicts between these facilities and surrounding uses. [Previously Policy C15] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-29 Program C4.10.1 Study changes in zoning, parking, and landscaping requirements that would facilitate the development of neighborhood child and/or senior care facilities. [Previously Program C15] Program C4.10.2 Identify existing or potential locations for child and/or senior care in public facilities and actively promote the establishment of such facilities, including by facilitating the application process. [Previously Policy C16] COMMUNITY HEALTH AND WELL-BEING GOAL C-5 Sustain the health, well-being, recreation, and safety of residents and visitors, and improve the quality, quantity, and affordability of social services for all community members, including children, youth, teens, seniors, the unhoused, and people with disabilities. Policy C-5.1 Establish Palo Alto as a leading example of a community that is dedicated to the health and well-being of the public. [NEW POLICY] Program C5.1.1 Allocate staff time and resources to create and support initiatives to increase the health and well- being of the public. [NEW PROGRAM] Program C5.1.2 Establish a community-sourced online clearinghouse of information and activities related to health promotion in the community. Policy C-5.2 Promote programs that sustain the physical and mental health, well- being, recreation, safety, and cultural opportunities of all residents and visitors. [NEW POLICY] Program C5.2.1 Conduct a study of barriers to accessing healthy living choices across age, gender, socioeconomic, and ethnic groups as well as mental and physical abilities, and adopt strategies to remove barriers identified. [NEW PROGRAM] Policy C-5.3 Celebrate cultural diversity in Palo Alto. [NEW POLICY] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-30 PRELIMINARY DRAFT – FEBRUARY 1, 2016 Policy C-5.4 Foster a culture of peer-to-peer support and community connections through existing and new programs that promote and encourage the building of Developmental Assets within the community. [NEW POLICY] Policy C-5.5 Encourage the continuation and development of mental health programs that center on education, depression, isolation, stress, suicide prevention, and intervention strategies. [NEW POLICY] Policy C-5.6 Promote the connection between health and well-being for residents, workers, and visitors in Palo Alto. [NEW POLICY] Program C5.6.1 Incorporate health and well-being topics, including arts and culture, into existing events and programs at City-owned park and recreation facilities. [NEW PROGRAM] Program C5.6.2 Pursue marketing City employee health and wellness programs as a model for local businesses and other organizations to implement. [NEW PROGRAM] Program C5.6.3 Actively work to implement the Healthy Cities Healthy Community Resolution that supports healthy social, cultural, and physical environments that promote and support well-being and creative expression for ourselves, our families, and our community. Policy C-5.7 Provide public green spaces, community gardens, and informal gathering places that enhance public health. [NEW POLICY] Program C5.7.1 Work with schools and community organizations to provide programs that educate residents, workers, and visitors on health and well-being topics. [NEW PROGRAM] Policy C-5.8 Ensure that City-owned and leased indoor and outdoor facilities, including parks, provide a variety of functions that meet the physical activity, health, and well-being needs of all residents. [NEW POLICY] Extensive research at the Search Institute in Minnesota has led to identification of 41 Developmental Assets that promote positive behaviors and attitudes in youth, while at the same time protect them from taking part in at‐risk behaviors. The Developmental Assets that are highly correlated with thriving youth. For more information, visit www.projectcornerstone.org. PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT PRELIMINARY DRAFT – FEBRUARY 1, 2016 C-31 Policy C-5.9 Increase opportunities for access to healthy food, including fresh fruits and vegetables at City-owned or leased spaces and facilities. [NEW POLICY] Program C5.9.1 Identify existing and potential indoor and outdoor locations for community gardens and farmers markets at City-owned or leased facilities and spaces. [NEW PROGRAM] Policy C-5.10 Encourage and reward healthy eating, physical activity, and a productive and healthy work/life balance for City employees. [NEW POLICY] Program C5.10.1 Create a reward and recognition program for City employees engaged in furthering the efforts of City- sponsored healthy eating, physical activity, and/or well-being programs. [NEW PROGRAM] Policy C-5.11 Incorporate health evaluation criteria into every community services and facilities planning process. [NEW POLICY] Policy C-5.12 Give priority to public health and well-being when balancing the potential impacts and benefits of private development projects or public infrastructure investments. Policy C-5.13 Ensure that public facilities comply or exceed Americans with Disabilities Act (ADA) requirements. [Previously Policy C32] PALO ALTO COMPREHENSIVE PLAN COMMUNITY SERVICES & FACILITIES ELEMENT C-32 PRELIMINARY DRAFT – FEBRUARY 1, 2016 City of Palo Alto (ID # 6506) City Council Staff Report Report Type: Action Items Meeting Date: 2/8/2016 Summary Title: Administrative Guidelines for Interim Annual Limit Title: Adoption of Administrative Guideline for Implementation of the Interim Office/R&D Annual Limit in Fiscal Years 2016 and 2017 From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council adopt the administrative guideline (Attachment C) proposed by the Director of Planning in conformance with Section 18.85.208 of the ordinance establishing an interim annual limit on the amount of office/R&D space that can be approved each fiscal year (Attachment A). Executive Summary On September 21, 2015, the City Council adopted an interim ordinance establishing an annual limit on the amount of net new office/R&D space that can be approved each fiscal year in a subset of the City comprising Downtown, the California Avenue area, and the El Camino Real Corridor. The ordinance included criteria that will be used to evaluate projects that are pending approval as of March 31st of each fiscal year if the sum total of those projects exceeds 50,000 square feet. The ordinance also gives the Director of Planning the ability to adopt implementing procedures, and the City Council’s motion requested that staff return to Council with these administrative procedures. (Council motions from June 15, 2015 and September 21, 2015 are included as Attachment B.) The proposed procedures include clarification of the adopted ordinance and procedures related to (a) applicability; (b) exemptions; (c) procedures; and (d) scoring of competing projects based on the adopted criteria. A score card that would be used to evaluate eligible projects is included. Background & Discussion The City’s Comprehensive Plan contains an overall cap on the amount of non-residential development that can occur in Downtown and in the City as a whole, but does not currently City of Palo Alto Page 1 limit the pace of development.1 This issue was discussed at public workshops regarding the Comprehensive Plan Update in the summer of 2014, and the City Council took up the idea of limiting the pace of new office/R&D development over the course of six meetings from January through June of 2015. (CMR: 5877; CMR: 5689; CMR: 5621; CMR: 5565; CMR: 5518; CMR: 5404.) On March 23rd and June 15, the City Council adopted a series of motions directing staff to (among other things) prepare an interim ordinance to effectuate an annual limit on new office/R&D development in those areas of the City experiencing the most rapid change. Key characteristics of the resulting ordinance that was ultimately adopted on September 21, 2015, include but are not limited to:  Office/R&D annual limit would run until the adoption of the new Comprehensive Plan or two years whichever is sooner;  The limit would apply to an area comprised of the Downtown, California Avenue area, and the El Camino Real corridor;  The limit would be set at 50,000 sq. ft. of new office/R&D development (net gain) per fiscal year. The ordinance also established a series of exemptions and evaluation criteria, including exemptions for pipeline projects (pending applications deemed complete prior to March 31, 2015), and a criterion giving priority to pending applications deemed complete between March 31 and June 15, 2015. Please consult the ordinance in Attachment A for detailed information. Importantly, the annual limit of 50,000 net new square feet only becomes relevant if there are applications for more than this amount of new square footage pending approval in a given year. A pacing mechanism ensures square footage comes on line at a moderated pace, despite fluctuations in economic cycles. Looking back 15 years, a 50,000 square foot annual limit in the commercial districts affected by the interim ordinance would have acted as a constraint in six of the past 15 years (FY2006, FY2007, FY2010, FY2012, FY2014 and FY2015). In other years, the cumulative total of new square footage entitled in the affected areas was less than 50,000 square feet. Based on the current pipeline projects, the 50,000 annual limit may be reached this fiscal year.2 Timeline 1 The cap that applies to the City as a whole was established by Comprehensive Plan Policy L-8 and addresses non- residential development in “monitored areas.” Non-residential development pursuant to this policy is not close to reaching the 3.2M square foot cap. Non-residential development in Downtown may reach the 350,000 square foot cap established for that area (in Comprehensive Plan Program L-8) within the next several years, necessitating reevaluation of this limit. 2 Staff will provide a full accounting of pending projects after the March 31 date provided in the ordinance, but with the recent withdrawal of an application for redevelopment of 3045 Park Boulevard, it seems that projects subject to the ordinance this year may total just slightly more than 50,000 square feet. City of Palo Alto Page 2 The proposed guideline is intended for use in administering the interim annual office/R&D limit for Fiscal Year 2016 (this year) and Fiscal Year 2017 (next year) and may be amended as needed. Resource Impact The proposed administrative guideline is intended to provide for a consistent and transparent process, facilitating an efficient use of staff resources. Policy Implications The proposed administrative guideline is procedural in nature, and would not change policy or modify existing regulations. Environmental Review Adoption of the proposed administrative guideline is procedural in nature, and is thus not a “project” requiring review under the California Environmental Quality !ct (CEQ!). Attachments:  Attachment A: Interim Ordinance 5357 on Office/R&D Annual Limit (PDF)  Attachment B: Excerpts from the Action Minutes of September 21 and June 15, 2015 City Council Meetings (DOCX)  Attachment C: Interim Office-RD Annual Limit Administrative Regulations v3 (DOCX) City of Palo Alto Page 3 Attachment A - Attachment B CITY COUNCIL ACTION MINUTES – September 21, 2015 PUBLIC HEARING - Adoption of an Interim Ordinance Establishing a 50,000 Square Foot Annual Limit on Office/R&D Development in a Portion of the City Including Downtown, the California Avenue Area, and the El Camino Corridor. Environmental Assessment: This Ordinance is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(b)(3); The Planning and Transportation Commission Recommended Adoption. Council Member DuBois advised he would not be participating in this Agenda Item as it pertains to the outer boundary due to his wife’s employment at Stanford University. He left the meeting at 10:05 P.M. MOTION: Mayor Holman moved, seconded by Council Member Kniss to adopt boundaries as identified in the Staff Report and direct Staff to return within six months with a report on Stanford’s progress on reducing single occupancy vehicle trips generated by Stanford Research Park. Public Hearing opened at 10:17 P.M. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “to direct Staff to return within six months with a report with potential action on development of office space outside of the boundaries.” AMENDMENT: Council Member Scharff moved, seconded by Council Member Berman to replace in the Motion, “on development of office space outside of the boundaries” with “on including Stanford Research Park.” AMENDMENT PASSED: 6-2 Filseth, Wolbach no, DuBois not participating AMENDMENT: Mayor Holman moved, seconded by Council Member Wolbach to add to the Motion, “to direct Staff to return within one year with a report with potential action on Office/R&D development applications outside of the boundaries.” AMENDMENT TO THE AMENDMENT: Council Member Scharff moved, seconded by Council Member Burt to add to the Motion, “to direct Staff to return within one year with an informational report on Office/R&D development applications outside of the boundaries.” AMENDMENT TO THE AMENDMENT PASSED: 6-2 Holman, Kniss no, DuBois not participating MOTION AS AMENDED PASSED: 8-0 DuBois not participating Council Member DuBois returned at 10:47 P.M. Public Hearing closed at 11:09 P.M. MOTION: Council Member Filseth moved, seconded by Council Member Burt to not exempt Coordinated Area Plans from the Office/R&D Development Annual Limit. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add at the end of the Motion, “but at the end the completion of a Coordinated Area Plan process it would come to Council for a determination on how the Office/R&D Development Annual Limit would apply.” MOTION AS AMENDED PASSED: 6-3 Holman, Kniss, Schmid no MOTION: Council Member Dubois moved, seconded by Council Member Burt to adopt the Office/R&D Annual Limit Ordinance with the following changes: A. Delete Municipal Code Section 18.85.203(c) – Self Mitigating Buildings; and B. Delete Municipal Code Section 18.85.207(e) – The monetary and/or non-monetary value of public benefits offered; and C. Direct Staff to return with administrative scoring procedure to Council to be used to rank projects. Give projects in the pipeline after March 31, 2015 but deemed completed as of June 15, 2015 more weight in the process; and D. Program to return Council in two years, before it would cease to be in effect, to be either affirmatively continued or modified/replaced. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part B, “Delete Municipal Code Section 18.85.207(e) – The monetary and/or non-monetary value of public benefits offered” with “Change Municipal Code Section 18.85.207(e) – The value to the community of public benefits offered.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “Municipal Code Section 18.85.207 – Selection Criteria to be weighted as Sections a-b (Impacts), Section c (Design), Section d (Environmental Quality), Section e (Public Benefits), Sections f-h (Uses), and Section i (Pipeline).” AMENDMENT: Council Member Burt moved, seconded by Council Member Berman to replace in the Motion Part A with, “(1) would provide rental housing for more workers than would be employed in the project; and (2) provide substantial transportation demand management strategies (individually or in cooperation with other projects or programs) to improve the current parking and traffic conditions.” AMENDMENT PASSED: 7-2 DuBois, Filseth no AMENDMENT: Council Member Scharff moved, seconded by Council Member Kniss to replace in the Motion Part C, “more weight in the process” with “they would be first in line to be chosen under the Office/R&D Development Annual Limit.” INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Amendment, “first in line to be chosen under the Office/R&D Development Annual Limit” with “selected first and weighted amongst each other.” AMENDMENT AS AMENDED PASSED: 5-4 Burt, DuBois, Holman, Schmid no MOTION AS AMENDED PASSED: 9-0 COUNCIL ACTION MINUTES – JUNE 15, 2015 Discussion and Direction to Staff Regarding Establishment of an Office/R&D Annual Growth Limit Applicable to Downtown, the California Avenue Area, and the El Camino Corridor on an Interim Basis (Continued From June 1, 2015). Council Member DuBois advised he would not be participating in this Agenda Item as his wife is employed by Stanford University and the exclusion of Stanford Research Park could provide a benefit to Stanford University. MOTION: Council Member Scharff moved, seconded by Council Member Wolbach to use the precise boundaries as outlined in the Potential Office/R&D Cap Boundaries, and the Development Cap will not apply to any area in which the City has adopted at time of development a Coordinated Area Plan, Specific Plan, Master Plan or Precise Plan. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion, “Specific Plan, Master Plan or Precise Plan” with “or Specific Plan.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “with the exception of the South of Forest Area Coordinated Area Plan, Phase Two (SOFAII) and Staff will return with information pertaining to the impacts of excluding SOFAII from the Development Cap.” MOTION: Council Member Scharff moved, seconded by Council Member Kniss that projects generating less than 2,000 square feet of net new office space will be exempt from the Development Cap. MOTION PASSED: 8-0 DuBois not participating MOTION: Council Member Kniss moved, seconded by Council Member Scharff to apply the Development Cap to these Land Uses defined in Municipal Code Section 18.04.030: Research & Development, Administrative Office Services, General Business Office, Medical Office and Professional Office. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion, “Medical Office.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “Medical Office over 5,000 square feet” after “General Business Office.” MOTION AS AMENDED PASSED: 8-0 DuBois not participating MOTION: Council Member Wolbach moved, seconded by Council Member Berman to exempt from the Development Cap, self-mitigating projects; projects providing sufficient rental housing such that the job/housing balance would improve, and which would also provide substantial Transportation Demand Management plans (individually or in cooperation with others). INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, "to improve the current parking and traffic impacts." MOTION AS AMENDED PASSED: 6-2 Filseth, Schmid no, DuBois not participating MOTION: Council Member Kniss moved, seconded by Council Member Scharff to: A. Establish a procedure by which applications are accepted and processed as they are currently; and E. Except that, no applications received after July 1 or the effective date of the Ordinance would be approved until after March 31 of the following year; and F. At that point, if the square footage proposed by all applications combined would exceed the annual limit, completed applications that have been recommended for approval by an appropriate advisory body such as the Architectural Review Board would be ranked based on scoring criteria and provided to the City Council for evaluation and action; and G. If the square footage proposed by all applications combined would not exceed the annual limit, the completed applications that have been recommended for approval would be acted upon using the usual process. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion Part B, “such as the Architectural Review Board.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B, “or the effective date of the Ordinance” after “July 1.” MOTION AS AMENDED PASSED: 7-1 Schmid no, DuBois not participating MOTION: Council Member Scharff moved, seconded by Council Member Kniss to evaluate applications subject to the annual limit using the following criteria: A. Their intensity of use; and B. Their ability to avoid or address potential impacts on traffic and parking; and C. The quality of their design, including their attention to human scale where the building(s) meet the street, their compatibility with surroundings, and their overall architectural quality; and D. Their environmental quality; and E. The monetary and/or non-monetary value of public benefits offered. INCORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER to add to the Motion, “Mixed use projects including substantial housing.” INCORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER to add to the Motion, “Mixed use projects including retail.” INCORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part A, “their intensity of use” with “intensity of use in the context of underlying zoning and its surroundings.” INCORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part A, “intensity of use” with “density of development.” INCORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER to add to the Motion, “mixed use projects that provide space for cultural amenities such as but not limited to art galleries and studios.” MOTION AS AMENDED PASSED: 8-0 DuBois not participating MOTION: Council Member Scharff moved, seconded by Council Member Berman to exempt projects in the pipeline since 2013 or 2014 from the Development Cap. SUBSTITUTE MOTION: Mayor Holman moved, seconded by Council Member Filseth to exempt projects in the pipeline that received project approval by July 1, 2015 or the effective date of the Ordinance. AMENDMENT TO THE SUBSTITUTE MOTION: Council Member Scharff moved, seconded by Council Member Berman to replace in the Substitute Motion, “received project approval” with “were submitted in 2013 or 2014 and complete.” INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Substitute Motion, “received project approval by July 1, 2015 or the effective date of the Ordinance” with “applied for in 2013 or 2014, which the applications were complete March 31, 2015, from the Development Cap; and for projects with applications complete June 15, 2015.” INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Substitute Motion, “as one of the criteria considered as part of the 50,000 square foot Development Cap” after “June 15, 2015.” SUBSTITUTE MOTION AS AMENDED AMENDMENT PASSED: 7-1 Schmid no, DuBois not participating SUBSTITUTE MOTION: Mayor Holman moved, seconded by Council Member Kniss to refer the Office/R&D Cap boundaries to the Planning and Transportation Commission. SUBSTITUTE MOTION PASSED: 5-3 Berman, Scharff, Filseth no, DuBois not participating. City of Palo Alto (ID # 6587) City Council Staff Report Report Type: Action Items Meeting Date: 2/8/2016 Summary Title: Envision Silicon Valley Position Advocacy Title: Envision Silicon Valley County Sales Tax Measure: North County and West Valley Cities Position Advocacy From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council: 1) Approve advocacy direction to City representatives regarding the proposed Santa Clara County sales tax, including general funding levels within expenditure categories, as developed in coordination with other North County and West Valley cities. 2) Authorize the City Manager to engage with VTA and other stakeholders and refine the City’s position and maintain consensus with other cities while supporting maximum regional funding for rail grade separations and non-automobile transportation improvements. Background The Santa Clara County Valley Transportation Authority (VTA) is actively discussing the possibility of placing a countywide transportation sales tax measure on the November 2016 ballot. This tax measure would be focused on enhancing public transportation systems such as BART and Caltrain, improving pavement maintenance, highways, and expressways, and improving active transportation alternatives for bicyclists and pedestrians. Historically, countywide transportation sales tax measures in California have often employed a strategy of combining a list of specific, major regional projects to be funded with separate program categories within which smaller-scale projects (such as street repaving or Transportation Demand Management) would be subsequently identified and funded. Projects of significant local importance (such as Caltrain grade separations) could also come from a crossover category in which the tax measure designates a funding level and specific projects are subsequently selected based on certain criteria. City of Palo Alto Page 1 VT! has undertaken “Envision Silicon Valley,” a campaign aimed at engaging community leaders in discussion of current and future transportation needs, identifying solutions and developing funding priorities. Projects identified would be carried forward into the Valley Transportation Plan (VTP) 2040 and the Association of Bay Area Governments (ABAG) Plan Bay Area documents. The proposed transportation sales tax measure would provide a county-level source of transportation funds to supplement regional, state, and federal funds along with direct funding from local agencies. In August, the County of Santa Clara, cities, and transit agencies submitted projects for consideration as part of the VTP 2040 process. An estimated $40 billion in projects and programs were submitted for an estimated $20 billion in potential funding (including future grant funds as well as the sales tax funding). On August 17, 2015, the City Council provided direction regarding the City’s response to VT!’s “call for projects” for VTP 2040. !s this list of projects is the basis for discussion of a 2016 countywide transportation sales tax, the City Council adopted the following priorities: 1) Dedicated funding for Caltrain grade separations in Palo Alto or North Santa Clara County and other Caltrain capacity improvements; 2) Bicycle and pedestrian improvements; 3) Better first and last mile service particularly in North Santa Clara County; and, 4) Support transportation management associations and other transportation demand management measures. In addition, the August 17th staff report suggested that the following principles could be used to guide future discussions and advocacy around the sales tax measure:  Ensure that Caltrain is provided with sufficient funds to meet their current and future capacity needs including longer trains, station and platform enhancements, and money for grade separations;  Provide funding for first and last mile transit connections using advanced technology and public/private partnership strategies with specific funding discretion given to cities;  There should be a focus on safety improvements, alternatives to single-occupancy vehicle trips, and adequate maintenance of existing transportation infrastructure;  Any roadway expansion should prioritize high occupancy vehicle (HOV) lanes;  Any operational street improvements should help plans for Complete Streets;  Program and project funding should have flexibility to meet changing needs but not jeopardize key, identified funding categories such as Caltrain improvements; and City of Palo Alto Page 2  Priority should be given to projects resulting from collaboration among neighboring communities. On October 13, 2015, the City Council provided further direction regarding the 2016 ballot measure. At this meeting, Council directed Staff to: 1) Advocate for and support putting in the Countywide funding measure, funding for countywide Caltrain grade separation in the order of 15 percent separate from and in addition to the funding already requested by Caltrain for other Caltrain improvements and engage with Caltrain to determine what specific needs they have for the prospective County tax measure and return to Council with this information; and 2) Check in with Council when the Measure starts to take shape. At the January 27, 2016 City Council Rail Committee meeting the Committee recommended on a 4-0 vote that Council discuss and approve a letter from the City of Palo Alto to the VTA expressing the City’s position on funding allocations. Table 1 below outlines a proposed funding allocation that is reflective of exactly what, or close to what, several North County and West Valley cities have agreed in principle to advocate for. The Rail Committee did not make a specific recommendation for Council consideration regarding the proposed funding allocation outlined in Table 1 below, but did discuss that the Council should make a specific recommendation. The Rail Committee recommended that Council consider such factors as: 1) This proposed advocacy position would be an initial starting point for negotiations; 2) While at least one Rail Committee member expressed some concern with the specific numbers in Table 1, others pointed out that modifying this proposed advocacy position without consulting with the other North County and West Valley cities could reduce the influence of the group; 3) Expressway congestion can be addressed through traffic relief programs not just expressway expansion; 4) Should the City support the tax measure if bus rapid transit is not officially taken out of consideration; 5) Communication of the value of Caltrain in a multiple ways, not just fare-box recovery is important. Discussion City of Palo Alto Page 3 VTA staff is currently discussing funding concepts, and it is expected that an initial proposal for the tax measure will be developed by VTA in early 2016. Based on discussions among stakeholders, it appears at this time that the following projects and programs are likely to be considered for the tax measure (likely a 30-year, 1⁄2 cent sales tax that would generate about $6 billion over the life of the tax measure): 1) The BART Phase 2 extension to San Jose (and possibly to Santa Clara); 2) Increased capacity for Caltrain including longer trains, station and platform enhancements, and money for grade separations; 3) Expressway improvements based on the current County Expressway Plan with priorities including upgrades to the Lawrence and Page Mill Expressways; 4) Key freeway improvement projects including express lanes and interchange upgrades such as the San Antonio/U.S. 101 interchange; 5) Local street and road pavement maintenance allocations with a possible provision to un- encumber local funds if an adequate pavement maintenance level is achieved; 6) Transportation improvements for bicyclists and pedestrians; and 7) Transit service improvements for seniors and people with disabilities. Public and agency review regarding the proposed sales tax measure is expected to begin in February, with final adoption of the measure by August. The Envision Silicon Valley process will include formal review of the proposed measure by the following VTA boards and committees: 1) The VTA Board and Envision Silicon Valley Ad-Hoc Committee (Los Altos Mayor Jeannie Bruins represents the North County cities and Campbell Mayor Jason Baker represents West Valley cities); 2) The VTA Policy Advisory Committee (Councilmember Liz Kniss represents Palo Alto); 3) The VTA Technical Advisory Committee (Planning & Community Environment staff represents Palo Alto); 4) Envision Silicon Valley stakeholder committees, including community interest groups and transportation advocacy groups such as the Palo Alto Chamber of Commerce and Stanford University. City of Palo Alto Page 4 and improve the stations and rolling stock, while the Railroad Grade Separation Program category would fund a new countywide program to advance rail grade separations based on a quantitative need-based prioritization. The Congestion Relief/Transit/Mode Shift category is intended to address current county travel patterns and encourage mode shift from single- occupant vehicles. Improvements to the Santa Clara County expressway system would be funded through the Expressways expenditure category, while projects along other regionally- significant roadways would be included in the Streets and Highways category. The Local Streets and Roads funding would be distributed using a formula and would be available to maintain and repair municipal streets. In jurisdictions with high pavement management index scores (i.e. Palo Alto), this funding could be flexed to other local transportation projects. The Bicycle/Pedestrian category would be dedicated to regional and local bicycle and pedestrian improvements, including, but not limited to, bikeways, sidewalks, and roadway crossings. Timeline & Resource Impact If Council elects to support the recommendations, Staff will use existing resources to advocate for the proposed funding levels and expenditure categories over the next eight months. No impact to resources is anticipated. Environmental Review This agenda item provides an opportunity for Council discussion and direction to staff on major transportation policy issues, however, it is not a “project” requiring review under CEQ!. Attachments:  Attachment A: Rail Committee Staff Report of January 27, 2016 (PDF) City of Palo Alto Page 6 Attachment A - City of Palo Alto (ID # 6542) City Council Rail Committee Staff Report Report Type: Agenda Items Meeting Date: 1/27/2016 Summary Title: Envision Silicon Valley Position Advocacy Title: Envision Silicon Valley County Sales Tax Measure: North County and West Valley Cities Position Advocacy From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the Rail Committee forward a recommendation to the City Council that the City Council: 1) Approve advocacy direction to City representatives regarding the proposed Santa Clara County sales tax, including general funding levels within expenditure categories, as developed in coordination with other North County and West Valley cities. 2) Authorize the City Manager to engage with VTA and other stakeholders and refine the City’s position and maintain consensus with other cities while supporting maximum regional funding for rail grade separations and non- automobile transportation improvements. Background The Santa Clara County Valley Transportation Authority (VTA) is actively discussing the possibility of placing a countywide transportation sales tax measure on the November 2016 ballot. This tax measure would be focused on enhancing public transportation systems such as BART and Caltrain, improving pavement maintenance, highways, and expressways, and improving active transportation alternatives for bicyclists and pedestrians. Historically, countywide transportation sales tax measures in California have often employed a strategy of combining a list of specific, major regional projects to be funded with separate program categories within which smaller-scale projects (such as street repaving or Transportation Demand Management) would be subsequently identified and funded. Projects of significant local importance (such as Caltrain grade separations) could also come from a crossover category in which the tax measure designates a funding level and specific projects are subsequently selected based on certain criteria. City of Palo Alto Page 1 VTA has undertaken “Envision Silicon Valley,” a campaign aimed at engaging community leaders in discussion of current and future transportation needs, identifying solutions and developing funding priorities. Projects identified would be carried forward into the Valley Transportation Plan (VTP) 2040 and the Association of Bay Area Governments (ABAG) Plan Bay Area documents. The proposed transportation sales tax measure would provide a county-level source of transportation funds to supplement regional, state, and federal funds along with direct funding from local agencies. In August, the County of Santa Clara, cities, and transit agencies submitted projects for consideration as part of the VTP 2040 process. An estimated $40 billion in projects and programs were submitted for an estimated $20 billion in potential funding (including future grant funds as well as the sales tax funding). On August 17, 2015, the City Council provided direction regarding the City’s response to VTA’s “call for projects” for VTP 2040. As this list of projects is the basis for discussion of a 2016 countywide transportation sales tax, the City Council adopted the following priorities: 1) Dedicated funding for Caltrain grade separations in Palo Alto or North Santa Clara County and other Caltrain capacity improvements; 2) Bicycle and pedestrian improvements; 3) Better first and last mile service particularly in North Santa Clara County; and, 4) Support transportation management associations and other transportation demand management measures. In addition, the August 17th staff report suggested that the following principles could be used to guide future discussions and advocacy around the sales tax measure:  Ensure that Caltrain is provided with sufficient funds to meet their current and future capacity needs including longer trains, station and platform enhancements, and money for grade separations;  Provide funding for first and last mile transit connections using advanced technology and public/private partnership strategies with specific funding discretion given to cities;  There should be a focus on safety improvements, alternatives to single- occupancy vehicle trips, and adequate maintenance of existing transportation infrastructure; City of Palo Alto Page 2  Any roadway expansion should prioritize high occupancy vehicle (HOV) lanes;  Any operational street improvements should help plans for Complete Streets;  Program and project funding should have flexibility to meet changing needs but not jeopardize key, identified funding categories such as Caltrain improvements; and  Priority should be given to projects resulting from collaboration among neighboring communities. 
 On October 13, 2015, the City Council provided further direction regarding the 2016 ballot measure. At this meeting, Council directed Staff to: 1) Advocate for and support putting in the Countywide funding measure, funding for countywide Caltrain grade separation in the order of 15 percent separate from and in addition to the funding already requested by Caltrain for other Caltrain improvements and engage with Caltrain to determine what specific needs they have for the prospective County tax measure and return to Council with this information; and 2) Check in with Council when the Measure starts to take shape. Discussion VTA staff is currently discussing funding concepts, and it is expected that an initial proposal for the tax measure will be developed by VTA in early 2016. Based on discussions among stakeholders, it appears at this time that the following projects and programs are likely to be considered for the tax measure (likely a 30-year, 1⁄2 cent sales tax that would generate about $6 billion over the life of the tax measure): 1) The BART Phase 2 extension to San Jose (and possibly to Santa Clara); 2) Increased capacity for Caltrain including longer trains, station and platform enhancements, and money for grade separations; 3) Expressway improvements based on the current County Expressway Plan with priorities including upgrades to the Lawrence and Page Mill Expressways; 4) Key freeway improvement projects including express lanes and interchange upgrades such as the San Antonio/U.S. 101 interchange; 5) Local street and road pavement maintenance allocations with a possible provision to un-encumber local funds if an adequate pavement maintenance level is achieved; City of Palo Alto Page 3 6) Transportation improvements for bicyclists and pedestrians; and 7) Transit service improvements for seniors and people with disabilities. Public and agency review regarding the proposed sales tax measure is expected to begin in February, with final adoption of the measure by August. The Envision Silicon Valley process will include formal review of the proposed measure by the following VTA boards and committees: 1) The VTA Board and Envision Silicon Valley Ad-Hoc Committee (Los Altos Mayor Jeannie Bruins represents the North County cities and Campbell Mayor Jason Baker represents West Valley cities); 2) The VTA Policy Advisory Committee (Councilmember Liz Kniss represents Palo Alto); 3) The VTA Technical Advisory Committee (Planning & Community Environment staff represents Palo Alto); 4) Envision Silicon Valley stakeholder committees, including community interest groups and transportation advocacy groups such as the Palo Alto Chamber of Commerce and Stanford University. Additionally, potential advocacy for the composition of the measure could come from key employers (individually or through the Silicon Valley Leadership Group), community and environmental groups, and/or a possible coalition of North County cities. On January 8, 2016, Mayor Burt, City Manager Keene and staff attended a meeting of representatives from several North County and West Valley cities. At this meeting, a conceptual allocation of county sales tax funding levels and expenditure categories was discussed. This concept was developed from various discussions among agency representatives, elected officials, actions taken by governing bodies, and VTA meetings. After discussion and some edits to the working draft, consensus was reached that each city representative should return to his or her City Council and request approval to advocate for this conceptual funding allocation. The intent is to solidify the collective cities’ position and more effectively advocate for specific funding levels and uses as the sales tax measure moves forward. VTA is expected to begin to finalize the county sales tax funding levels, expenditure categories and projects in February 2016. City of Palo Alto Page 4 The recommended advocacy position is as follows: Expenditure Category Proposed Allocation (in millions $) Proposed Allocation (percent–rounded) BART to San Jose 1,200 20 Caltrain Improvements 400 7 Railroad Grade Separation Program 900 15 Congestion Relief/Transit/Mode Shift 500 8 Expressways 1,000 17 Streets and Highways 500 8 Local Streets and Roads (formula program with flexibility to focus on maintenance or local needs) 1,000 17 Bicycle/Pedestrian 500 8 It should be noted that the categories above are conceptual, in that specific definitions and funding criteria have not been proposed. Solidifying advocacy around this concept would nonetheless establish a more formidable position when supported by multiple cities. Timeline & Resource Impact If Council elects to support the recommendations, Staff will use existing resources to advocate for the proposed funding levels and expenditure categories over the next eight months. No impact to resources is anticipated. Environmental Review This agenda item provides an opportunity for Council discussion and direction to staff on major transportation policy issues, however, it is not a “project” requiring review under CEQA. City of Palo Alto Page 5