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2015-10-19 City Council Agenda Packet
CITY OF PALO ALTO CITY COUNCIL October 19, 2015 Special Meeting Council Chambers 5:00 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 October 19, 2015 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 5:00-6:00 PM 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Suzanne Mason, Kathy Shen, Dania Torres Wong, Molly Stump, Alison Hauk) Employee Organizations: Palo Alto Police Officers Association (PAPOA); Palo Alto Police Manager’s 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) 2 October 19, 2015 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. Special Orders of the Day 6:00-6:15 PM 2. Recognition and Acknowledgement of Palo Alto Firefighters for Their Response to Numerous Wildland Fires in California During the 2015 Fire Season Study Session 6:15-7:15 PM 3. Potential List of Topics for the Study Session With Assembly Member Rich Gordon 7:15-8:15 PM 4. Council Update on Staff Actions in Preparation for 2015-16 Winter Storm Season Agenda Changes, Additions and Deletions City Manager Comments 8:15-8:25 PM Oral Communications 8:25-8:40 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 8:40-8:45 PM 5. May 4, 2015, May 6, 2015, and May 11, 2015 Consent Calendar 8:45-8:50 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 6. Approval and Authorization for the City Manager to Execute an Electric Enterprise Fund Construction Contract With PAR Electrical Contractors, Inc. for a Total Not to Exceed Amount of $1,095,179 for the 2015 Pole Replacement Project 3, Which Involves Construction Maintenance Work on the City’s Electric Distribution System Throughout the City 7. Approval of a Contract With Pierce Manufacturing Inc. in the Amount of $657,394 for the Purchase of a Triple Combination 1500 GPM Fire Pumper; and Adoption of a Budget Amendment Ordinance in the Amount of $289,265 to Fund the Purchase of a Fire Pumper Offset by a Transfer From the General Fund and Corresponding Reduction to the Budget Stabilization Reserve (Scheduled Vehicle and Equipment Replacement Capital Improvement Program CIP VR-15000) 3 October 19, 2015 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 8. Approval of a Purchase Order With Leader Industries in an Amount Not to Exceed $500,471 for the Purchase of Two 2015 Chevrolet G4500 Type III Ambulances and Adoption of a Budget Amendment Ordinance for Fiscal Year 2016 in the Amount of $500,471 in the Vehicle Replacement Fund, Offset by a Transfer From the General Fund and Corresponding Reduction to the Budget Stabilization Reserve (Scheduled Vehicle and Equipment Replacement Capital Improvement Program CIP VR-15000) 9. Approval of a Record of Land Use Action for a Site and Design Application of a One-Story 1,735 Sq. Ft. Single Family Home With an Attached One-Car Garage and Associated Site Improvements on a Vacant 11.04 Acre Parcel of Land in the Open Space (OS) Zoning District Located at 5061 Skyline Boulevard. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act per Section 15303 10. Approval of the Purchase of Underground Cable From the Okonite Company in the Amount of $350,000 per Year for Five Years, for a Total Not to Exceed Amount of $1,750,000 11. Approval of Change Order Number One to Construction Services Contract Number C15155783 With Pacheco Line Builders, Inc. to Increase Not-to-Exceed Amount by $500,000 Annually to $1,500,000 Per Year, for a Total Not-to-Exceed Amount of $4,500,000 for Increased Costs Associated With Maintenance and Repair Work for the City’s Electric Overhead Distribution System, and Adoption of a Related Budget Amendment Ordinance for Fiscal Year 2016 Appropriating a Total of $1,000,000 From the Electric Distribution Fund Operations Reserve 12. Approval of Amendment Number Two to the Agreement Between the City of Palo Alto and the Purissima Hills Water District for a Limited Emergency Water Supply Intertie 13. Approval of the Change in Direction by Friends of the Junior Museum & Zoo’s Regarding Operation of the New Building 14. Approval of a Contract With TransPac Systems, LLC in the Amount of $106,590, Contract C16160857 for Consulting and Implementation Services for the City's Police Department's Information Technology Systems 4 October 19, 2015 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 15. Approval of Annual Williamson Act Contracts Within the City of Palo Alto 16. Adoption of a Resolution Amending and Restating the Administrative Penalty Schedule and Civil Penalty Schedules for Certain Violations of the Palo Alto Municipal Code and the California Vehicle Code Established by Resolution Nos. 9410 and 9535 17. SECOND READING: Adoption of an Ordinance Adding Section 16.63 to the Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems (FIRST READING: September 28, 2015 PASSED: 9-0) 18. SECOND READING: Adoption of an Ordinance Changing the End of Term Date for Commissioners Serving on the Human Relations Commission, Library Advisory Commission, Public Art Commission and Utilities Advisory Commission From April 30 to May 31 of Various Years and Making Minor Non-substantive Language Changes (FIRST READING: August 24, 2015 PASSED: 8-1 DuBois no) 19. SECOND READING: Adoption of an Ordinance Adding Chapter 4.62 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Adopt a Citywide Minimum Wage for Palo Alto Employees (FIRST READING: August 24, 2015, PASSED 9-0) Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 8:50-9:00 PM 20. PUBLIC HEARING: Adoption of a Resolution Confirming Additional Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein 9:00-9:45 PM 21. Direction to Provide Financial Support of $5 Million for the Avenidas Construction Project That Will Expand the Capacity of Senior Programs and Services Provided by Avenidas at 450 Bryant Street, Pending Environmental Review and Approval of Final Project Design by City Boards, Commissions and Council 9:45-10:45 PM 22. Recommendation to Direct Staff to Develop and Plan for Election to Authorize Continuation of Storm Drain Fees to Fund Capital Improvements and Operations After Current Fees Sunset in 2017, 5 October 19, 2015 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. Including Appointment of a Citizen Advisory Committee and a Potential 2016 Property Owner All-Mail Election 10:45-11:15 PM 23. PUBLIC HEARING: Adoption of an Ordinance to Amend Chapter 18.79 of the Palo Alto Municipal Code Related to Development Project Preliminary Review Procedures. Environmental Assessment: Exempt From the California Environmental Quality Act (CEQA) Pursuant to Section 15305 of the CEQA Guidelines (Continued from August 24, 2015) 11:15-11:30 PM 24. Colleagues Memo Regarding Studying Policy to Increase Accessory Dwelling Units (ADU's) 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. 6 October 19, 2015 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 Finance Committee Meeting October 20, 2015 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program for Fiscal Year 2015 Drought-Related Expenditures Incurred by the City of Palo Alto Community Engagement Initiative of Cubberley Artists Studio Program (CASP) Palo Alto Fire Department Quarterly Performance Report for Fourth Quarter Fiscal Year 2015 Public Letters to Council Set 1 CITY OF PALO ALTO OFFICE OF THE CITY CLERK October 19, 2015 The Honorable City Council Palo Alto, California Potential List of Topics for the Study Session With Assemblyman Rich Gordon 1. General 2015 legislative summary 2. Short-term rentals such as Airbnb 3. FPPC Conflict of interests reform and especially as it relates to relationships with college faculty in a city within close proximity to an educational institution 4. The current status of California High Speed Rail including both the accelerated California High Speed Rail Authority environmental clearance process that is proposed for the San Francisco to San Jose segment and the impact of the Kinney ruling 5. Caltrain Electrification and the necessity for State grade separation funding regardless of what happens with California High Speed Rail 6. CEQA reform legislation 7. Status of Housing Element Reform especially as it relates to the Department of Housing and Community Development and Association of Bay Area Governments 8. Reducing the voter approval threshold for infrastructure project revenue measures 9. Ensuring that measures are taken at the state level that maintain local governance control as much as possible. Bills of significance on this topic include: a. SB 7 (Prevailing wage) b. SB 311 (Local elections and charter amendments) c. AB 325 (Housing element litigation) d. SB 562 (Economic development subsidies) e. SB 537 (Impasse procedures) 10. Proposition 13 reform as it relates to ownership transfers of commercial properties 11. Sustainability efforts including the advocacy for non-Green House Gas (GHG) emitting energy 12. CalPERS and the advocacy of policies that promote its long-term stability 13. General 2016 legislative forecast a. Challenges and opportunities Palo Alto greatly appreciates the significant and targeted efforts by Assembly Member Gordon and his office during this year’s legislative session. In particular, Assembly Member Gordon’s support of Palo Alto’s commitment to a carbon neutral portfolio (which could have seen unintended impacts imposed by a 50% Renewable Portfolio Standard for the electric utility which is over 50% large hydro generation in a wet year) resulted in language in Senate Bill 350 that (1) ensures a carbon neutral portfolio; (2) encourages continued early action on the part of the City; and (3) provides protection from runaway costs where the City is taking all the right steps to ensure a carbon neutral portfolio that is 50% or more eligible renewable. Department Head: Beth Minor, City Clerk Page 2 City of Palo Alto (ID # 6210) City Council Staff Report Report Type: Study Session Meeting Date: 10/19/2015 City of Palo Alto Page 1 Council Priority: Emergency Preparedness Summary Title: Winter Preparedness Update Title: Council Update on Staff Actions in Preparation for 2015-16 Winter Storm Season From: City Manager Lead Department: Public Works Recommendation Staff has prepared the following report to inform Council of actions being taken in preparation for the upcoming 2015-16 El Niño winter storm season. No Council action is required. Background Over the past several months, the National Weather Service has identified a pattern of increasingly elevated sea surface temperatures in the Pacific Ocean, creating a climatic condition known as El Niño. Based on the dynamics of the pattern to-date, the Weather Service has predicted a high likelihood that a strong El Niño pattern will persist through next spring. A strong El Niño (defined as measured sea surface temperatures at least 1.5° above average) typically results in above-average rainfall for the Bay Area and the rest of California. This year’s El Niño conditions are the strongest since the winter of 1997-98, which produced widespread flooding throughout California and the flood of record for San Francisquito Creek. Although forecasters cannot reliably predict weather patterns beyond 7 to 10 days, the Weather Service’s Climate Prediction Center (CPC) issues probabilistic long-term forecasts based on multiple computer weather models. Two such forecasts are provided for reference as Attachment A. The first map depicts the CPC’s prediction that for the period of Oct-Nov-Dec 2015, there is an equal chance (33%) of above-average precipitation, below-average precipitation, City of Palo Alto Page 2 or average precipitation totals for the Bay Area. The second map depicts their prediction that for the period of Jan-Feb-Mar 2016, there is a 40-50% chance of above-average precipitation totals for the Bay Area. It should be noted that the long-term prediction of above-average rainfall for early 2016 is greater (60%+) for far southern California. As a result of the emergence of El Niño conditions and the Weather Service’s climatic outlook, City staff, in cooperation with neighboring jurisdictions and the San Francisquito Creek Joint Powers Authority (JPA), are taking proactive steps to prepare for the potential of large storm events this winter. Discussion The following is a summary of winter preparedness activities undertaken to-date and planned for the duration of the winter storm season: 1. Storm drain system and tree maintenance performed by PW Public Services Division: Ongoing Tasks o Hydroflushing of storm drain pipelines (on-schedule) o Inspection and pruning of street trees (ahead of schedule) o Inspection and clearing of tree branches around overhead electric lines (ahead of schedule) Completed Tasks o Inspection of all storm drain outfalls and servicing of flap gates o Installation of five flap gates on storm drain outfalls draining to San Francisquito Creek to prevent backflow of creek water onto low-lying streets during periods of high creek levels o Installation of reflective stream stage marker at upstream face of Pope/Chaucer Street bridge over San Francisquito Creek showing water depth and percent of channel capacity (see photo – Attachment B) o Restoration of eroded earthen levee upstream of Pope/Chaucer Street bridge (see photos – Attachment C) o Update of software and graphics for the Creek Monitor Web Page (www.cityofpaloalto.org/creekmonitor) City of Palo Alto Page 3 o Testing of all storm water pumps and motors o Minor repairs to damaged pipelines and catch basins o Inspection and cleaning of all trash capture devices Future Tasks o Inspection and cleaning of all storm water pump station wet wells (by 11/1) o Inspection and cleaning of all storm drain catch basins (by 11/30) o Inspection and testing of all portable water pumps (by 11/30) o Inspection and cleaning of Palo Alto Flood Basin tide gate (by 11/30) 2. Set-up and stocking of filled or self-service sand bag stations (see sandbag station map – Attachment D) Palo Alto Airport (stocked by Santa Clara Valley Water District). See live webcam at: http://www.valleywater.org/services/PaloAltoSandbagWebcam.aspx Mitchell Park, behind Little League field (stocked by CPA Public Works) Rinconada Park tennis court parking lot, Hopkins Ave. at Newell Road (stocked by CPA Public Works) City crews have filled approximately 3,400 sand bags to-date and will continue to fill additional sand bags for use at the stations stocked by the City. We will provide many more filled sand bags than have been available in previous years. Filled sand bags will also be made available at the Pope- Chaucer Street Bridge prior to predicted large storm events. 3. Creek clearing and vegetation management Santa Clara Valley Water District o Responsible for creek maintenance where they own right-of-way or hold flood control easements granted by City or private property owners o Maintains improved creek reaches (most of Matadero, Barron, and Adobe Creeks, and San Francisquito Creek downstream of Marlowe Street) o Applied water-safe herbicide to manage vegetation in lined channels o Responds to downed trees and blockages during storm events City of Palo Alto Page 4 City of Palo Alto o Responsible for creek maintenance adjacent to public streets or parks (e.g. San Francisquito Creek along Palo Alto Avenue, Barron Creek along Los Robles Avenue, Matadero Creek through Bol Park) o Removed overgrown vegetation on Barron Creek at Arastradero Road o Removed debris and select vegetation along San Francisquito Creek, including the reach downstream of Marlowe where private property owners own to the creek centerline and the Water District holds flood control easements. This year’s vegetation management efforts have been more intensive than in past years (see creek maintenance walk discussion below). Private property owners o Responsible for maintenance of creek segments on their property if they have not granted a flood control easement to the Santa Clara Valley Water District Caltrans o Removed excess accumulated sediment from beneath the Highway 101/East Bayshore Road/West Bayshore Road bridges over San Francisquito Creek and completed replacement of the bridge segment carrying southbound Highway 101 traffic as part of the Highway 101/San Francisquito Creek Bridge Replacement Project in order to facilitate creek flow Annual multi-agency maintenance walk along San Francisquito Creek o This year’s walk, coordinated by the San Francisquito Creek JPA, was held August 19 o Identified vegetation or debris to be removed from the creek prior to the onset of winter to prevent stream flow blockages o This year, agencies took a more aggressive approach at vegetation removal, working within the constraints of environmental and regulatory restrictions. Vegetation management focused on cutting up downed trees and branches and the removal of non-native vegetation using hand tools. o Work items were assigned to responsible agencies based on jurisdictional boundaries and land ownership/easements (see action City of Palo Alto Page 5 item list – Attachment E) o Action items completed by October 15 4. San Francisquito Creek levee maintenance JPA and member agencies considering early action tasks (e.g. temporary floodwalls, raising isolated levee low spots, etc.) to maintain and restore San Francisquito Creek flow capacity JPA and member agencies considering execution of an on-call emergency response contract that could be shared by all JPA members on an as- needed basis 5. Public Outreach and Engagement City is distributing its annual “Winter Storm Preparedness” bill insert to City of Palo Alto Utilities customers during October 2015 (Attachment F) Public Information Officers from JPA member agencies developed an informational brochure with flood management projects updates and winter storm preparedness tips (Attachment G). The brochure was mailed to all households and businesses in the San Francisquito Creek floodplain and within 1,500 feet of the creek. The City established a unified web page portal for winter storm preparedness and real-time storm information: www.cityofpaloalto.org/storms 6. Early Flood Warning System The City and the JPA secured grant funds from the State of California Department of Water Resources to develop and implement a San Francisquito Creek watershed early flood warning system, including new rainfall and stream flow gauges in the upper watershed and a new user- friendly web site. The web site (www.sfcjpa.org/floodwarning), which was recently released for public viewing, provides several hours advance warning of potential creek flooding based on stream flow data collected in the upper watershed. The interactive site also allows users to enroll in automated e-mail and text updates and upload reports and images for emergency responders. City of Palo Alto Page 6 7. Inter-Agency Emergency Planning/Response Coordination Continued implementation of a Multi-Agency Coordination (MAC) framework to coordinate emergency response actions amongst JPA member agency emergency managers and County Office of Emergency Services staff in both counties Established protocol for reciprocal notifications when Emergency Operations Centers are activated Developing protocols for mutual aid among public works departments 8. Emergency Manager/Responder Training Bay Area Urban Shield Exercise on September 11 included storm/flood elements Palo Alto Emergency Services Volunteer Program participants will receive storm/flood safety training on October 24 and November 14 Regional winter preparedness briefing hosted by the Santa Clara Valley Water District on October 29 Winter Storm Preparedness Tabletop Exercise hosted by City of Palo Alto Office of Emergency Services on November 12 San Francisquito Creek Multi-Agency Coordination Regional Winter Storm/Flood Workshop & Tabletop Exercise hosted by the Menlo Park Fire Protection District on December 4 Attachments: ATTACHMENT A - National Weather Service winter precipitation outlook (PDF) ATTACHMENT B - New reflective stream gauge at Pope-Chaucer Street Bridge (PDF) ATTACHMENT C - Levee repairs upstream of Pope-Chaucer Street Bridge (PDF) ATTACHMENT D - City of Palo Alto sand bag station map for Winter 2015-16 (PDF) ATTACHMENT E - San Francisquito Creek maintenance walk spreadsheet 2015 (PDF) ATTACHMENT F - City of Palo Alto October 2015 winter preparedness utility bill insert (PDF) ATTACHMENT G - JPA-SCVWD October 2015 Flood Preparedness Brochure (PDF) Attachment A National Weather Service Precipitation Outlook for October‐November‐December 2015 Attachment A National Weather Service Precipitation Outlook for January‐February‐March 2016 Attachment B New reflective stream gauge at Pope‐Chaucer Street Bridge showing water depth and % full (creek at top of culvert arch @16 feet = approx. 62% full) Attachment C Restored levee upstream of Pope‐Chaucer Street Bridge N and unfilled sandbags) MITCHELL PARK, 600 E. MEADOW DRIVE Water District-sponsored sites (filled sandbags) PALO ALTO AIRPORT, adjacent to Terminal Bldg. City-sponsored sites (sand stockpile SANDBAG STATIONS Winter 2015-16 SITES TO BE STOCKED BY OCTOBER 1, 2015A 1 A 1 (PARKING LOT BEHIND LITTLE LEAGUE FIELD) View the web cam of the SCVWD Sand Bag Station at http://www.valleywater.org/services/PaloAltoSandbagWebcam.aspx 2 RINCONADA PARK TENNIS COURT PARKING LOT2 (INTERSECTION OF HOPKINS AVENUE AND NEWELL ROAD) SAN FRANCISQUITO CREEK WINTER PREPAREDNESS WALK, AUGUST 19 and 20, 2015 ATTACHMENT E Maintenance Jurisdiction Site No. Description Location Assigned Action DAY 1 El Camino Real to Highway 101 PA 1 Tree Limbs El Palo Alto Park Cut to 6' sections, leave in place PA/MP 2 Non-Native Acacia (all)El Palo Alto Park to Middlefield Stump and cut to 6' sections, leave in place PA/MP 3 Willow Growth (tagged only)El Palo Alto Park to Middlefield Cut back to 4' stumps, leave in place PA/MP 4 Overnight Campsites El Palo Alto Park to Middlefield Report to police departments for noticing. Remove remaining debris. PA 5 Multi-stem Eucalyptus 119 Bryant Cut back to 4' stumps, leave in place MP 6 Fallen Oak 66 Willow Place Cut and section large branch MP 7 Tire in channel 66 Willow Place Remove PA 8 Chair in channel 66 Willow Place Remove MP 9 Fallen Oak Sunset Magazine Cut to 6' sections, leave in place MP 10 Eucalyptus Sunset Magazine Stump and cut to 6' sections, leave in place MP 11 Bathtub in channel Just upstream of Middlefield Remove PA 12 Acacia Just downstream of Middlefield Stump and cut to 6' sections, leave in place PA 13 Eucalyptus 750 Palo Alto Ave Stump and cut to 6' sections, leave in place PA/MP 14 Willow Growth (tagged only)Guidina to Fulton Cut back to 4' stumps, leave in place SAN FRANCISQUITO CREEK WINTER PREPAREDNESS WALK, AUGUST 19 and 20, 2015 ATTACHMENT E MP 15 Willow Growth (tagged only)6 Russel Ct Cut back to 4' stumps, leave in place PA 16 Willow Growth (tagged only)Everett Ave to Chaucer St Cut back to 4' stumps, leave in place MP 17 Dead Tree 8 Russel Ct Stump and cut to 6' sections, leave in place MP 18 Dead Tree 3 Russel Ct Stump and cut to 6' sections, leave in place PA 19 Acacia and Eucalyptus 970 Palo Alto Ave Stump and cut to 6' sections, leave in place PA 20 Poplar in channel 970 Palo Alto Ave Stump and cut to 6' sections, leave in place PA 21 Car battery 980 Palo Alto Ave Remove PA 22 Willow Growth (tagged only)Hale Water Tank Cut back to 4' stumps, leave in place MP 23 Willow Growth (tagged only)Laurel Ave Cut back to 4' stumps, leave in place MP 24 Acacia Laurel Ave Stump and cut to 6' sections, leave in place PA/MP 25 All visable overgrowth Just upstream of Pope-Chaucer bridge Cut back to 4' stumps, leave in place PA 26 Fallen Branches Just downstream of Pope-Chaucer Cut to 6' sections, leave in place PA/MP 27 Willow Growth (tagged only)Pope-Chaucer to Menalto Cut back to 4' stumps, leave in place PA 28 Dead Tree 1/2 way between Chaucer and Menalto Cut in half PA 29 Acacia Downstream of Menalto Stump and cut to 6' sections, leave in place PA/MP 30 Willow Growth (tagged only)Downstream of Menalto Cut back to 4' stumps, leave in place PA/MP 31 Poplar in channel Downstream of Menalto Cut back to 4' stumps, leave in place MP 32 Acacia Downstream of Menalto Cut to 6' sections, leave in place MP 33 Fallen Branch Maple Street Cut in half SAN FRANCISQUITO CREEK WINTER PREPAREDNESS WALK, AUGUST 19 and 20, 2015 ATTACHMENT E MP 34 Fallen Acacia 1000 ft upstream of Emma Cut back to 4' stumps, leave in place SCVWD 34 Willow on Toe Euclid Evaluate for future action SMCFCD 35 Dead Redwood on concreate structure 1501 Woodland Ave, on south- west corner of concrete structure Stump and cut to 6' sections, leave in place PA 36 Willow Growth (tagged only)University Circle Cut back to 4' stumps, leave in place SMCFCD 37 Willow Growth (tagged only)Just upstream of University Cut back to 4' stumps, leave in place SCVWD 38 Tree of Heaven 500 ft downstream of Southwood Cut back to 4' stumps, leave in place EPA 39 Large Eucalyptus (3) along toe 1000 ft upstream of Cooley Evaluate for future action SMCFCD 40 Willow Growth (tagged only)Just upstream of Cooley Cut back to 4' stumps, leave in place SMCFCD 41 Dead Poplar Just upstream of Cooley Stump and cut to 6' sections, leave in place SMCFCD 42 Willow Growth (tagged only)Woodland at Cooley Cut back to 4' stumps, leave in place SMCFCD 43 Fallen Tree 1375 Woodland Stump and cut to 6' sections, leave in place SMCFCD 44 Big Willow Just upstream of Newell Stump and cut to 6' sections, leave in place SCVWD 45 Willow Growth (tagged only)Newell to Clarke Ave Cut back to 4' stumps, leave in place SMCFCD 46 Fallen Branch 1000 ft upstream of Clarke Ave Cut to 6' sections, leave in place SMCFCD 47 Fallen Tree Woodland at Clarke Ave Cut to 6' sections, leave in place PA 48 Willow in sacked concrete 1687 Edgewood Drive Stump and cut to 6' sections, leave in place DAY 2 Sand Hill Rd to El Camino Real MP 49 Fallen Eucalyptus Just downstream of Sand Hill Rd Cut to 6' sections, leave in place MP 50 Eucalyptus Branch 300 ft downstream of Sand Hill Rd Cut to 6' sections, leave in place SAN FRANCISQUITO CREEK WINTER PREPAREDNESS WALK, AUGUST 19 and 20, 2015 ATTACHMENT E SCVWD 51 Eucalyptus Branch Oak Creek Apartments Bld 2 Cut to 6' sections, leave in place MP 52 Fallen Eucalyptus Oak Creek Recycling Enclosure Stump and cut to 6' sections, leave in place MP 53 Large Rootwads and cut limbs 1735 Bay Laurel Leave rootwads, section large branches MP 54 Fallen Cottonwood 1865 Oak Knoll Cut to 6' sections, leave in place SCVWD 55 Eucalyptus Branch 1865 Oak Knoll Leave trunk at bank, section ends MP 57 Fallen Eucalyptus 1365 Bay Laurel Cut to 6' sections, leave in place MP 58 Fallen Tree 1235 Bay Laurel Cut to 6' sections, leave in place Stanford 59 Fallen Eucalyptus Children's Health Council Cut to 6' sections, leave in place MP 60 Willow Growth (tagged only)Along Allied Arts Property Cut back to 4' stumps, leave in place Stanford 61 Bicycle and Sleeping Bag Vi Senior Housing Remove from channel MP 62 Fallen Tree 1064 Creek Drive Cut to 6' sections, leave in place Stanford 63 Willow Growth (tagged only)Ronald McDonald House Cut back to 4' stumps, leave in place Stanford 64 Fallen Tree of Paradise Ronald McDonald House Cut to 6' sections, leave in place Stanford 65 Mattress Ronald McDonald House Remove from channel MP/PA 66 Willow and other growth Creek Drive @ University to ECR Cut back to 4' stumps, leave in place 1 Keep insurance policies, documents and other valuables in a safe deposit box. 2 Know yo flood ur flood zone designation and your specific ha high-riskzard. Obtain flood insurance if you are in a flood area. Homeowner insurance policies ver don't co flood damage. 3 Know safe routes from your home and office to high ground. 4 Discuss emergency plans with your family. 5 Plan in advance to assist your neighbors or have them help you needs, . Plan for those with access and functional mobility problems or other disabilities. 6 Enter Cit your y phone numbers (listed on reverse side) in cell phone. phone and post this flyer by your landline 7 Obtain sandbags (available at Palo Alto sites starting Oct. 1), plywood, plastic sheeting, and other cy emergen building materials well in advance and dy for keep han waterproofing. 8 Store the following supplies at work, home and in your car in accessible locations: • First aid kit and essential medicines • Food (packaged, dried, canned and for special diets) • Non-electric can opener • Cash (ATMs may not work) • Portable radio, flashlights and extra batteries (stored in water-tight plastic bag) • Drinking water stored in closed, clean containers (allow one gallon per person per day for at least three days) 9 Keep your car fueled in the event filling stations are inoperable. 10 Help keep our creeks and Bay clean by never dumping into a catch basin. Prevent storm drain blockages by keeping leaves and other debris out of streets, gutters and catch basins. 1 Tune to local radio or television stations for emergency information and instructions. 2 Please do NOT call 9-1-1 unless there is an imminent threat to life or another serious emergency. Downed trees and drainage issues can be reported via the phone numbers listed on the reverse side. 3 If flooding is likely, and time permits, move valuable household possessions from the floor. 4 Do not drive across a flooded road – you could become stranded. 5 If your car stalls in rising water, abandon it IMMEDIATELY and seek higher ground if you can do so safely. 6 If advised by local authorities to leave your home or perceive the need to do so, move to a safe area before access is cut off or it is otherwise unsafe to leave. 7 Do not enter areas blocked off by local authorities. 8 Never use a generator inside the house, garage or near windows, as CO gas can build up and kill those inside. 1 If you have evacuated, return home only after authorities advise it is safe to do so. Keep tuned to your local radio and TV stations for recovery information. 2 Avoid disaster areas, especially flooded roads and washed-out bridges. Continue to monitor all forms of media to stay informed. 3 Use flashlights – NOT lanterns, matches or candles – to examine buildings; flammables may be present. 4 Avoid downed power lines and broken gas lines. Report them IMMEDIATELY to the City (see reverse side for phone numbers). 5 Do not handle live electrical equipment in wet areas. If electrical equipment or appliances have been in contact with water, have them checked before use. 6 DO NOT TURN GAS BACK ON YOURSELF. Wait for a City of Palo Alto Utilities crew. 7 Do not use fresh foods or canned goods that have come in contact with floodwaters. 8 Follow local instructions regarding the safety of drinking water. If in doubt, boil or purify water before drinking. 9 Before making building repairs, check with the City’s Development Center for “substantial damage” regulations. BEFORE the storm DURING the storm AFTER the storm Get involved. Help your neighborhood be more prepared. Learn more: www.cityofpaloalto.org/emergencyvolunteers WINTER STORM PREPAREDNESS TIPS Santa Clara County’s Emergency Alert System (AlertSCC) allows City officials to quickly send personalized voice, text, or e-mail messages to thousands of residents and businesses through a single announcement. To sign up for automated notifications from the City of Palo Alto, go online to www.alertscc.com ARE YOU READY? PANTONE 032 red BLACK 1 The Office of Emergency Services Recommends: INFORMATION IT PAYS TO BE PREPARED. For more information about winter storm preparedness, visit www.cityofpaloalto.org/storms SIMPLE STEPS FOR PREPAREDNESS LOCAL WINTER STORM PREPAREDNESS El Niño Update The National Weather Service has identified a pattern of elevated sea surface temperatures in the Pacific Ocean, which creates a climatic condition known as El Niño. The Weather Service has predicted a high likelihood that a strong El Niño pattern will persist through next spring. A strong El Niño typically results in above-average rainfall for the Bay Area and the rest of California. It's difficult to predict what this year's winter weather will bring, but as always it is wise to prepare for the possibility of severe winter storms and flooding. Web-Based Weather and Creek Level Information As in year's past, Palo Alto residents with internet access can monitor creek levels and local weather trends by visiting the Creek Monitor website at www.cityofpaloalto.org/earlywarning. The Creek Monitor provides real- time graphical information on creek levels at five specific locations, rainfall rates and totals at Foothills Park, and Bay tide levels. This year, the San Francisquito Creek Joint Powers Authority (JPA) is unveiling a new Early Flood Warning website www.sfcjpa.org/floodwarning for the San Francisquito Creek watershed that takes advantage of rainfall and stream flow data collected in the upper watershed, which provides advance warning of potential flooding conditions. The new website also provides the opportunity to sign up for automated text or email messages specific to the threat of San Francisquito Creek flooding. Details on www.cityofpaloalto.org/preparedness Make a Plan: Develop a plan for your household, business or other organization. This should include contingencies such as having to evacuate with little or no warning, how to reunify with your loved ones, etc. Build a Kit: Keep needed emergency supplies in your home, at work and in your car. Stay Informed: Information is critical for you to make good decisions during a crisis. See the Resource List below for various ways to stay informed. Get Involved: Palo Alto's Emergency Services Volunteers (ESVs) are trained on how to help during floods, storms, earthquakes, and other emergencies, including day-to-day crime prevention. Put your skills to work for the good of the community. City of Palo Alto Public Safety: www.cityofpaloalto.org/publicsafety Palo Alto COMMUNITY ALERTS: Emergency alerts to your phone, email, etc.: www.AlertSCC.com Radio stations: KCBS 740 AM/106.9 FM KZSU 90.1 FM (650) 329-2420 (recorded message) Public Safety Social Media: www.cityofpaloalto.org/PAPDconnect Real-time creek level information: www.cityofpaloalto.org/storms Sandbag locations: (Starting 10/1/15) Palo Alto Airport (end of Embarcadero Road) Mitchell Park (600 E. Meadow Drive) Rinconada Park (Hopkins Avenue at Newell Road) Online weather information: www.wrh.noaa.gov/mtr Power outage and electrical problems: Palo Alto Electric Operations (650) 496-6914 Gas/water leaks and sewer spills: Palo Alto Utilities Dispatch (650) 329-2579 Blocked storm drains and mud slides: Palo Alto Public Works (650) 496-6974 (weekdays 7 a.m. to 4 p.m.) (650) 329-2413 (after hours) Fallen trees: Palo Alto Public Works (650) 496-5953 (weekdays 7 a.m. to 4 p.m.) (650) 329-2413 (after hours) Fire/Police: (650) 329-2413 (non-emergency) 911 (emergency only) Road conditions: Caltrans Traffic Info http://quickmap.dot.ca.gov/ Caltrans (800) 427-7623 Flood zone information and copies ofFEMA Elevation Certificates: (650) 329-2295 www.cityofpaloalto.org/gov/ depts/pwd/stormwater/floodzones.asp R E S O U R C E L I S T Individuals with disabilities who require accommodations to access 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 the City’s ADA Coordinator at (650) 329-2550 (voice) or e-mail ada@cityofpaloalto.org Printed on 100% post-consumer recycled paper, bleached without chlorine. 10/15 This flier contains City of Palo Alto suggestions for things you and your family can do to prepare for the possibility of flooding. PANTONE 032 red BLACK 1 ! 1 Historical flood photos SFCJPA.ORG Dear Neighbor: With predictions of strong El Niño storms this winter season, your local public agencies are working together to prepare San Francisquito Creek for high flows. In this mailer, you’ll find important information about our preparedness efforts and actions you can take as a resident along the creek and in the flood zone. Immediate creek improvements During a creek-walk this fall, we identified short-term improvements to prepare the creek for high flows. Fallen trees and debris will be removed to allow the creek to hold more water during a storm. Eroded creek banks are being filled in and reinforced. We are working to identify locations along the top of the creek bank to add sandbags. The existing shotcrete floodwalls (sandbags covered with concrete) downstream (east) of Highway 101 will be extended and flap gates will be installed at flood-prone storm drains to keep the water from overflowing into the streets. We’ve also made improvements to our flood prediction and flow tracking technology. The creek level gauges and webcams have been checked and are functioning properly. Additional rainfall and stream flow gauges and an early warning system were installed along the creek west of Highway 280. This technology will provide us with advanced warning of potential flooding and allow both Santa Clara and San Mateo counties to coordinate their planning and flood response activities. A new early warning website will be operational by the end of October at www.sfcjpa.org/ floodwarning. Long-term flood protection project underway In addition to the short-term creek improvements, we are in the midst of a multifaceted flood protection project. The San Francisquito Creek Flood Protection, Ecosystem Restoration and Recreation project is underway to provide 100-year creek flood protection* to more than 5,700 homes and businesses in Palo Alto, Menlo Park and East Palo Alto. The project is part of the San Francisquito Creek Joint Powers Authority’s (SFCJPA) comprehensive plan to provide 100-year flood protection from both creek and tidal flooding. The ultimate objective is to remove homes and businesses from the 100-year Federal Emergency Management Agency (FEMA) flood zone and eliminate the requirement to purchase flood insurance. The project is divided into two segments, from the San Francisco Bay to Highway 101 and upstream of Highway 101. Your neighborhood will benefit from the work planned in the Bay to Highway 101 segment. For more information, see the inside of this mailer or visit www.sfcjpa.org. *A 100-year flood has a one percent chance of occurring in any given year or the likelihood of occurring once every 100 years. JOINT POWERS AUTHORITY5750 Almaden Expressway San Jose, CA 95118-3614 www.valleywater.org © 2015 Santa Clara Valley Water District • 9/2015, JL/EA Space for mailing address XXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXX Digital mailing code Estimado vecino: Con predicciones de fuertes tormentas de El Niño en esta temporada de invierno, sus organismos públicos locales están trabajando juntos para preparar el arroyo para caudales altos. En este anuncio publicitario, encontrará información importante acerca de nuestros esfuerzos de preparación y las acciones que puede tomar como residente a lo largo del Arroyo San Francisquito y en la zona de inundación. Mejoras inmediatas al arroyo Después de un paseo por el arroyo este otoño, identificamos mejoras inmediatas para preparar al arroyo para caudales altos. Los árboles caídos y escombros han sido identificados y serán removidos para permitir que el arroyo pueda contener más agua durante una tormenta. Las orillas erosionadas del arroyo están siendo rellenadas y reforzadas. Estamos trabajando para identificar lugares a lo largo de la orilla del arroyo para añadir sacos de arena. Los muros de contención de hormigón proyectado existentes (sacos de arena llenos de concreto), cerca de la Autopista 101 se extenderán y se instalará una trampilla en drenaje pluvial propenso a inundaciones para evitar que el agua se desborde a la calle. También hemos hecho mejoras a nuestra tecnología de seguimiento y predicción de inundaciones. Los indicadores del nivel del agua del arroyo y la cámara web han sido inspeccionados, y todos ellos funcionan adecuadamente. Se instalaron medidores de lluvia adicionales y un sistema de alerta temprana a lo largo del arroyo, al oeste de la Autopista 280. Esta tecnología nos proporcionará una advertencia previa del peligro de inundaciones y permitirá que los condados de Santa Clara y San Mateo coordinar sus actividades de planificación y respuesta a las inundaciones. Un nuevo sitio web de alerta estará en funcionamiento a finales de octubre al www.sfcjpa.org/floodwarning. Proyecto de protección contra inundaciones a largo plazo en curso Además de las mejoras inmediatas al arroyo, nos encontramos en medio de un proyecto de protección contra inundaciones polifacético. Una vez completo, el Proyecto de Protección contra Inundaciones, Restauración de Ecosistemas y Recreación del Arroyo San Francisquito brindará protección contra inundaciones a más de 5,700 casas y negocios en Palo Alto, Menlo Park e East Palo Alto. El proyecto polifacético se divide en dos segmentos, de la Bahía de San Francisco a la Autopista 101 (Bahía a 101) y aguas arriba de la Autopista 101. Su vecindario se beneficiará de las obras previstas en el segmento de la Bahía a la Autopista 101. Para obtener más información, consulte el interior de este anuncio publicitario o visite www.sfcjpa.org. *Una inundación a 100 años tiene una probabilidad del uno por ciento de ocurrir en cualquier año dado o la probabilidad de que ocurra una vez cada 100 años. JOINT POWERS AUTHORITY PRSRT STD U.S. POSTAGE PAID SAN JOSE, CA Permit No. 1231 SAN FRANCISQUITO CREEKJOINT POWERS AUTHORITY Contact Us (650) 324-1972 jpa@sfcjpa.org www.sfcjpa.org For any emergency, call 9-1-1. Importante: • Maneras de preparar antes, durante y después de una inundación • Ubicaciones de sacos de arena y información sobre el seguro contra inundaciones • Ultimas noticias sobre el proyecto de protección contra inundaciones Important: • Ways you can stay safe before, during and after a flood • Sandbag locations and flood insurance information • Update on your neighborhood flood protection project Do you need flood insurance? Did you know that your basic homeowners insurance does not cover losses from flooding? The federal government offers disaster assistance in the form of reconstruction loans only in a declaration of a federal emergency. Unlike disaster loans, you won’t need to repay money from flood insurance. Federal law requires flood insurance if you have a federally regulated mortgage and your building is in an area shown on maps prepared by the Federal Emergency Management Agency (FEMA) as subject to flooding during a one percent flood event. All communities in Santa Clara County participate in FEMA’s National Flood Insurance Program, which means that you can purchase flood insurance to protect your property from the hazards of flooding. Lenders are legally responsible for determining if flood insurance is required for a loan, but your city will provide assistance in reading and interpreting the FEMA Flood Insurance Rate Map and provide information about FEMA elevation certificates. There is a 30-day waiting period before flood insurance takes effect. Contents coverage is separate, so renters and businesses can insure their belongings. Contents coverage is also available to homeowners separately from the required structural coverage. Securing both policies will cover your building and your belongings in case of a flood. Most insurance agents sell both. Tips on how to fill a sandbag and build a sandbag barrier Work with another person and fill the bag to just one-third full. Fold over the open end of the bag in a triangle. Place a line of bags with the folded side up and facing the direction of water flow. Stomp each bag into place. Like you would bricks, stagger the next layer of bags over the folded tops. Stomp each layer of bags. To give the structure stability, the base should be 1.5 times wider than the height. (Example, 6 ft. wide by 4 ft. high) In locations where water could rise with no current, lay sheeting plastic on the ground and up to the walls, and form a half pyramid of sandbags. Cover doors and vents with plywood. A B C D Winter Preparedness Working to lower your rates In addition to flood protection projects that are designed to remove properties from the flood zone, education and other flood-risk reduction efforts help to lower your insurance premiums through FEMA’s Community Rating System. This is a voluntary incentive program that recognizes communities for implementing practices that exceed the Federal minimum requirements. In exchange for a community’s proactive efforts to reduce flood risk, policyholders can receive reduced flood insurance premiums. Contact your city to learn more about how your flood insurance rates are being reduced. 1. East Palo Alto: City maintenance yard, 150 Tara Rd. 2. Menlo Park: on the median at the intersection of Laurel Ave. and Pope St. 3. Menlo Park: Parking lot at Alma St. and Burgess Dr. 4. Menlo Park: Fire station No. 77, 1467 Chilco St. 5. Palo Alto*: Palo Alto Air Terminal, 1925 Embarcadero Rd. 6. Palo Alto: Rinconada Park Tennis Courts, Newell Rd. and Hopkins Ave. 7. Palo Alto: Mitchell Park, 600 E. Meadow Dr. *Palo Alto Sandbag Webcam: http://www.valleywater.org/services/PaloAltoSandbagWebcam.aspx 6 5 7 1 2 MENLO PARK 3 EAST PALO ALTO PALO ALTO 101 101 4 Filled and unfilled sandbag stations While the chances seem slim for a flood in the one percent floodplain (the area designated by FEMA that has a one percent chance of flooding in any given year), the real odds of a one percent flood are greater than one in four during the length of a 30-year mortgage. Did you know... Flooding can happen during intense rainfalls but typically occurs after several days of heavy rain that saturates the ground. It can strike quickly with little or no warning. When creeks overbank or flood, the floodwater typically flows swiftly through neighborhoods and away from streams. Dangerously fast-moving floodwaters can flow thousands of feet away from the flooded creek within minutes. AfterDuringBefore Are You Flood Safe? • Listen for news reports on whether the community’s water supply is safe to drink. • Never walk, swim, drive or play in floodwater. Oil, gasoline or raw sewage may have contaminated the water. Underground or downed power lines may also have electrically charged the water. • Stay away from downed power lines and report them to your power company. • Return home only when authorities indicate it is safe. • Service damaged septic tanks, cesspools, pits and leaching systems as soon as possible. Damaged sewage systems are serious health hazards. • Clean and disinfect everything wet. Mud left from floodwater can contain sewage and chemicals. • Any repairs or improvements greater than 50 percent of a structure’s value need to meet National Flood Insurance Program requirements. • Be aware that flash flooding can occur. If a flood is imminent, avoid low-lying areas and seek shelter in the highest area possible. • Tune your radio to 740 AM, 90.1 FM and 106.9 FM for emergency information. • If advised to evacuate, do so immediately. Turn off utilities at the main switches or valves. Disconnect electrical appliances. Do not touch electrical equipment if you are wet or standing in water. Evacuation is easier and safer before floodwaters become too deep. • Moving water is dangerous. Six inches of moving water can make you fall. If you have to walk in water, walk where it is not moving. Use a stick to check the firmness of the ground in front of you and to aid in balance. • Do not drive into flooded areas. If floodwaters rise around your car, abandon the car and move to higher ground. A foot of water will cause many vehicles to float. Two feet of rushing water can carry away most vehicles, including SUVs and pick-ups. • Designate a family meeting spot and prepare a family disaster plan and emergency kit for your home and car with supplies. Store important documents and valuables in a safe deposit box. • Seal cracks in your home’s foundation, home exterior walls and small openings around pipes. • Gather building materials like plywood, plastic sheeting and sandbags. • Construct barriers to stop floodwater from entering the building. • Keep rain gutters and drainage channels free of debris. Tarp or seed unvegetated slopes on your property. • Know your neighborhood streams and drainage channel locations and learn the best route to high ground. • Learn how to turn off house utilities. • Keep your car’s gas tank full. Important numbers For any emergency call 9-1-1. To report street flooding or blocked storm drains: Palo Alto 650.496.6974 www.cityofpaloalto.org/stormsEast Palo Alto 650.321.1112 Menlo Park 650.330.6300 To find out about flood insurance, call 1.888.724.6978 or visit floodsmart.gov to find a local agent. Flooding can happen. What to do... Flood Protection | Ecosystem Restoration | RecreationSan Francisquito Creek Project background The watershed and floodplain of San Francisquito Creek encompasses approximately 50 square miles from the Santa Cruz Mountains to San Francisco Bay, with the creek serving as the border between the Santa Clara and San Mateo counties. San Francisquito Creek has flooded on multiple occasions, most recently in December 2012. The largest recorded flood occurred on February 3, 1998, when more than 1,700 homes and businesses were impacted, resulting in $28 million in damages. It was after the historic flood of 1998 that the cities of Palo Alto, Menlo Park and East Palo Alto, the San Mateo County Flood Control District and the Santa Clara Valley Water District joined together to create the San Francisquito Creek Joint Powers Authority (SFCJPA). In addition to addressing issues of flooding, the SFCJPA projects also provide ecosystem restoration and enhance recreational opportunities. 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Pasteur D r Vineyar d L n Qu a r r y R d E x t Sam M c d o n a l d M a l l Campus D r i v e Stanford Univ San d H i l l R d Quar r y R d Al m a Laur e l Mid d l e e l d R d Gilbert Po p eMe n a l t o Wo o d l a n d Ce n t r a l Elm Cr e e k Sem i n a r y Oak Pine O’Keefe Durham O’Connor Oak G r o v e Linf i e l d Chester San t a M o n i c a Hai g h t Rav e n s w o o d Nash Noe l Co n c o r d Burg e s s Red w o o d San t a M a r g a r i t a Me r r i l l Colem a n Mck e n d r y Rob i n Ma r m o n a Le x i n g t o n Han n a Mar c u s s e n Wav e r l e y Res i d e n t Tre n t o n No v a Gra y s o n Black b u r n Elliott By e r s Eu c l i d Ho p k i n s Mor g a n Arn o l d Clove r Pearl Ba r t o n K e n t Cla r e m o n t Em m a Cha p e l Elmw o o dAdl e r Bra d y Oak La u r e l La u r e l Arn o l d She r w o o d Wa v e r l y Pu l g a s A v e Mid d l e f i e l d R d Cla r k e A v e Co o l e y A v e Wi s t e r i a D r Sta t e H i g h w a y 1 0 9 Az a l i a D r Beech St Ca p i t o l A v e E B a y s h o r e R d O'Connor St Garden St Donohoe St W B a y s h o r e R d Bell St Eu c l i d A v e E O'keefe St C a m e l l i a D r Oaks St Ta t e S t Toyon R d Green St Myrtle St Arlin g t o n W y La r k s p u r D r Lin c o l n S t Cole m a n A v e Schembri Ln Ja s m i n e W y Cypress St Sage St Wilks St Gates St Ma n h a t t a n A v e Ma d r o n e R d Penins u l a W y Scofield St Reb e c c a L n Lit a L n Gailla r d i a W y Elm Pl Sa l s a C t Lot u s W y Teal CtHe n r y C t W B a y s h o r e R d Ad d i s o n A v e Sta t e H i g h w a y 1 0 9 Ra l m a r A v e Co o l e y A v e Cla r k e A v e Bell St Po p l a r A v e Green St E B a y s h o r e R d D a p h n e W y V e r b e n a D r B3 101 101 San Francisco Bay Palo Alto Golf Course Palo Alto Airport of Santa Clara County Baylands Nature Preserve SF Bay to Hwy 101 – 100-year Design Hwy 101 to El Camino – Interim Design San Francisco Bay to Highway 101 The SFCJPA is coordinating the first phase of this project to protect East Palo Alto and Palo Alto from flooding along San Francisquito Creek between the San Francisco Bay and U.S. Highway 101. These communities are at high risk of severe flooding, both from flows coming down the creek and from the Bay tides within the creek channel. This segment of the project is the necessary first step in an overall plan to provide protection to properties located within the flood-prone areas of San Francisquito Creek. Other flood protection efforts, such as bridge replacements upstream (west) of Highway 101, cannot be undertaken until the creek’s capacity has been increased downstream. The project elements include:• Excavating sediment built up in the channel over decades• New floodwalls• Channel widening by relocating a levee into the Palo Alto Golf Course Project milestones • Environmental review completed The environmental impacts for the project elements were analyzed and compiled into an Environmental Impact Report (EIR), required by the California Environmental Quality Act (CEQA). The EIR was certified by the SFCJPA Board of Directors in October 2012. • Permits Permit applications were submitted to state and federal regulatory agencies in March 2013. Two and a half years into the permit process, the SFCJPA has received a permit from the Regional Water Quality Control Board and still awaits three permits from other regulatory agencies. • Funding agreement established An agreement to fund this project among six different agencies was completed in June 2014. • Construction coming soon Construction is scheduled to begin in 2016, dependent upon the issuance of regulatory permits. To learn more, visit www.sfcjpa.org or attend a monthly SFCJPA board meeting. Bay to 101 construction scheduled to begin in 2016 Antecedentes del proyecto Históricamente, ha habido múltiples sucesos de inundaciones a lo largo del Arroyo San Francisquito, el más reciente en diciembre de 2012, pero la inundación que originó el llamado a la acción ocurrió en febrero de 1998. Esta fue la inundación más grande en los archivos históricos y más de 1,700 viviendas y negocios vecinos resultaron dañados. Fue después de esta inundación histórica que las ciudades de Palo Alto, Menlo Park e East Palo Alto, el Distrito de Control de Inundaciones del Condado de San Mateo y el Distrito de Aguas del Valle de Santa Clara se unieron para crear la Autoridad de Poderes Compartidos del Arroyo San Francisquito (SFCJPA). Además de resolver problemas de inundación, la autoridad también se enfoca en problemas ambientales a lo largo del arroyo. Bahía de San Francisco a la Autopista 101 El primer proyecto capital de la Autoridad SFCJPA a ser construido protegerá contra inundaciones a las comunidades de East Palo Alto y Palo Alto a lo largo del Arroyo San Francisquito, entre la Bahía de San Francisco y la Autopista 101. Estas comunidades están en alto riesgo de inundaciones graves, tanto de las corrientes que bajan por el arroyo como de las mareas de la Bahía que entran al canal del arroyo. Este proyecto es el primer, y necesario, paso en un plan general que brinda protección a las propiedades ubicadas dentro de las áreas susceptibles a inundaciones del Arroyo San Francisquito. Otros esfuerzos de protección contra las inundaciones, tal como el reemplazo de puentes corriente arriba (al oeste) de Highway 101, no pueden llevarse a cabo hasta que la capacidad del arroyo se haya incrementado corriente abajo. Los elementos del proyecto incluyen: • Excavación de sedimento acumulado en el canal durante décadas • Nuevos muros de contención • Ampliación del canal mediante la reubicación de un dique en el Campo de Golf de Palo Alto Metas logradas del proyecto • Revisión completada El Informe de Impacto Ambiental (Environmental Impact Report o EIR) para este proyecto fue certificado en octubre de 2012. • Permisos Las solicitudes de permisos se presentaron a los organismos reglamentarios en marzo de 2013. A dos años y medio de haber iniciado el trámite de los permisos, la Autoridad SFCJPA ha recibido un permiso de la Junta del Control de la Calidad de Agua, pero sigue en espera de otros permisos por parte de los organismos reglamentarios. • Acuerdo de financiación establecido En junio de 2014 se concretó un acuerdo para financiar este proyecto entre seis organismos distintos. • La construcción en breve La construcción está programada para comenzar en 2016, dependiendo de la expedición de permisos reglamentarios. Si desea más información, visite www.sfcjpa.org o asistir a una reunión mensual de la junta SFJPA. Para obtener información en español, por favor comuníquese con José Villarreal al 408-630-2879. CITY OF PALO ALTO OFFICE OF THE CITY CLERK October 19, 2015 The Honorable City Council Palo Alto, California May 4, 2015, May 6, 2015, and May 11, 2015 ATTACHMENTS: Attachment A: 05-04-15 DRAFT ACTION Minutes (DOC) Attachment B: 05-06-15 DRAFT ACTION Minutes (DOC) Attachment C: 05-11-15 DRAFT ACTION Minutes (DOC) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 11 Special Meeting May 4, 2015 The City Council of the City of Palo Alto met on this date in the Community Meeting Room at 5:39 P.M. Present: Berman arrived at 6:11 P.M., Burt, DuBois, Filseth, Holman, Kniss, Scharff arrived at 6:11 P.M., Schmid, Wolbach Absent: Special Orders of the Day 1. Interview of Two Candidates for the Human Relations Commission. The City Council reconvened in the Council Chambers at 6:11 P.M. 2. Resolution 9506 and Resolution 9507 entitled “Resolution of the Council of the City of Palo Alto Expressing Appreciation to John Melton and Asher Waldfogel Upon Completion of Their Terms as Utilities Advisory Commissioners.” MOTION: Council Member Burt moved, seconded by Council Member Kniss to adopt the Resolutions of Appreciation for John Melton and Asher Waldfogel. MOTION PASSED: 9-0 3. Community Partnership Presentation - Palo Alto Mediation Program. 4. Appointment of Candidates to the Public Art Commission and Utilities Advisory Commission. First Round of voting for three positions on the Public Art Commission with terms ending April 30, 2018: DRAFT ACTION MINUTES Page 2 of 11 City Council Meeting DRAFT Action Minutes: 05/04/15 Council Member Filseth abstained from voting. Voting For Eric Beckstrom: Voting For Loren Gordon: Berman, Burt, DuBois, Holman, Scharff, Schmid, Wolbach Voting For Ben Miyaji: Berman, Burt, DuBois, Holman, Kniss, Scharff, Schmid, Wolbach Voting For Caroline Mustard: Kniss Voting For Mila Zelkha: Berman, Burt, DuBois, Holman, Kniss, Scharff, Schmid, Wolbach Beth Minor, City Clerk announced that Loren Gordon with 7 votes, Ben Miyaji with 8 votes and Mila Zelkha with 8 votes were each appointed to the Public Art Commission for three years, with terms ending April 30, 2018. First Round of voting for two positions on the Utilities Advisory Commission with terms ending April 30, 2018: Council Member Filseth abstained from voting. Voting For Michael Danaher: Berman, Burt, DuBois, Holman, Kniss, Scharff, Schmid, Wolbach Voting For Timothy Gray: Voting For Natalia Kachenko: Voting For Judith Schwartz: DuBois, Schmid Voting For Lisa Van Dusen: Berman, Burt, Holman, Kniss, Scharff, Wolbach Ms. Minor announced that Michael Danaher with 8 votes and Lisa Van Dusen with 6 votes were each appointed to the Utilities Advisory Commission for three years, with terms ending April 30, 2018. DRAFT ACTION MINUTES Page 3 of 11 City Council Meeting DRAFT Action Minutes: 05/04/15 First Round of voting for one position on the Utilities Advisory Commission for one unexpired term ending April 30, 2016: Council Member Filseth abstained from voting. Voting For Timothy Gray: Voting For Natalia Kachenko: Voting For Judith Schwartz: Berman, Burt, DuBois, Holman, Kniss, Scharff, Schmid, Wolbach Ms. Minor announced that Judith Schwartz with 8 votes was appointed to the Utilities Advisory Commission for one unexpired term ending April 30, 2016. Agenda Changes, Additions and Deletions None. Minutes Approval 5. March 16, 2015 MOTION: Council Member Kniss moved, seconded by Vice Mayor Schmid to approve the minutes of March 16, 2015. MOTION PASSED: 9-0 Consent Calendar MOTION: Council Member Wolbach moved, seconded by Council Member Kniss to approve Agenda Item Numbers 6-9. 6. Approval of the Award of Contract Number C15157200 for $191,760 to Walker Parking for Design of Parking Access and Revenue Controls (PARCs) and Parking Guidance Systems (PGS), and Approval of a Budget Amendment Ordinance to Transfer $171,760 From the University Avenue Parking Permit Fund to Capital Improvement Project (CIP) PL-15002, Garage Technologies Project. DRAFT ACTION MINUTES Page 4 of 11 City Council Meeting DRAFT Action Minutes: 05/04/15 7. Approval of Purchase Order with Golden Gate Systems, LLC for FY15 City-Wide Computer Refresh in the Amount of $622,837. 8. Approval of a One-year Contract with Bovo-Tighe LLC for Organization and Performance Management Consulting at a Cost Not to Exceed Amount of $125,000. 9. Confirmation of Appointment of Beth Minor as City Clerk and Approval of Employment Agreement. MOTION PASSED: 9-0 Action Items 10. Finance Committee Recommends Adoption of the 2015-2020 Consolidated Plan, 2015/2016 Action Plan and Associated 2015/2016 Funding Allocations and Adoption of a Resolution 9508 entitled “Resolution of the Council of the City of Palo Alto Approving the Use of Community Development Block Grant Funds for Fiscal Year 2015/2016. MOTION: Council Member Scharff moved, seconded by Council Member Kniss to: A. Adopt the funding Resolution allocating CDBG funding as recommended in the draft 2016 Action Plan; and B. Authorize the City Manager to execute the 2016 CDBG application and 2016 Action Plan for CDBG funds, any other necessary documents concerning the application, and to otherwise bind the City with respect to the applications and commitment of funds; and C. Authorize staff to submit the 2016 Action Plan to HUD by the May 15, 2015 deadline; and D. Authorize staff to submit the 2015-2020 Consolidated Plan to HUD by the May 15, 2015 deadline. MOTION PASSED: 9-0 DRAFT ACTION MINUTES Page 5 of 11 City Council Meeting DRAFT Action Minutes: 05/04/15 11. PUBLIC HEARING: To Consider an Appeal of the Director of Planning and Community Environment’s Architectural Review Approval of a 31,407 Square-Foot, Four Story, Mixed Use Building with Parking Facilities on Two Subterranean Levels on an 11,000 Square-Foot Site in the Downtown Commercial (CD-C (GF)(P)) Zone District located at 429 University Avenue; and Approval of a Mitigated Negative Declaration. Environmental Assessment: A Mitigated Negative Declaration has been Prepared. Public Hearing opened at: 7:12 P.M. Public Hearing closed at 8:50 P.M. MOTION: Council Member Scharff moved, seconded by Council Member Berman to continue Agenda Item 12- Policy and Services Committee Recommendation Regarding Changes to City Council and Standing Committee Minutes to Wednesday, May 6, 2015. MOTION PASSED: 8-0 Kniss not participating MOTION: Council Member Burt moved, seconded by Council Member DuBois to continue the appeal and request additional studies and redesign that would address the following: A. Greater respect for the context-based design criteria, Municipal Code Section 18.18.110, contextual and compatibility criteria. Have the project have a great context, meaning relationships between the site's development to adjacent street types; and B. Under (a)(2), compatibility. The project return in a way that the construction shares general characteristics and establishes design linkages with the overall pattern of buildings, so that the visual unity of the streets is maintained; and C. Compatibility: specifically readdressing the siting, scale and massing and to study shadow patterns; and D. Under (b)(2), street building façades. The building to return with greater reinforcement of the relationship of the street with the building mass. The upper floors need to have setback to fit in with the context of the neighborhood. Specifically, the look and feel from the street DRAFT ACTION MINUTES Page 6 of 11 City Council Meeting DRAFT Action Minutes: 05/04/15 should not be of building with more than one floor greater than adjacent buildings with an additional floor requiring articulation or setbacks; and E. Massing and setbacks. The design shall have articulation and setbacks that minimize massing; and F. Project shall be reviewed by the Historic Resources Board including as it relates to buildings along Kipling Street. SUBSTITUTE MOTION: Council Member Scharff moved, seconded by Council Member Kniss to return to the Council with a circulation analysis and to the Historic Resources Board for the Historic Resources Board to look at historical issues. INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to direct the Historic Resources Board to readdress siting, scale and massing within the Kipling District. SUBSTITUTE MOTION AS AMENDED FAILED: 4-5 Berman, Kniss, Scharff, Wolbach yes INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER: 1. To direct the Applicant to bring the project back to the Historic Resources Board to analyze the following issues: A. The Preservation Architecture report focuses on whether there are criteria for a historic district. There is no need for existence of a district for there to be historic considerations. The HRB should determine whether there are other factors that should be considered; and B. What is the applicable “area of potential effect” under (California Environmental Quality Act) CEQA analysis?; and C. There are a number of historic structures near (e.g. on Kipling Street), one next to the proposed project and several across the street. How will the project impact these structures?; and DRAFT ACTION MINUTES Page 7 of 11 City Council Meeting DRAFT Action Minutes: 05/04/15 D. Whether the mass, scale, and compatibility of the proposed project has an impact on the existing historic properties should be analyzed; and E. Whether the changed setting (CEQA) has an impact on the historic properties should be addressed. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion, “and request additional studies and redesign that would address the following” with “to the Architectural Review Board and the Historic Resources Board to address the following issues." INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER that the applicant redesign the project and that the project be re-submitted to the Architectural Review Board to address the following Council concerns regarding the required findings, the project does not satisfy the following Findings: A. The design is not compatible with the immediate environment of the site; and B. In areas considered by the Board as having a unified design character or historical character, the design is compatible with such character; and C. The design is compatible with approved improvements both on and off the site. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, under Architectural Review Board, after Part C, add Part D "rooflines along University Avenue and on Kipling Street." INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion, under Architectural Review Board, Part D, “rooflines along University Avenue and on Kipling Street" with “the consistency of roof lines, entries, setbacks, mass, and scale with context based design criteria.” DRAFT ACTION MINUTES Page 8 of 11 City Council Meeting DRAFT Action Minutes: 05/04/15 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion, “the project does not satisfy the following findings.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion, “that the applicant redesign the project and the project be submitted to the Architectural Review Board.” Council took a break from 11:09 P.M. to 11:13 P.M. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion under Historic Resources Board, Part E, “whether the changed setting (CEQA) has an impact on the historic properties should be addressed” with “that the proposed building would change the setting under CEQA in relation to the historic properties on Kipling Street or University Avenue.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, under Architectural Review Board, Part E, “with the option of three story building as compared to a four- story building.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion, under Architectural Review Board, Part E, "with the option of a three-story building as compared to a four-story building with an additional floor" with "with the option of a third or fourth floor provided they are visually compatible from the street level." INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove in the Motion, under Architectural Review Board, Part A, “massing and setbacks” and restate in the Motion under Architectural Review Board, Part A, “the design shall be compatible with the immediate environment of the site– the building will be designed with articulation and set backs that minimize massing.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion under Architectural Review Board, “to study shadow patterns.” DRAFT ACTION MINUTES Page 9 of 11 City Council Meeting DRAFT Action Minutes: 05/04/15 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion under Architectural Review Board, “study circulation analysis including on Lane 30.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion, “and to the Architectural Review Board to address the following issues” with “and request the Applicant design the project and return to the Architectural Review Board and the Historic Resources Board to address the following issues.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion under Architectural Review Board, “that the Applicant redesign the project.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER replace in the Motion under Architectural Review Board, Part A, “is not” with “the design shall be compatible.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove Section H from the Motion. MOTION RESTATED FOR THE PURPOSE OF VOTING: Council Member Burt moved, seconded by Council Member DuBois to continue the appeal and request the applicant redesign the project and return to the Architectural Review Board and the Historic Resources Board to address the following issues: Historic Resources Board A. The Preservation Architecture report focuses on whether there are criteria for a historic district. There is no need for existence of a district for there to be historic considerations. The HRB should determine whether there are other factors that should be considered. B. What is the applicable “area of potential effect” under CEQA analysis? C. There are a number of historic structures near (e.g. on Kipling), one next to the proposed project and several across the street. How will the project impact these structures? D. Whether the mass, scale, and compatibility of the proposed project has an impact on the existing historic properties should be analyzed. DRAFT ACTION MINUTES Page 10 of 11 City Council Meeting DRAFT Action Minutes: 05/04/15 E. Whether the proposed building would change the setting of the historic properties on Kipling Street or University Avenue and have an impact under CEQA. Architectural Review Board A. The design shall be compatible with the immediate environment of the site– the building will be designed with articulation and set backs that minimize massing. B. In areas considered by the board as having a unified design character or historical character, the design is compatible with such character C. The design is compatible with approved improvements both on and off the site D. The consistency of roof lines, entries, setbacks, mass and scale with context based criteria. E. Street building facades – building to return with greater reinforcement of the relationship of the street with building mass. The upper floors need to have set backs to fit in with the context of the neighborhood. Specifically, the look and feel from the street should be of a look and feel compatible with adjacent buildings, with the option of a third or fourth floor provided they are visually compatible from the streets, requiring articulation or set-backs F. To study shadow patterns G. Study circulation analysis including on Lane 30. H. Direction that the project shall share design linkages with the overall pattern of buildings so that the visual unity of the streets are maintained. MOTION AS AMENDED PASSED: 5-4 Berman, Kniss, Scharff, Wolbach no 12. Policy and Services Committee Recommendation Regarding Changes to City Council and Standing Committee Minutes. Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements DRAFT ACTION MINUTES Page 11 of 11 City Council Meeting DRAFT Action Minutes: 05/04/15 Council Member Filseth reported his attendance at the Downtown Business Improvement District Advisory Board meeting last week. He reported that the Advisory Board sent a letter to the City in April noting increased panhandling and people living in public parking garages. They inquired when they will receive a response from the City. Council Member Burt reported his attendance at the San Francisquito Creek Joint Powers Authority (Board) meeting. The Board received a permit from the Regional Water Quality Control Board which contained additional measures, including removal of two gas lines at the Board’s significant expense. Adjournment: The meeting was adjourned at 12:19 A.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 2 Special Meeting May 6, 2015 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:05 P.M. Present: Berman, Burt arrived at 6:49 P.M., DuBois, Filseth, Holman, Kniss, Scharff arrived at 7:10 P.M., Schmid, Wolbach arrived at 6:13 P.M. Absent: Historic Resources Board: Present: Bernstein, Bower, Bunnenberg, Chair Kohler, Vice Chair Makinen, Wimmer Absent: DiCicco Study Session 1. Potential Topics of Discussion for the Joint Study Session with the Historic Resources Board. Council took a break from 7:20 P.M. until 7:34 P.M. 2. Study Session on Public Safety Building and Site Selection Process. Action 2a. Policy and Services Committee Recommendation Regarding Changes to City Council and Standing Committee Minutes. MOTION: Council Member Scharff moved, seconded by Vice Mayor Schmid to move to Action Minutes and video as the official permanent record of City DRAFT ACTION MINUTES Page 2 of 2 City Council Meeting Draft Action Minutes: 5/6/15 Council and Standing Committee meetings. Verbatim Minutes will also be prepared. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER direct Staff to return with an Ordinance updating Municipal Code Section 2.04.160(c) to read "As soon as possible after each Council meeting, verbatim minutes would be made publicly available digitally and hard copies available upon request." MOTION AS AMENDED PASSED: 7-2 DuBois, Kniss no Closed Session MOTION: Council Member DuBois moved, seconded by Vice Mayor Schmid to go into Closed Session. MOTION PASSED: 8-1 Scharff not participating Council Member Kniss left the meeting at 10:17 P.M. Council went into Closed Session at 10:17 P.M. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, CALIFORNIA GOVERNMENT CODE SECTION 54956.8 Property: U.S. Post Office, 380 Hamilton Avenue, Palo Alto 94301 Agency Negotiators: James Keene, Lalo Perez, Hamid Ghaemmaghami, Joe Saccio, Hillary Gitelman, Meg Monroe, Molly Stump, Cara Silver Negotiating Parties: City of Palo Alto and United States Post Office Under Negotiation: Purchase: Price and Terms of Payment The Council reconvened from the Closed Session at 11:00 P.M. Mayor Holman announced no reportable action. Adjournment: The meeting was adjourned at 11:00 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 7 Regular Meeting May 11, 2015 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:00 P.M. Present: Berman arrived at 6:02 P.M., Burt, DuBois, Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Absent: Closed Session MOTION: Council Member Kniss moved, seconded by Vice Mayor Schmid to go into Closed Session. MOTION PASSED: 8-0 Berman absent Council went into Closed Session at 6:00 P.M. 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Lalo Perez, David Ramberg, Joe Saccio, Kathryn Shen, Sandra Blanch, Allyson Hauk, Val Fong, Christine Paras, Molly Stump) Employee Organization: Utilities Management and Professional Association of Palo Alto (UMPAPA) Authority: Government Code Section 54957.6(a). The Council reconvened from the Closed Session at 7:10 P.M. Mayor Holman announced no reportable action. DRAFT ACTION MINUTES Page 2 of 7 City Council Meeting Action Minutes: 5/11/15 Special Orders of the Day 2. Community Partnership Presentation - Palo Alto Medical Foundation linkAges TimeBank Program. 3. Proclamation Recognizing the Week of May 10, 2015 as Police Week/National Peace Officers Memorial Day. 4. Presentation on the American Public Works Association (APWA) Accreditation Process. Agenda Changes, Additions and Deletions None. Minutes Approval MOTION: Vice Mayor Schmid moved, seconded by Council Member DuBois to approve the Minutes of March 23 and April 6, 2015 with changes to the April 6, 2015 Minutes as requested by Bob Moss. MOTION PASSED: 9-0 Consent Calendar MOTION: Council Member Scharff moved, seconded by Vice Mayor Schmid to approve Agenda Item Numbers 6-12. 6. Approval of a Contract with Schaaf & Wheeler Consulting Civil Engineers in the Amount of $600,000 for Design Services for the Matadero Creek Storm Water Pump Station Improvement Project, Capital Improvement Program Project SD-13003. 7. Approval of a Lease Agreement Between City of Palo Alto and Palo Alto Players-Peninsula Center Stage for Office Space Use at Lucie Stern Community Center Located at 1305 Middlefield Road, Palo Alto. 8. Approval of Six Contract Amendments: (a) Amendment No. 3 to 4Leaf, Inc. Contract C13149364, Increasing Compensation by $2,100,000 to $5,100,000; (b) Amendment No. 3 to Kutzmann & Associates, Inc. Contract C13149368, Increasing Compensation by $250,000 to DRAFT ACTION MINUTES Page 3 of 7 City Council Meeting Action Minutes: 5/11/15 $976,000; (c) Amendment No. 3 to Interwest Consulting Group Contract C13149365, Increasing Compensation by $25,000 to $175,000; (d) Amendment No. 2 to CSG Consulting Contract C13149366, Increasing Compensation by $20,000 to $120,000; (e) Amendment No. 2 to TRB & Associates Contract C13149369, Increasing Compensation by $20,000 to $120,000; and (f) Amendment No. 2 to West Coast Code Consultants Contract C13149367, Increasing Compensation by $118,000 to $888,000, to Renew Contracts and Amend Scope of Work Each for a One-Year Term Extension for On-Call Inspection, Plan Check Services, and Capital Improvement Costs. 9. Utilities Advisory Commission Recommendation that Council Approve Changes to the Performance Measures and Strategic Initiatives of the 2011 Utilities Strategic Plan. 10. Resolution 9509 entitled, “Resolution of the Council of the City of Palo Alto Amending the City's 2010 Urban Water Management Plan in Compliance with the State Water Resources Control Board's March 17, 2015 Emergency Water Conservation Regulations.” 11. Ordinance 5324 and Ordinance 5326 entitled, “Ordinance of the Council of the City of Palo Alto Amending Chapters 16.14, 16.17, and 16.18 of the Palo Alto Municipal Code to Adopt Local Amendments to the California Green Building Code and the California Energy Code (First Reading April 20, 2015 PASSED: 9-0).” 12. Amended Ordinance 5300 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 Establish New Outdoor Smoking Restrictions in Commercial Areas and Outdoor Dining (First Reading: April 20, 2015 PASSED: 9-0).” MOTION PASSED: 9-0 Action Items 13. PUBLIC HEARING: Adoption of an Urgency Interim Ordinance 5325 entitled, “Urgency Interim Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Prohibit Conversion of Existing Ground Floor Retail and Retail-Like DRAFT ACTION MINUTES Page 4 of 7 City Council Meeting Action Minutes: 5/11/15 Uses to Office or Other Uses on a Citywide Basis Effective Immediately.” Public Hearing opened at 8:20 P.M. Public Hearing closed at 8:26 P.M. The City Council decided all Motions and Amendments will require eight affirmative votes to pass due to the fact that eight affirmative votes are required to pass the Urgency Interim Ordinance. MOTION: Council Member Scharff moved, seconded by Council Member Wolbach to adopt the proposed urgency interim Ordinance to prevent the conversion of ground floor retail and retail-like uses to other uses citywide. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add at the end of the Motion, “with the following changes: add to 18.85.101 ‘To qualify as a retail use, the use shall be open to the public.’” AMENDMENT: Council Member Filseth moved, seconded by Mayor Holman to add to the Motion, “replace in Municipal Code Section 18.85.103(a) ‘submitted to the City’ with ‘approved by the Director.’” AMENDMENT WITHDRAWN BY THE MAKER AND SECONDER AMENDMENT: Council Member Filseth moved, seconded by Council Member DuBois, to add to the Motion, “to add automotive services, service stations and daycare facilities to the definition of retail-like uses in Municipal Code Section 18.85.101 (b).” AMENDMENT SEPARATED FOR THE PURPOSE OF VOTING AMENDMENT: Council Member Filseth moved, seconded by Council Member DuBois to add to the Motion, “to add daycare facilities to the definition of retail-like uses in Municipal Code Section 18.85.101 (b).” INCORPORATED INTO THE AMENDMENT WITH THE CONSENT FO THE MAKER AND SECONDER to replace in the Amendment, “facilities” with “centers.” DRAFT ACTION MINUTES Page 5 of 7 City Council Meeting Action Minutes: 5/11/15 AMENDMENT AS AMENDED PASSED: 9-0 AMENDMENT: Council Member Filseth moved, seconded by Council Member DuBois, to add to the Motion, “to add automotive services to the definition of retail-like uses in Municipal Code Section 18.85.101 (b).” AMENDMENT FAILED: 7-2 Berman, Scharff no AMENDMENT: Council Member Filseth moved, seconded by Council Member DuBois, to add to the Motion, “to add service stations to the definition of retail-like uses in Municipal Code Section 18.85.101 (b).” AMENDMENT PASSED: 9-0 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “replace in Municipal Code Section 18.85.102 ‘operating as of March 2, 2015’ with ‘permitted or operating as of March 2, 2015 or thereafter.’” AMENDMENT: Council Member Burt moved, seconded by Mayor Holman to add to the Motion, “add to Municipal Code Section 18.85.102, prohibit the elimination of basement or mezzanine space currently in retail use or in retail supporting use to be converted to another use.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “add to Municipal Code Section 18.85.102, prohibit the elimination of basement space currently in retail use or in retail supporting use to be converted to another use.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “replace in Municipal Code Section 18.85.103(a), ‘submitted to the City’ with ‘approved by the Director.’" INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “generally” after “shall be.” AMENDMENT WITHDRAWN BY THE SECONDER, to add to the Motion, “replace in Municipal Code Section 18.85.103(a) ‘submitted to the City’ with ‘approved by the Director.’” DRAFT ACTION MINUTES Page 6 of 7 City Council Meeting Action Minutes: 5/11/15 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “to add automotive services to the definition of retail-like uses in Municipal Code Section 18.85.101(b).” MOTION AS AMENDED PASSED: 9-0 14. PUBLIC HEARING: Adoption of the Urban Forest Master Plan and Approval of a Negative Declaration. Public Hearing opened at 11:11 P.M. Public Hearing closed at 11:33 P.M. MOTION: Council Member Scharff moved, seconded by Council Member Kniss to: A. Approve the Palo Alto Urban Forest Master Plan; and B. Adopt the Negative Declaration of Environmental Impacts. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion: C. To direct Staff to schedule a Study Session in six to nine months including, but not limited to the following issues with a second iteration of the Urban Forest Master Plan with greater discussion and emphasis on: i. Native tree plant species: and ii. Greater development of Goal Number 5; and iii. Options for changing the Vision Statement; and iv. Expanding canopy cover in South Palo Alto. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “exploration of the role of agricultural landscaping.” DRAFT ACTION MINUTES Page 7 of 7 City Council Meeting Action Minutes: 5/11/15 AMENDMENT: Council Member Burt moved, seconded by Mayor Holman to add to the Motion, “expansion of the role of local environmental groups in the Urban Forest Master Plan.” AMENDMENT PASSED: 7-2 Filseth, Scharff no INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part C, Subsection iii, “changing” with “strengthening.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “discuss support for habitat.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “address development impacts on trees.” MOTION AS AMENDED PASSED: 9-0 Council Member Questions, Comments and Announcements Council Member Burt reported that he and Council Member Wolbach attended a drought summit on Saturday. In comparison to other cities, Palo Alto has been very active in promoting drought friendly policies, yet there is more the City can do given the current drought. Adjournment: The meeting was adjourned at 12:21 P.M. City of Palo Alto (ID # 6068) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Pole Replacement Project 3 Title: Approval and Authorization for the City Manager to Execute an Electric Enterprise Fund Construction Contract With PAR Electrical Contractors, Inc. for a Total Not to Exceed Amount of $1,095,179 for the 2015 Pole Replacement Project 3, Which Involves Construction Maintenance Work on the City’s Electric Distribution System Throughout the City From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute the attached construction contract (see Attachment A, Contract) with PAR Electrical Contractors, Inc. in the amount of $995,618 for the Pole Replacement Project 3, which involves construction maintenance work on the City’s electric distribution system at various locations throughout the City of Palo Alto. 2. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with PAR Electrical Contractors, Inc. for additional related, but unforeseen, work which may develop during the project; the total of which shall not exceed $99,561 (10% of the contract amount). Staff is therefore requesting a total authorized amount of $1,095,179 for this Contract, which includes the contract amount of $995,618 plus a 10% contingency amount of $99,561. Background As part of its Capital Improvement Program the City of Palo Alto Utilities Department (“CPAU”) designs projects to rebuild the electric distribution system, which includes replacement of electrical equipment that is nearing the end of its useful life or has been identified during regular inspection as requiring replacement. This is to prevent outages as a result of equipment failure due to age or deterioration, and ensure safe and reliable performance of the electric system. City of Palo Alto Page 2 During regular electric system evaluation, utility power poles are identified as requiring replacement (aged, deteriorated, or otherwise unsafe) through inspections, audits, and wood pole testing. While replacements of some power poles are completed by staff, there are currently insufficient resources within the Electric Operations Division to handle all of the identified pole replacements. Staff compiled engineering drawings and estimates for several pole replacements into a single bid package to solicit bids from qualified contractors to complete the pole replacements in a timely manner. Summary of Key Issues The work to be performed under this contract is for construction services to replace 65 utility poles (out of a total of 6000 poles in the system), which includes labor, equipment, and management of all field activities in coordination with CPAU Electric Operation’s staff. The City will provide the major construction materials for the project. The poles identified in the bid package have been selected to be replaced due to potential reliability and safety concerns. New poles will be installed and built to current city, state and industry standards. The engineering design for all pole replacements in the bid package was completed by staff. AT&T is co-owner of the utility poles being replaced in this project and is responsible for approximately 20 percent of the pole replacement costs based on the 1918 joint pole agreement between the City of Palo Alto and Pacific Telephone and Telegraph Company (AT&T). Before pole replacement, staff sends AT&T an intention of construction notice. AT&T agrees to the pole replacement and costs by returning the signed intention of construction notice. Once the construction of the pole replacement is completed, staff sends AT&T an invoice for AT&T’s share of the replacement cost. Staff sent intention of construction notices for all 65 poles in this bid package to AT&T in April 2015, and AT&T has returned the majority of notices, signed and approved. The remaining notices are delayed due to the high number of notices that staff sent to AT&T for review, but staff anticipates AT&T will sign and approve the remaining notices in the next 4 weeks. Upon completion of the project AT&T will be billed for its portion of the work, approximately 20% of the contract amount. The following table is a summary of the bid process initiated in July 2015: Bid Name / Number Pole Replacement Project 3 / IFB-158031 Proposed Length of Project 2 months Number of Bids Mailed to Contractors 13 Number of Bids Mailed to Builder’s Exchanges 13 Total Days to Respond to Bid 19 Pre-Bid Meeting Yes Number of Company Attendees at Pre-Bid Meeting 4 Number of Bids Received 1 Bid Price Range $995,618 City of Palo Alto Page 3 Staff has reviewed the bid and recommends that the bid of $995,618 submitted by PAR Electrical Contractors, Inc. be accepted and that PAR Electrical Contractors, Inc. be declared the lowest responsible bidder by Council. Even though there is only one bidder, the bid amount is within 3% of staff’s estimate for the work, and is in-line with the market price and the previous contract, averaging about $15,300 per pole. PAR Electrical Contractors, Inc. successfully completed similar pole replacement work for City of Palo Alto in 2012 and 2014. Staff confirmed with the Contractor’s State License Board that the contractor has an active license on file and also checked references supplied by the contractor for previous work performed and found all to be satisfactory. Resource Impact Funds for the Pole Replacement Project 3 are available in the Fiscal Year (FY) 2016 Electric System Improvement Capital Improvement Program (EL-98003) budget. Timeline In the event that Council approves the Contract, construction can be scheduled to begin the week of November 2, 2015, and is to be completed within sixty (60) calender days after the commencement date specified in City’s Notice to Proceed. Policy Implications The approval of this contract is consistent with existing City policies, including the Council- approved Utilities Strategic Plan to operate the distribution system in a cost effective manner and to invest in utility infrastructure to deliver reliable service. Environmental Review This project is categorically exempt from California Environmental Quality Act (CEQA), under CEQA Guidelines Sec. 15301 (repair or maintenance of existing facilities), and Sec. 15302 (replacement or reconstruction of existing structures and facilities). Attachments: Attachment A: 2015 Pole Replacement Construction Contract C16158031 (PDF) 1 Rev. April 20, 2015 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT Contract No. C16158031 City of Palo Alto “2015 Pole Replacement” Project ATTACHMENT A 2 Rev. April 20, 2015 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT TABLE OF CONTENTS SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….…………..6 1.1 Recitals…………………………………………………………………………………………………………………….6 1.2 Definitions……………………………………………………………………………………………………………….6 SECTION 2 THE PROJECT………………………………………………………………………………………………………...6 SECTION 3 THE CONTRACT DOCUMENTS………………………………………………………………………………..7 3.1 List of Documents…………………………………………………………………………………………….........7 3.2 Order of Precedence……………………………………………………………………………………………......7 SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..8 4.1 Contractor's Duties…………………………………………………………………………………………………..8 SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8 5.1 Contractor's Co-operation………………………………………………………………………………………..8 SECTION 6 TIME OF COMPLETION…………………………………………………………………………………….......8 6.1 Time Is of Essence…………………………………………………………………………………………………….8 6.2 Commencement of Work…………………………………………………………………………………………8 6.3 Contract Time…………………………………………………………………………………………………………..8 6.4 Liquidated Damages…………………………………………………………………………………………………8 6.4.1 Other Remedies……………………………………………………………………………………………………..9 6.5 Adjustments to Contract Time………………………………………………………………………………….9 SECTION 7 COMPENSATION TO CONTRACTOR……………………………………………………………………….9 7.1 Contract Sum……………………………………………………………………………………………………………9 7.2 Full Compensation……………………………………………………………………………………………………9 SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9 8.1 Standard of Care…………………………………………………………………………………..…………………9 SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..…10 9.1 Hold Harmless……………………………………………………………………………………………………….10 9.2 Survival…………………………………………………………………………………………………………………10 SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………10 10.1 Municipal Code Requirement…………….………………………………..……………………………….10 SECTION 11 INSURANCE AND BONDS.…………………………………………………………………………………10 3 Rev. April 20, 2015 CONSTRUCTION CONTRACT 11.1 Evidence of Coverage…………………………………………………………………………………………..10 SECTION 12 PROHIBITION AGAINST RANSFERS………………………………………………………………….…11 12.1 Assignment………………………………………………………………………………………………………….11 12.2 Assignment by Law.………………………………………………………………………………………………11 SECTION 13 NOTICES …………………………………………………………………………………………………………….11 13.1 Method of Notice …………………………………………………………………………………………………11 13.2 Notice Recipents ………………………………………………………………………………………………….11 13.3 Change of Address……………………………………………………………………………………………….12 SECTION 14 DEFAULT…………………………………………………………………………………………………………...12 14.1 Notice of Default………………………………………………………………………………………………….12 14.2 Opportunity to Cure Default…………………………………………………………………………………12 SECTION 15 CITY'S RIGHTS AND REMEDIES…………………………………………………………………………..13 15.1 Remedies Upon Default……………………………………………………………………………………….13 15.1.1 Delete Certain Services…………………………………………………………………………………….13 15.1.2 Perform and Withhold……………………………………………………………………………………..13 15.1.3 Suspend The Construction Contract…………………………………………………………………13 15.1.4 Terminate the Construction Contract for Default………………………………………………13 15.1.5 Invoke the Performance Bond………………………………………………………………………….13 15.1.6 Additional Provisions……………………………………………………………………………………….13 15.2 Delays by Sureties……………………………………………………………………………………………….13 15.3 Damages to City…………………………………………………………………………………………………..14 15.3.1 For Contractor's Default…………………………………………………………………………………..14 15.3.2 Compensation for Losses…………………………………………………………………………………14 15.4 Suspension by City……………………………………………………………………………………………….14 15.4.1 Suspension for Convenience……………………………………………………………………………..14 15.4.2 Suspension for Cause………………………………………………………………………………………..14 15.5 Termination Without Cause…………………………………………………………………………………14 15.5.1 Compensation………………………………………………………………………………………………….15 15.5.2 Subcontractors………………………………………………………………………………………………..15 15.6 Contractor’s Duties Upon Termination………………………………………………………………...15 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES……………………………………………………………16 16.1 Contractor’s Remedies……………………………………..………………………………..………………….16 4 Rev. April 20, 2015 CONSTRUCTION CONTRACT 16.1.1 For Work Stoppage……………………………………………………………………………………………16 16.1.2 For City's Non-Payment…………………………………………………………………………………….16 16.2 Damages to Contractor………………………………………………………………………………………..16 SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….…16 17.1 Financial Management and City Access………………………………………………………………..16 17.2 Compliance with City Requests…………………………………………………………………………….17 SECTION 18 INDEPENDENT PARTIES……………………………………………………………………………………..17 18.1 Status of Parties……………………………………………………………………………………………………17 SECTION 19 NUISANCE……………………………………………………………………………………………………….…17 19.1 Nuisance Prohibited……………………………………………………………………………………………..17 SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………….17 20.1 Payment of Fees…………………………………………………………………………………………………..17 SECTION 21 WAIVER…………………………………………………………………………………………………………….17 21.1 Waiver………………………………………………………………………………………………………………….17 SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS……………………………….18 22.1 Governing Law…………………………………………………………………………………………………….18 22.2 Compliance with Laws…………………………………………………………………………………………18 SECTION 23 COMPLETE AGREEMENT……………………………………………………………………………………18 23.1 Integration………………………………………………………………………………………………………….18 SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………..18 24.1 Survival of Provisions……………………………………………………………………………………………18 SECTION 25 PREVAILING WAGES………………………………………………………………………………………….18 SECTION 26 NON-APPROPRIATION……………………………………………………………………………………….19 26.1 Appropriation………………………………………………………………………………………………………19 SECTION 27 AUTHORITY……………………………………………………………………………………………………….19 27.1 Representation of Parties…………………………………………………………………………………….19 SECTION 28 COUNTERPARTS………………………………………………………………………………………………..19 28.1 Multiple Counterparts………………………………………………………………………………………….19 SECTION 29 SEVERABILITY……………………………………………………………………………………………………19 29.1 Severability………………………………………………………………………………………………………….19 SECTION 30 STATUTORY AND REGULATORY REFERENCES …………………………………………………..19 30.1 Amendments of Laws…………………………………………………………………………………………..19 5 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….….19 31.1 Workers Compensation…………………………………………………………………………………….19 SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS………………………………..…20 32.1 General Notice to Contractor…………………………………………………………………………….20 32.2 Labor Code section 1771.1(a)…………………………………………………………………………….20 32.3 DIR Registration Required…………………………………………………………………………………20 32.4 Posting of Job Site Notices…………………………………………………………………………………20 32.5 Payroll Records…………………………………………………………………………………………………20 6 Rev. April 20, 2015 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on October 19, 2015 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and PAR ELECTRICAL CONTRACTORS, INC.("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a corporation duly organized and in good standing in the State of Missouri, Contractor’s License Number 687343 and DIR number 1000007254. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On July 9, 2015, City issued an Invitation for Bids (IFB) to contractors for the”2015 Pole Replacement” (“Project”). In response to the IFB, Contractor submitted a Bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Contract Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is the “2015 Pole Replacement” Project, located in Palo Alto, CA. ("Project"). 7 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Orders 3) Contract 4) Bidding Addenda 5) Special Provisions 6) General Conditions 7) Project Plans and Drawings 8) Technical Specifications 9) Instructions to Bidders 10) Invitation for Bids 11) Contractor's Bid/Non-Collusion Affidavit 12) Reports listed in the Contract Documents 13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid) 14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid) 15) City of Palo Alto Traffic Control Requirements 16) City of Palo Alto Truck Route Map and Regulations 17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre- Qualification Checklist (if applicable) 18) Performance and Payment Bonds 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. 8 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 4 CONTRACTOR’S DUTY. 4.1 Contractor’s Duties Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. SECTION 5 PROJECT TEAM. 5.1 Contractor’s Co-operation. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to Proceed. 6.3 Contract Time. Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed within sixty (60) calendar days after the commencement date specified in City’s Notice to Proceed. By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion. 6.4 Liquidated Damages. Pursuant to Government Code Section 53069.85, if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion, based on the amount of Five Hundred dollars ($500.00) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from 9 Rev. April 20, 2015 CONSTRUCTION CONTRACT Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial Completion, shall not operate as a waiver of City’s right to assess liquidated damages. 6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of Nine Hundred Ninety Five Thousand Six Hundred Eighteen Dollars ($995,618.00). 7.2 Full Compensation. The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents. SECTION 8 STANDARD OF CARE. 8.1 Standard of Care. Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. 10 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third-party claim relating to the Contract. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NON-DISCRIMINATION. 10.1 Municipal Code Requirement. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor 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. Contractor 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 will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. 11.1 Evidence of coverage. Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. 11 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 12 PROHIBITION AGAINST TRANSFERS. 12.1 Assignment. City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City. 12.2 Assignment by Law. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES. 13.1 Method of Notice. All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice to Recipients. All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Public Works Administration 250 Hamilton Avenue Palo Alto, CA 94301 Attn: OR 12 Rev. April 20, 2015 CONSTRUCTION CONTRACT City of Palo Alto Utilities Engineering 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Henry Nguyen In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue P.O. Box 10250 Palo Alto, California 94303 All Claims shall be delivered personally or sent by certified mail. All notices, demands, requests or approvals from City to Contractor shall be addressed to: PAR Electrical Contractors, Inc. Buster Segura, President 1416 Midway Road Vacaville, CA 95688 13.3 Change of Address. In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. SECTION 14 DEFAULT. 14.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor’s performance bond surety. 14.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. 13 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 15 CITY'S RIGHTS AND REMEDIES. 15.1 Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following: 15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. 15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto. 15.1.3 Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work. 15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. 15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. 15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City. 15.2 Delays by Sureties. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally 14 Rev. April 20, 2015 CONSTRUCTION CONTRACT liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. 15.3 Damages to City. 15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents. 15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City. 15.4 Suspension by City 15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work. 15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 15.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor. 15 Rev. April 20, 2015 CONSTRUCTION CONTRACT 15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work : .1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. .2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. .4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated. 15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section. 15.6 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, 16 Rev. April 20, 2015 CONSTRUCTION CONTRACT submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES. 16.1 Contractor’s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: 16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience. 16.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract. 16.2 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 17 ACCOUNTING RECORDS. 17.1 Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. 17 Rev. April 20, 2015 CONSTRUCTION CONTRACT 17.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 18 INDEPENDENT PARTIES. 18.1 Status of parties. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’ of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 19 NUISANCE. 19.1 Nuisance Prohibited. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 20 PERMITS AND LICENSES. 20.1 Payment of Fees. Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 21 WAIVER. 21.1 Waiver. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 18 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS. 22.1 Governing Law. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no other place. 22.2 Compliance with Laws. Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation, ordinances and resolutions, in the performance of work under this Construction Contract. SECTION 23 COMPLETE AGREEMENT. 23.1 Integration. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 24 SURVIVAL OF CONTRACT. 24.1 Survival of Provisions. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 25 PREVAILING WAGES. This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the public works contract does not include a project of $25,000 or less, when the project is for construction work, or the contract does not include a project of $15,000 or less, when the project is for alteration, demolition, repair, or maintenance (collectively, ‘improvement’) work. Or Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. 19 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 26 NON-APPROPRIATION. 26.1 Appropriations. 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 the City does not appropriate funds for the following fiscal year for this event, 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 Construction Contract 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 27 AUTHORITY. 27.1 Representation of Parties. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 28 COUNTERPARTS 28.1 Multiple Counterparts. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. SECTION 29 SEVERABILITY. 29.1 Severability. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 30 STATUTORY AND REGULATORY REFERENCES. 30.1 Amendments to Laws. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, unless otherwise required by law. SECTION 31 WORKERS’ COMPENSATION CERTIFICATION. 31.1 Workers Compensation. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 20 Rev. April 20, 2015 CONSTRUCTION CONTRACT SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS. 32.1 General Notice to Contractor. City requires Contractor and its listed subcontractors to comply with the requirements of SB 854. 32.2 Labor Code section 1771.1(a) City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 32.3 DIR Registration Required. City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. 32.4 Posting of Job Site Notices. City gives notice to Contractor and its listed subcontractors that Contractor is required to post all job site notices prescribed by law or regulation and Contractor is subject to SB 854-compliance monitoring and enforcement by DIR. 32.5 Payroll Records. City requires Contractor and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: (i) Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its listed subcontractors, in connection with the Project. (ii) The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its listed subcontractors, respectively. (iii) At the request of City, acting by its project manager, Contractor and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of City’s request. City requests Contractor and its listed subcontractors to submit the certified payroll records at the end of each week during the Project. 21 Rev. April 20, 2015 CONSTRUCTION CONTRACT (iv) If the certified payroll records are not produced to the project manager within the 10-day period, then Contractor and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof. (v) Inform the project manager of the location of contractor’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: ____________________________ Senior Deputy City Attorney PAR ELECTRICAL CONTRACTORS, INC. By:___________________________ Name:________________________ Title:__________________________ Date: _________________________ City of Palo Alto (ID # 5896) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Contract for Purchase of Triple Combination Fire Pumper Title: Approval of a Contract With Pierce Manufacturing Inc. in the Amount of $657,394 for the Purchase of a Triple Combination 1500 GPM Fire Pumper ; and Adoption of a Budget Amendment Ordinance in the Amount of $289,265 to Fund the Purchase of a Fire Pumper offset by a transfer from the General Fund and Corresponding Reduction to the Budget Stabilization Reserve (Scheduled Vehicle and Equipment Replacement Capital Improvement Program CIP VR-15000) From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1.Approve and authorize the City Manager to execute a purchase order with Pierce Manufacturing Inc. in the amount of $657,393.75 for the purchase of a Triple Combination 1500 GPM Fire Pumper; and 2.Authorize the City Manager or his designee to negotiate and execute one or more changes to the purchase order with Pierce Manufacturing Inc. for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $10,000;and 3.Adopt the attached Budget Amendment Ordinance (BAO)to transfer $289,265 (Attachment A) from the General Fund to the Vehicle Replacement Fund to allow for the purchase of a Triple Combination 1500 GPM Fire Pumper. In the Vehicle Fund, the Scheduled Vehicle and Equipment Replacement Project (VR-15000) is increased by $146,394, and the ending fund balance is increased by $142,871. In the General Fund, the City of Palo Alto Page 2 transfer to the Vehicle Fund is increased by $289,265, offset by a corresponding decrease to the Budget Stabilization Reserve. Background The Vehicle and Equipment Use, Maintenance, and Replacement Policy section 4- 1 provides for the on-going replacement of City fleet vehicles and equipment. Replacements are scheduled using guidelines based on age, mileage accumulation and obsolescence. Policy 4-1 prescribes a replacement interval for Class 13-Fire Apparatus Pumper Engines of twenty years or 85,000 miles. Audit of Vehicle Utilization and Replacement These purchases are being conducted with full consideration for the Audit of Vehicle Utilization and Replacement report dated April 2010. The Fleet Review Committee (FRC) has reviewed all of the vehicles proposed for replacement and has authorized their replacement. The (FRC) approved the replacement of this vehicle on January 15, 2015 in accordance with the audit recommendations. The approval was based on: ·An examination of each vehicle’s current usage; ·An analysis of each vehicle’s operating and replacement costs; ·A comparison of the age, mileage, operating cost and performance of each vehicle with others in the class; and ·An analysis of alternatives to ownership, such as mileage reimbursement; pooling/sharing; the reassignment of another underutilized vehicle, or renting. The vehicle staff recommends replacing Vehicle #6116, a 1991 Pierce Arrow XT Pumper with over 127,000 miles, has been used as a reserve vehicle during the last few years. In addition to exceeding the criteria for age and mileage, Vehicle #6116 has year to date repair/maintenance costs of over $10,000.In one year an engine is normally out of service for three days of maintenance. This vehicle has had five instances requiring the vehicle to be taken out of service since the beginning of the calendar year. Vehicle #6116 is no longer adequate for its intended use as it is often needed as a frontline engine or to assist with the California Disaster and Civil Defense Master Mutual Aid Agreement which dispatches engines out of the County.The City of Palo Alto’s Equipment City of Palo Alto Page 3 Maintenance section is familiar with the Pierce Arrow XT model and regularly stock parts to repair and maintain this apparatus.This purchase supports fleet standardization which lowers maintenance costs and increases efficiency. Discussion The Palo Alto Fire Department is a partner in the California Disaster and Civil Defense Master Mutual Aid Agreement between the State of California, each of its counties and those incorporated cities and fire protection districts. In a typical fire season, the Palo Alto Fire Department, along with the other participating county agencies, is dispatched via the Governor’s Office of Emergency Services to incidents outside the county, but within the state. An engine can be utilized by the state for several weeks of the summer. For example, in 2014 the Palo Alto Fire Department sent three engine companies to state campaign fires: one to the King Fire in El Dorado County and two to the Lodge Lightning Complex Fire in Mendocino County, each deployment lasting several weeks. While engines are being maintained or deployed with companies, it is imperative that the engines taking the frontline in their absence are reliable and continue providing an exceptional level of service to our community. This purchase will allow the Fire Department to carry the necessary compliment of tools and equipment for the City’s current fleet of fire engines. The vehicle staff recommend replacing is not able to accommodate the necessary tools and equipment. The new engine will benefit the community’s all risk emergency needs by: ·Exceeding the capabilities of the engine to be replaced ·Providing consistent training and application of engine company operations Bid Process A Request for Quotation (RFQ) for a 1500 GPM Fire Pumper was sent to six vendors on April 20, 2015. Bids were received from three qualified vendors on May 19, 2015, as listed on the attached bid summary. Bids ranged from a high of $668,561.00 to a low bid of $656,339.34. The lowest bid submitted from Rosenbauer did not meet the intent of the specification so is therefore non- responsive and cannot be considered for award. City of Palo Alto Page 4 Staff has reviewed all bids submitted and recommends that the second lowest bid submitted by Pierce Manufacturing Inc. be accepted and Pierce Manufacturing Inc. be declared the lowest responsible bidder. Resource Impact All vehicles purchased by the City are purchased out of the Vehicle Replacement Fund which is supported by department fund transfers to benefit future vehicle replacements. In the case of this Fire Pumper, the General Fund, via the Fire Department, has transferred funding to the Vehicle Replacement Fund over a period of years for this replacement. It has been determined, however, that the funds accumulated for this replacement are insufficient to support the cost of replacement by $289,265. The attached Budget Amendment Ordinance will provide for the transfer of funding from General Fund to the Vehicle Replacement Fund to support the full cost of replacement. A secondary action is included in the attached Budget Amendment Ordinance, which is to increase the budget in the Scheduled Vehicle and Equipment Replacement –Fiscal Year 2015 project (VR-15000) in the amount of $146,394, as the cost of the replacement exceeds the amount that was budgeted for this vehicle as part of the Fiscal Year 2015 budget process. The transfer from the General Fund to the Vehicle Replacement Fund will be offset by a reduction to the Budget Stabilization Reserve. As part of the Fiscal Year 2015 Year-End closing process, staff will bring forward recommendations to replenish the Fiscal Year 2016 Budget Stabilization Reserve using surplus Fiscal Year 2015 funds. Policy Implications Authorization of the contract does not represent any change to the existing policy. Environmental Review This vehicle will meet the EPA 2013 Emissions standards, and will meet the latest version of National Fire Protection Agency standards. Attachments: ·Attachment A -BID SUMMARY (DOCX) ·Attachment B -BAO XXXX -Triple Combination Fire Pumper (DOCX) Attachment A BID SUMMARY Triple Combination Fire Pumper RFQ159018 Hi-Tech $668,561.00 Pierce Manufacturing $657,393.75 Rosenbauer*$656,339.34 *Rosenbauer does not meet the intent of the specifications for a number of exceptions taken in the specification and errors in the bid response, and is therefore being considered as non-responsive and cannot be considered for award. Attachment B 1 5892/eb Revised September 8, 2015 Ordinance No. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2016 FOR THE VEHICLE REPLACEMENT FUND TO INCREASE THE SCHEDULED VEHICLE AND EQUIPMENT REPLACEMENT –FISCAL YEAR 2015 PROJECT (VR-15000) BY $146,394. THIS ACTION IS OFFSET BY A TRANSFER FROM THE GENERAL FUND IN THE AMOUNT OF $289,265, WITH THE DIFFERENCE OF $142,871 ADDED TO THE ENDING FUND BALANCE. IN THE GENERAL FUND, THE TRANSFER TO THE VEHICLE REPLACEMENT FUND IS INCREASED BY $289,265, OFFSET BY A REDUCTION TO THE BUDGET STABILIZATION RESERVE. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1.The Council of the City of Palo Alto finds and determines as follows: A.Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 15, 2015 did adopt a budget for fiscal year 2016; and B.The Vehicle and Equipment Use, Maintenance and Replacement Policy provides for the ongoing replacement of City fleet vehicles and equipment; and C.Replacements are scheduled using policy guidelines based on age, mileage accumulation, and obsolescence; and D.The city has in its fleet a 1991 Pierce Arrow XT Pumper which is twenty four years old and has over 127,000 miles, exceeding the prescribed replacement interval for Class 13 Pumper Engines of twenty years or 85,000 miles. As such, replacement is recommended at this time; and E.All vehicles purchased by the City are purchased out of the Vehicle Replacement Fund are supported by transfers from the fund that will benefit to the Vehicle Replacement Fund. In the case of this Fire Pumper, the General Fund, via the Fire Department, has transferred funding to the Vehicle Replacement Fund over a period of years for this replacement. It has been determined, however, that the funds accumulated for this replacement are insufficient to support the cost of replacement by $289,265. F.City Council authorization is needed to amend the 2016 budget as hereinafter set forth. SECTION 2. The Scheduled Vehicle and Equipment Replacement –Fiscal Year 2015 project (VR-15000) in the Vehicle Replacement Fund is hereby increased by One Hundred Forty Six Thousand Three Hundred and Ninety Four Dollars ($146,394), offset by a transfer from the General Fund of Two Hundred Eighty Nine Thousand, Two Hundred and Sixty Five Dollars Attachment B 2 5892/eb Revised September 8, 2015 ($289,265), with the difference of One Hundred Forty Two Thousand, Eight Hundred and Seventy One Dollars ($142,871) added to the Vehicle Replacement Fund ending fund balance. In the General Fund, the transfer to the Vehicle Fund is hereby increased by Two Hundred Eighty Nine Thousand, Two Hundred and Sixty Five Dollars ($289,265), offset by a decrease to the Budget Stabilization Reserve (BSR). SECTION 3. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 4. The actions taken in this ordinance do not constitute a project requiring environmental review under the California Environmental Quality Act (CEQA). INTRODUCED AND PASSED:Enter Date Here AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ________________________________________________________ City Clerk Mayor APPROVED AS TO FORM:APPROVED: ________________________________________________________ Senior Assistant City Attorney City Manager ____________________________ Director of Administrative Services ____________________________ Director of Public Works City of Palo Alto (ID # 5892) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Contract for Purchase of Two Ambulances Title: Approval of a Purchase Order With Leader Industries in an Amount not to Exceed $500,471 for the Purchase of two 2015 Chevrolet G4500 Type III Ambulances and Adoption of a Budget Amendment Ordinance for Fiscal Year 2016 in the Amount of $500,471 in the Vehicle Replacement Fund, offset by a transfer from the General Fund and Corresponding Reduction to the Budget Stabilization Reserve (Scheduled Vehicle and Equipment Replacement Capital Improvement Program CIP VR-15000) From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1.Approve and authorize the City Manager to execute a purchase order with Leader Industries in the amount of $500,470.63 for the purchase of two 2015 Chevrolet G4500 Type III Ambulances; and 2.Authorize the City Manager or his designee to negotiate and execute one or more changes to the purchase order with Leader Industries for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $10,000; and 3.Adopt a related Budget Amendment Ordinance (Attachment A) to appropriate $500,471 to the Scheduled Vehicle and Equipment Replacement -Fiscal Year 2015 project (VR-15000) in the Vehicle Replacement Fund, offset by a transfer from the General Fund and corresponding reduction to the Budget Stabilization Reserve. City of Palo Alto Page 2 Background The Vehicle and Equipment Use, Maintenance, and Replacement policy section 4- 1 provides for the on-going replacement of City fleet vehicles and equipment. Replacements are scheduled using guidelines based on age, mileage accumulation, and obsolence. Policy 4-1 prescribes a replacement interval for ambulances of four (4) years or 85,000 miles. Audit of Vehicle Utilization and Replacement These purchases are being conducted with full consideration for the Audit of Vehicle Utilization and Replacement report dated April 2010. The Fleet Review Committee (FRC) has reviewed all of the vehicles proposed for replacement and has authorized their replacement. The FRC) approved the replacement of these vehicles on January 16, 2015 in accordance with the audit recommendations. The approval was based on: ·An examination of each vehicle’s current usage; ·An analysis of each vehicle’s operating and replacement costs; ·A comparison of the age, mileage, operating cost and performance of each vehicle with others in the class; and ·An analysis of alternatives to ownership, such as mileage reimbursement; pooling/sharing; the reassignment of another underutilized vehicle, or renting. The City’s fleet currently includes five (5)ambulances,(three full-time, one part- time special events, and one 2003 Ford E-450 used as a dedicated reserve). The current mileage on the 2003 Ford E-450 is over 153,000 miles. Discussion The replacement of the obsolete reserve ambulance allows for a fully functional reserve unit should one of the four existing units break down, or be due for maintenance. The addition of a sixth ambulance would be used for special events throughout the year where the Fire Department is contracted to provide supplemental ambulance services. (Stanford games, Senior Games, etc.) Since cross-staffing Engine 65 with Medic 65,we have been able to provide a better service to the Palo Alto community without relying on outside resources to respond into our city for emergency medical service transports. City of Palo Alto Page 3 Ultimately, the Palo Alto Fire Departments goal is to capture 100% of the ambulance responses in Palo Alto. The purchase of these two ambulances would allow us to reach this goal. Bid Process A Request for Quotation (RFQ) for two ambulances was sent to four vendors on April 30, 2015. One bid, and one letter respectfully declining our invitation to bid were received on June 2, 2015 as listed on the attached bid summary. Staff recommends that the bid submitted by Leader Industries be accepted and that Leader Industries be declared the lowest responsible bidder. Resource Impact The Vehicle Replacement Fund does not currently have funding to support this purchase. Traditionally, vehicle procurements are pre-funded in the Vehicle Replacement Fund through annual charges to the department/fund that will benefit from the vehicle. In this instance, the General Fund, via the Fire Department, has not transferred funds to the Vehicle Replacement Fund, as this need was not previously identified. To support this cost, a transfer of $500,471 from the General Fund Budget Stabilization Reserve to the Vehicle Replacement Fund is recommended as part of this report. As part of the closing of Fiscal Year 2015, staff will bring forward a recommendation to use Fiscal Year 2015 budget surplus funds to replenish the Fiscal Year 2016 Budget Stabilization Reserve. In future years, the annual transfer from the General Fund, via the Fire Department, to the Vehicle Replacement Fund, will be increased to support the eventual replacement of these ambulances once they reach utilization thresholds. It should be noted that the cost of $500,471 includes the cost for outfitting the ambulances with all necessary equipment. Policy Implications Authorization of the contract does not represent any change to the existing policy. Environmental Review This vehicle will meet the EPA 2015 Emissions standards, and will meet the latest version of National Fire Protection Agency standards. City of Palo Alto Page 4 Attachments: ·Attachment A -Ambulance Bid Summary (DOCX) ·Attachment B -BAO XXXX -Ambulances (DOCX) Attachment A BID SUMMARY Two 2015 Chevrolet G4500 Type III Ambulances RFQ158734 Leader Industries $500,470.63 Emergency Vehicle Group, Inc.Declined Bid Attachment B 1 5892/eb Revised September 8, 2015 Ordinance No. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2016 FOR THE VEHICLE REPLACEMENT FUND TO INCREASE THE SCHEDULED VEHICLE AND EQUIPMENT REPLACEMENT –FISCAL YEAR 2015 PROJECT (VR-15000) BY $500,471, OFFSET BY A TRANSFER FROM THE GENERAL FUND. IN THE GENERAL FUND, A CORRESPONDING INCREASE TO THE TRANSFER FROM THE GENERAL FUND IS TO BE OFFSET BY A REDUCTION TO THE BUDGET STABILIZATION RESERVE. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A.Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 15, 2015 did adopt a budget for fiscal year 2016; and B.The City’s fleet currently includes five ambulances; and C.The Fire Department has remodeled their deployment where an engine company cross staffs an ambulance for 24 hours, in order to reduce the number of County EMS responses, allowing County ambulances to respond in other jurisdictions and to allow more Palo Alto Fire department ambulances to capture more calls in Palo Alto, provide more transports to the community, and collect additional revenue; and D.The addition of two more ambulances to the fleet will allow for the final retirement of an ambulance that has reached utilization thresholds but was being retained as a reserve, with one of the two new ambulances serving as a dedicated reserve vehicle, and also allow for an ambulance to be available for special events throughout the year where the Fire Department is contracted to provide supplemental ambulance services. E.City Council authorization is needed to amend the 2016 budget as hereinafter set forth. SECTION 2. The Scheduled Vehicle and Equipment Replacement –Fiscal Year 2015 project in the Vehicle Replacement Fund is hereby increased by Five Hundred Thousand Four Hundred and Seventy One Dollars ($500,471),offset by an increased transfer from the General Fund. In the General Fund, the annual charge from the Vehicle Replacement Fund is hereby increased by Five Hundred Thousand Four Hundred and Seventy One Dollars ($500,471), offset by a corresponding decrease to the Budget Stabilization Reserve (BSR). SECTION 3. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. Attachment B 2 5892/eb Revised September 8, 2015 SECTION 4.The actions taken in this ordinance do not constitute a project requiring environmental review under the California Environmental Quality Act (CEQA). INTRODUCED AND PASSED:Enter Date Here AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ________________________________________________________ City Clerk Mayor APPROVED AS TO FORM:APPROVED: ________________________________________________________ Senior Assistant City Attorney City Manager ____________________________ Director of Administrative Services ____________________________ Director of Public Works City of Palo Alto (ID # 6086) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: 5061 Skyline Blvd - Site and Design for Single Family Home Title: Approval of a Record of Land Use Action for a Site and Design Application of a One-Story 1,735 Sq. Ft. Single Family Home With an Attached One-Car Garage and Associated Site Improvements on a Vacant 11.04 Acre Parcel of Land in the Open Space (OS) Zoning District Located at 5061 Skyline Boulevard. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act per Section 15303 From: City Manager Lead Department: Planning and Community Environment Recommendation Approve the Record of Land Use Action (RLUA) granting a Site and Design application (Attachment A) to allow the construction of a new single-family residence and associated site improvements at 5061 Skyline Boulevard. Executive Summary The Palo Alto Municipal Code requires that City Council review significant development in the Open Space zone district and provides for Council Consent Calendar review of new single-family homes. The proposed project includes construction of a new one-story home that is screened from public views by the existing hill formation and establishes a new curb cut and driveway off of Skyline Boulevard. The Planning and Transportation Commission (PTC) voted unanimously to recommend approval of the project. Background The 11.04 acre project site is located along a designated scenic highway (Skyline Boulevard/Highway 35) and has neighboring single-family uses surrounding the property. The project site and the neighboring property are currently accessed from a shared driveway off of Skyline Blvd. The proposed project, requested by Noah Rogers, property owner, includes the construction of a one-story 1,735 sq. ft. three bedroom home with an attached one-car garage and 717 sq. ft. City of Palo Alto Page 2 rear deck at 5061 Skyline Boulevard. The site improvements include the installation of a three uncovered parking spaces, a new driveway, and landscape improvements. One notable, but relatively minor aspect of the project relates to the need for a new curb cut from Skyline Boulevard. The project includes two driveway options: a “straight” approach and a “curved” approach. Both would be paved with dark-tan asphalt and be visible from the road. Some trees would be removed and cut and fill grading activity is needed, though the “straight” approach also involves construction over a drainage ditch. Staff initially preferred the “curved” approach for aesthetic reasons and to minimize curb cuts on Skyline Boulevard, however, the PTC preferred the “straight” approach and its recommendation is incorporated into the RLUA. Project conditions are included requiring replacement trees and additional landscaping. Planning and Transportation Commission Review The PTC reviewed the proposed project on September 26, 2015 and voted unanimously (7-0-0- 0) to recommend approval of the development with the “straight” driveway alignment. Other than the brief driveway discussion, there were no other substantial concerns raised at the hearing and there were no members of the public that spoke to this item. The details of the driveway proposals are provided in the attached PTC staff report. In summary, the PTC did not think that the straight driveway alignment made a substantial visual impact, and since the property owner strongly preferred this layout, the PTC deferred to his request. The PTC staff report and meeting minutes have been included for additional background information and discussion details (Attachments C and D). Summary of Land Use Action: Review Process The project has been placed on the Council Consent Agenda, per PAMC 18.28.070(b)(2), for final action, and requires three votes to remove for the following actions: (a) Discuss the application and adopt findings and take action on the application based upon the evidence presented at the hearing of the planning and transportation commission; or (b) Direct that the application be set for a new hearing before the city council, following which the city council shall adopt findings and take action on the application. Scope of Review The Council may approve, modify or disapprove the proposed plans submitted as it may deem necessary to accomplish the following objectives: (a) To ensure construction and operation of the use in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. City of Palo Alto Page 3 (b) To ensure the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations, in the same or adjacent areas. (c) To ensure that sound principles of environmental design and ecological balance shall be observed. (d) To ensure that the use will be in accord with the Palo Alto Comprehensive Plan. In addition to the Site and Design Review objectives stated above, PAMC 18.28.070 Additional OS District Regulations, Section (p) Open Space Review Criteria, sets forth 12 review criteria taken from the Comprehensive Plan Conservation Element. Staff’s analysis of the project’s compliance with these Criteria has been provided in the attached RLUA (Attachment A). Summary of Key Issues Driveway Alignment As mentioned previously, the PTC recommended approval of the straight driveway alignment for the new home. Staff has revised the conditions of approval accordingly to address screening, tree protection, and replacement for the proposed tree removals. Please see Section 6 of the RLUA for details. Policy Implications The proposed project is consistent with the Comprehensive Plan and complies with the Open Space Review Criteria as noted in the RLUA. Staff believes there are no substantive policy implications. Environmental Review The proposed project has been determined to be Categorically Exempt per section 15303 of the California Environmental Quality Act. This exemption includes the construction and location of limited numbers of new, small facilities or structures and includes one single-family residence, or a second dwelling unit in a residential zone. Attachments: Attachment A: Draft Record of Land Use Action (DOC) Attachment B: Location Map (PDF) Attachment C: Planning and Transportation Commission Staff Report of August 26, 2015 (w/o attachments) (PDF) Attachment D: Excerpt Minutes from Planning and Transportation Commission Meeting of August 26, 2015 (PDF) Attachment E: Zoning Compliance (DOCX) Attachment F: Applicant's Project Description (PDF) Attachment G: Arborist Report (PDF) Attachment H: Project Plans (hardcopies to Councilmembers and Libraries only) (TXT) Attachment A Page 1 of 16 Draft ACTION NO. 2015-____ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 5061 SKYLINE BOULEVARD: SITE AND DESIGN REVIEW (14PLN-00017) On October 19, 2015, the Council of the City of Palo Alto approved the Site and Design Review application for construction of a one-story single-family residence with attached garage, landscaping and other site improvements in the Open Space Zone District, making the following findings, determination and declarations: SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. Roger Noah, property owner, has requested the City’s approval to allow construction of a one-story 1,735 sq. ft. three bedroom home with an attached one-car garage and 717 sq. ft. rear deck, and site improvements that include the installation of three uncovered parking spaces, a new driveway, and landscape improvements. (“The Project”) B. The project site is an 11.04 acre single parcel (APN 351-12-359) in the Palo Alto Foothills. The site is designated on the Comprehensive Plan land use map as Open Space and is located within Open Space (OS) zoning district. The proposed 1,735 sq. ft. wood-construction home would be finished with muted colors; the stucco walls would be painted with a taupe color and have a dark-grey tar and gravel roof. The proposed driveway would be paved with dark-tan integral color asphalt. The proposed total impervious coverage is approximately 4,400 sq. ft. and total floor area ratio is approximately 1,735 sq. ft., where 16,838 sq. ft. is allowed for both. C. The Planning and Transportation Commission (Commission) reviewed and recommended approval of the Project on August 26, 2015. The Commission’s recommendations are contained in CMR #6086 and the associated attachments. SECTION 2. Environmental Review. The proposed project has been determined to be Categorically Exempt per section 15303 of the California Environmental Quality Act. This exemption includes the construction and location of limited numbers of new, small facilities or structures and includes one single-family residence, or a second dwelling unit in a residential zone. SECTION 3. Site and Design Review Findings 1. The use will be constructed and operated in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. The project is located in an area of other single-family residential home sites. Although the project introduces development to a previously undeveloped site, the project was designed to minimize the visual impacts by being located behind the existing hill and following the natural topography of the site. The one-story development will Attachment A Page 2 of 16 have minimal visual impacts on adjacent sites. Furthermore, the materials, colors and landscaping selection have been designed to blend in with the natural environment to the greatest extent possible. 2. The project is consistent with the goal of ensuring the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations, in the same or adjacent areas. The project would maintain desirability of investment in the same and adjacent areas, in that the proposed design, size and use of the site are consistent with designated zoning and land use and is compatible with the existing adjacent residential uses. The construction of all improvements would be governed by the regulations of the current Zoning Ordinance, the Uniform Building Code, and other applicable codes to assure safety and a high quality of development. 3. Sound principles of environmental design and ecological balance are observed in the project. The project has been designed to respect the environmental setting, existing vegetation and topography. The proposed design of the residential structure and driveway will follow existing site topography. 4. The use will be in accord with the Palo Alto Comprehensive Plan. The project proposal complies with the policies of the Land Use and Community Design, and the Natural Environment elements of the Comprehensive Plan, including: Policy L-1: The Comprehensive Plan encourages the preservation of undeveloped land west of the Foothill Expressway and Junipero Serra as open space, with allowances made for very low- intensity development consistent with the open space character of the area. The Palo Alto Comprehensive Plan land use designation for the project site is Open Space/Controlled Development. Single-family residential uses are permitted within this district. The structures would be designed to minimize the impact on the open space by minimizing the amount of impervious surfaces, by designing a low-profile building and by the use of materials and colors that are compatible with the environment. Policy L-5: The Comprehensive Plan states to maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale. The project proposal would be compatible with other uses in the area and does not detract from the natural character of the site. Although the project would bring development to an essentially undeveloped site, the residential structure and other proposed improvements would result in minimal impacts to neighboring properties. Policy L-69: Preserve the scenic qualities of Palo Alto’s roads and trails for motorists, cyclists, pedestrians, and equestrians. Although the project would bring development to an essentially undeveloped site, the project would minimally impact views along Skyline Boulevard, a designated scenic highway, due to the placement of the new home behind the existing hill. Policy N-7: All development in the foothill portion of the Planning Area should be consistent with the City of Palo Alto Open Space development Criteria. Conformance with the Open Space Development Criteria is discussed below. Attachment A Page 3 of 16 SECTION 4. Open Space Review Criteria The project proposal meets the following Open Space Review Criteria and the intent of the Comprehensive Plan regarding development in designated open space areas. 1. The development should not be visually intrusive from public roadways and public parklands. As much as possible, development should be sited so it is hidden from view. The proposed construction would not be visible from Skyline Boulevard and surrounding properties. The low profile building and site plan follows existing natural topography minimizing the impact of the development from off-site views. Natural vegetation and existing mature trees will be maintained and the added landscape screening will facilitate the new development to blend in with the immediate environment. The use of earth tone colors and natural building materials would also minimize the visual impact of the development. 2. Development should be located away from hilltops and designed to not extend above the nearest ridgeline. The footprint of the proposed residence is not located on a hilltop and will not extend above the nearest ridgeline. 3. Site and structure design should take into consideration impacts on privacy and views of neighboring properties. The size and topography of the site and extensive vegetation will mitigate views of the proposed structures from adjacent properties. 4. Development should be clustered, or closely grouped, in relation to the area surrounding it to make it less conspicuous, minimize access roads, and reduce fragmentation of natural habitats. The mass of the home is set into and along the natural contours of the site. The site improvements are generally clustered together. The width and design of the driveway would minimize grading and reduce impacts on existing trees. 5. Built forms and landscape forms should mimic the natural topography. Building lines should follow the lines of the terrain, and trees and bushes should appear natural from a distance. The building footprint and driveway areas, which roughly follow the existing slope, are responsive to the natural topography. The project would remove limited numbers of trees and vegetation, thereby reducing the disturbance to the site. 6. Existing trees with a circumference of 37.5 inches, measured 4.5 feet above the ground level, should be preserved and integrated into the site design. Existing vegetation should be retained as much as possible. The project includes the removal of several trees, including one 39.5 inch Douglas fir located within the driveway path. The Urban Forestry division has reviewed and supports this proposed removal. The Arborist Report and construction plans have been evaluated by the Urban Forestry Planning Arborist, who has agreed that sufficient tree protection measures have been included in the project. 7. Cut is encouraged when it is necessary for geotechnical stability and to enable the development to blend into the natural topography. Fill is generally discouraged and should never be distributed within the driplines of existing trees. Locate development to minimize the need for grading. Attachment A Page 4 of 16 The proposed cut is primarily associated with the new code compliant driveway and will be transported off-site. The proposed fill, approximately 180 cubic yards, is not significant for this site. 8. To reduce the need for cut and fill and to reduce potential runoff, large, flat expanses of impervious surfaces should be avoided. Impervious surfaces have been minimized, limited primarily to the building footprint and driveway. Impervious surfaces would be well below the allowed 3.5% of the site area. 9. Buildings should use natural materials and earthtone or subdued colors. The wood- construction home would be finished with muted colors; the stucco walls would be painted with a taupe color and have a dark-grey tar and gravel roof. The proposed driveway would be paved with dark-tan integral color asphalt. The proposed colors and material will blend with the surroundings. 10. Landscaping should be native species that require little or no irrigation. Immediately adjacent to structures, fire retardant plants should be used as a fire prevention technique. The landscape plan was designed to fit seamlessly with the existing natural areas of the site. Plant materials are selected for water conservation and low-maintenance characteristics. 11. Exterior lighting should be low-intensity and shielded from view so it is not directly visible from of-site. The project includes minimal exterior lighting, and with the home being located behind the hill, the lighting will generally not be visible from surrounding lands. 12. Access roads should be of a rural rather than urban character. (Standard curb, gutter, and concrete sidewalk are usually inconsistent with the foothills environment). The proposed driveway will be integral dark-tan color asphalt. This treatment will help the new driveway blend more into the existing landscape and will be a durable material that would require minimal maintenance. 13. For development in unincorporated areas, ground coverage should be in general conformance with Palo Alto's Open Space District regulations. The project is within the City limits and meets the O-S (Open Space) District zoning regulations. SECTION 5. Site and Design Approvals Granted. Site and Design Approval is granted by the City Council under Palo Alto Municipal Code Section 18.82.070 for application 14PLN-00017, subject to the conditions of approval in Section 6 of the Record. SECTION 6. Conditions of Approval. Planning Division 1. The plans submitted for a Building Permit shall be in substantial conformance with plans last revised on August 19, 2015, except as modified to incorporate the following conditions of approval and any additional conditions placed on the project by the Planning Commission or City Council. Attachment A Page 5 of 16 2. The following conditions of approval shall be printed on the cover sheet of the plan set submitted with the Building Permit application. 3. The approved driveway layout for this project is shown on sheet C-2 of the project plans and is referred to as the “straight” driveway alignment. 4. The approved building materials and color scheme shall be shown on the building permit drawings for all buildings, structures, and other features. 5. A landscaping plan shall be included with the plans submitted for the building permit. The plan shall include species type, size and quantities to be planted. The irrigation plan shall be included showing any mechanical irrigation systems. 6. The existing natural vegetation and land formations shall remain in a natural state unless modification is found to be necessary for a specific use allowed in the Open Space zone district through the site and design approval procedure. Reduction or elimination of fire hazards will be required where heavy concentrations of flammable vegetation occur. 7. A follow-up arborist and/or landscape report shall be required five years after the final sign-off of the project completion. This report shall evaluate the health of trees and significant landscape that were required for screen planting or and/or were designated as protected plantings on the approved plans for the project. Any subsequent owner(s) shall also be obligated to replace any trees that die with trees of the same size and species stated on the approved planning and building permit plans. 8. All new windows and glass doors shall be of a glass type that minimizes reflectivity from off- site views. 9. All exterior lighting shall be directed down to avoid any impact upon surrounding property and open space lands. 10. If during grading and construction activities, any archeological or human remains are encountered, construction shall cease and a qualified archaeologist shall visit the site to address the find. The Santa Clara County Medical Examiner's office shall be notified to provide proper direction on how to proceed. If any Native American resources are encountered during construction, construction shall cease immediately until a Native American descendent, appointed by the Native American Heritage Commission of the State of California, is able to evaluate the site and make further recommendations and be involved in mitigation planning. 11. Indemnity: To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. Attachment A Page 6 of 16 12. Judicial Review. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6. 13. Impact Fees. Development Impact fees (including Parkland Dedication, Community Facilities, Library, Housing, and Citywide Transportation Impact Area fees) with an estimated total of $23,569 must be paid prior to building permit issuance. This is an estimate and the final total may change based on date of building permit submittal. 14. 90-day Protest Period: California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day period has begun in which you may protest these requirements. Public Works Engineering 15. DRIVEWAY APPRAOACH: Public Works, the Transportation Division, and Caltrans generally discourage the construction of new curb cuts and driveway approaches within the public right of way, especially when there’s an opportunity to utilize an existing driveway approach. Currently, there is an existing driveway approach on the neighboring property with what appears to be an access easement for the subject property. Public Works would prefer that the applicant configure the new driveway to utilize the existing driveway approach and access easement, unless this configuration is found to be infeasible due to construction or design stipulations from other departments such as Fire or Planning. Please note that if utilized, the existing driveway approach may need to be upgraded to current Caltrans and CPA fire requirements. The following comments are provided to assist the applicant at the building permit phase. You can obtain various plan set details, forms and guidelines from Public Works at the City's Development Center (285 Hamilton Avenue) or on Public Works’ website: http://www.cityofpaloalto.org/gov/depts/pwd/default.asp. Include in plans submitted for a building permit: Attachment A Page 7 of 16 16. STREAM CORRIDOR PROTECTION: This property is located within the stream corridor protection zone, as defined by Palo Alto Municipal Code 18.40.140. Structures are prohibited within 20 feet of the top of a stream embankment or within a 2:1 slope from the bottom of an embankment. As currently proposed, the project complies with the separation criteria, but as the plans mature, please ensure the following are addressed or delineate the area of work on the site plan to clearly show that no activity or structures are within the protection area. New fences shall be constructed at least 5’ landward from the top of bank All native riparian vegetation within 100 feet from the top of bank shall be retained unless its removal is approved by the Director of Planning and Community Environment. Replacement planting shall be required when native riparian vegetation is approved for removal. Planting of non-native invasive plant species is not permitted. Prohibited plant material is listed in the Santa Clara Valley Water Resources Protection Collaborative User Manual Guidelines and Standards for Land Uses Near Streams. Only native riparian vegetation shall be planted between the top of the banks of a stream. Loading docks, trash enclosures, chemical storage areas, and stationary noise-producing mechanical equipment shall be located a minimum of 50 feet from the top of bank of a stream. Nighttime lighting shall be directed away from the riparian corridor of a stream. Irrigation systems shall be designed such that they do not cause soil erosion. Consider the following guidelines: Maximize the distance between nighttime lighting and the riparian corridor of a stream Bright colors and glossy or glare-producing building finishes on buildings facing streams or riparian areas should be avoided. Note that creek areas may affect lot area calculation criteria as it relates to zoning requirements from the Planning and Community Environment department. 17. GRADING & EXCAVATION PERMIT: An application for a grading & excavation permit must be submitted to Public Works when applying for a building permit. The site plan must include an earthworks table showing soil volumes cut and filled outside of the building footprint. The application and guidelines are available at the Development Center and on our website. Instructions: http://www.cityofpaloalto.org/civicax/filebank/documents/11697 Application: http://www.cityofpaloalto.org/civicax/filebank/documents/11695 18. INTERIM & FINAL SEDIMENT AND EROSION CONTROL PLAN: The plan set must include an interim and final sediment and erosion control plan to satisfy Grading and Excavation permit requirements defined in PAMC 16.28.090. On the interim plan, provide a brief description, and show the locations of, measures undertaken to retain sediment on site, including but not limited to the designs and specifications for sediment traps; silt fences; straw bales; stabilized construction entrances; vegetative measures; construction material storage, disposal, and use. Provide a schedule for their maintenance and upkeep. The final plan shall show structures not covered by the interim plan and the following: graphic illustration, description of, and specifications for sediment retention devices, surface runoff and erosion control devices, vegetative measures, and all permanent control measures incorporated into final structures. Attachment A Page 8 of 16 All of the above may be depicted on the Grading and Drainage Plan. Refer to PAMC 16.28.120 and 16.28.130 for more details. 19. GRADING & DRAINAGE PLAN: The plan set must include a grading & drainage plan prepared by a licensed professional that includes existing and proposed spot elevations and drainage flow arrows to demonstrate proper drainage of the site, especially near any large cuts, fills, embankments or terraces. Adjacent grades must slope away from the house a minimum of 2%. Downspouts and splashblocks shall be shown on this plan, as well as any site drainage features such as swales. Grading will not be allowed that increases drainage onto, or blocks existing drainage from, neighboring properties. Public Works encourages the developer to keep rainwater onsite as much as feasible by directing runoff to landscaped and other pervious areas of the site. See the Grading & Drainage Plan Guidelines for Residential Developments on our website: http://www.cityofpaloalto.org/civicax/filebank/documents/2717 20. STORM WATER POLLUTION PREVENTION: The City's full-sized Pollution Prevention - It's Part of the Plan sheet must be included in the plan set. Copies are available from Public Works at the Development Center or on our website: http://www.cityofpaloalto.org/civicax/filebank/documents/2732 21. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website: http://www.cityofpaloalto.org/civicax/filebank/documents/2718 22. STORM WATER TREATMENT: This project shall comply with the California Regional Water Quality Control Board’s revised provision C.3 for storm water regulations. These regulations apply to residential land development projects that create or replace between 2,500 and 10,000 square feet of impervious surface area. The applicant must implement one or more of the following site design measures: Direct roof runoff into cisterns or rain barrels for reuse. Direct roof runoff onto vegetated areas. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. Construct sidewalks, walkways, and/or patios with permeable surfaces. Construct driveways, and/or uncovered parking lots with permeable surfaces. 23. CALTRANS: If a new driveway will be constructed as part of this project, Caltrans review and approval is required. Caltrans right-of-way across Skyline Boulevard extends from property line to property line and must review and approve any new or proposed abandonments of ingress/egress driveways off Skyline Boulevard as well as the installation of any traffic control devices associated with this project. Attachment A Page 9 of 16 Public Works - Urban Forestry PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE 24. TREE REMOVAL—REPLACEMENT TREES. Building permit plans shall reflect: Six trees are approved for removal (#2, 3, 4, 9, 10 and 11), including the large mature Douglas Fir #11, constituting a total of 111-feet of crown removal. Pursuant to the Tree Technical Manual, Section 2.20, Tree Canopy Replacement Standard, the commensurate replacement of 12 new trees shall include, seven native black oaks (24-inch box size) installed at the top of the ridge in addition to the five native CA buckeye trees, as shown on Landscape Plan Sheet A-7-A. 25. SLOPE VEGETATION. All graded slopes shall be scarified to a 6" minimum. All graded areas shall be covered with a layer of jute netting, laid over irrigation lines where installed. Hydroseed shall overlap any grading area by 20’. Hydroseed shall be applied only after all planting/irrigation/jute netting is in place, October to November 27 preceding winter rains. 26. PLANTING & IRRIGATION. All drip irrigation shall be carefully located and pinned upslope of plant material. Trees shall have at least two concentric irrigation rings for root growth. Project arborist shall verify in Monthly Activity Report that tree planting area is loosened 2x diameter of root ball prior to planting. Irrigation system shall be adjusted yearly for three years for function by a qualified technician. 27. BUILDING PERMIT SUBMITTAL- PROJECT ARBORIST CERTIFICATION LETTER. Prior to submittal for staff review, attach a Project Arborist Certification Letter that he/she has; (a) reviewed the entire building permit plan set submittal and, (b)* verified all his/her updated TPR mitigation measures and changes are incorporated in the plan set, (c) affirm that ongoing Contractor/Project Arborist site monitoring inspections and reporting have been arranged with the contractor or owner (see Sheet T-1) and, (d) understands that design revisions (site or plan changes) within a TPZ will be routed to Project Arborist/Contractor for review prior to approval from City. * (b above) other information. The Building Permit submittal set shall be accompanied by the project site arborist’s certification letter that the plans have incorporated said design changes and are consistent with City Tree Technical Manual Standards, Regulations and information: a. Provide a project arborist’s Updated Tree Protection Report (TPR) with building permit level mitigation measures, (e.g., resolve grading proximity issues with Public trees; exact TPZ scaled in feet). Provide plan revision directions to minimize root cutting conflicts that are obvious in the civil, basement, sidewalk improvement sheets. See TPR below. Attachment A Page 10 of 16 b. Palo Alto Tree Technical Manual Construction Standards, Section 2.00 and PAMC 8.10.080. 28. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall include the following information and notes on relevant plan sheets: a. SHEET T-1, BUILDING PERMIT. The building permit plan set will include the City’s full-sized, Sheet T-1 (Tree Protection-it's Part of the Plan!), available on the Development Center website at http://www.cityofpaloalto.org/civicax/filebank/documents/31783. The Applicant shall complete and sign the Tree Disclosure Statement and recognize the Project Arborist Tree Activity Inspection Schedule. Monthly reporting to Urban Forestry/Contractor is mandatory. (Insp. #1: applies to all projects; with tree preservation report: Insp. #1-7 applies) b. The Tree Preservation Report (TPR). All sheets of the Applicant’s construction level TPR approved by the City for full implementation by Contractor, Ray Morneau—Arborist, shall be printed on numbered Sheet T-1 (T-2, T-3, etc) and added to the sheet index. c. Plans to show protective tree fencing. The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show the correct configuration of Type I, Type III fencing around each Regulated Tree, using a bold dashed line enclosing the Tree Protection Zone (Standard Dwg. #605, Sheet T-1; City Tree Technical Manual, Section 6.35-Site Plans); or by using the Project Arborist’s unique diagram for each Tree Protection Zone enclosure. 29. SITE PLAN REQUIREMENTS: In addition to showing TPZ fencing, slope vegetation, planting & irrigation above, add the following Notes on the specified Plan Sheets. a. Note #1. Apply to the site plan stating, "All tree protection and inspection schedule measures, design recommendations, watering and construction scheduling shall be implemented in full by owner and contractor, as stated on Sheet T-1, in the Tree Protection Report and the approved plans”. b. Note #2. All civil plans, grading plans, irrigation plans, site plans and utility plans and relevant sheets shall add a note applying to the trees to be protected, including neighboring trees stating: "Regulated Tree--before working in this area contact the Project Site Arborist at 650-321-0202"; c. Note #3. Utility (sanitary sewer/gas/water/backflow/electric/storm drain) plan sheets shall include the following note: “Utility trenching shall not occur within the TPZ of the protected tree. Contractor shall be responsible for ensuring that no trenching occurs within the TPZ of the Attachment A Page 11 of 16 protected tree by contractors, City crews or final landscape workers. See sheet T-1 for instructions.” d. Note #4. “Basement or foundation plan. Soils Report and Excavation for basement construction within the TPZ of a protected tree shall specify a vertical cut (stitch piers may be necessary) in order to avoid over-excavating into the tree root zone. Any variance from this procedure requires Urban Forestry approval, please call (650) 496-5953.” 30. LANDSCAPE PLANS a. Include all changes recommended from civil engineer, architect and staff, including planting and special irrigation specifications for hillside planting, as detailed by the project arborist, b. Provide a detailed landscape and irrigation plan. A licensed landscape architect and qualified irrigation consultant will prepare these plans, to include: i. All existing trees identified both to be retained and removed including street trees. ii. Complete plant list indicating tree and plant species, quantity, size, and locations. iii. Irrigation schedule and plan. iv. Landscape Plan shall ensure the backflow device is adequately obscured with the appropriate screening to minimize visibility (planted shrubbery is preferred, painted dark green, decorative boulder covering acceptable; wire cages are discouraged). v. Landscape plan shall include planting preparation details for trees specifying digging the soil to at least 30-inches deep, backfilled with a quality topsoil and dressing with 2-inches of wood or bark mulch on top of the root ball keeping clear of the trunk by 1-inch. vi. Automatic irrigation shall be provided to all trees. For trees not fitted with circles of drip tubing , Standard Dwg. #513 shall be included on the irrigation plans and show two bubbler heads mounted on flexible tubing placed at the edge of the root ball. Bubblers shall not be mounted inside an aeration tube. The tree irrigation system shall be connected to a separate valve from other shrubbery and ground cover, pursuant to the City's Landscape Water Efficiency Standards. c. Include a detail for retaining walls near tree trunks. d. Include a detail for slope planting, including berming, cut, drainage provision and erosion control. e. Include planting detail provision for (a) rodent control (root protections) and (b) deer control (twig & bark browsing protection). f. GRASSLAND HYDROSEED MIX. All disturbed areas (20’ overlap) of the site shall be applied with CPA approved Hydroseed mix by November 27 preceding winter season rains. Unless otherwise specified, CPA Hydroseed Mix Specifications for Los Trancos Watershed shall be utilized from Planning Department Staff. g. Add note to L Sheets: “Mandatory Landscape Architect (LA) Inspections and Verification to the City. The LA shall verify the performance measurements are achieved with a letter of verification to City Planning staff, in addition to owner’s representative for the following: Attachment A Page 12 of 16 i. All the above landscape plan and tree requirements are in the Building Permit set of plans. ii. Percolation & drainage checks have been performed and are acceptable. iii. Fine grading inspection of all plantable areas has been personally inspected for tilling depth, rubble removal, soil test amendments are mixed and irrigation trenching will not cut through any tree roots. iv. Tree and Shrub Planting Specifications, including delivered stock, meets Standards in the CPA Tree Technical Manual, Section 3.30-3.50. Girdling roots and previously topped trees are subject to rejection. DURING CONSTRUCTION 31. TREE PROTECTION VERIFICATION. Prior to any site work a written verification from the contractor that the required protective fencing is in place shall be submitted to the Urban Forestry Section (derek.sproat@cityofpaloalto.org). The fencing shall contain required warning sign and remain in place until final inspection of the project. 32. SUDDEN OAK DEATH (Best Management Practices). To deter the potential spread of sudden oak death disease in Palo Alto, the City requires that all contractor activities and delivery vehicles perform the work according to the county quarantine restrictions in the attached Sudden Oak Death Best Management Practices. Violation is subject to penalty and/or prosecution. http://www.cityofpaloalto.org/environment/default.asp 33. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. 34. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, Ray Morneau, 414.412.1127, or (b) landscape architect with written letter of acceptance before submitting the revision to the Building Department for review by Planning, PW or Urban Forestry. 35. CONDITIONS. All Planning Department conditions of approval for the project shall be printed on the plans submitted for building permit. Attachment A Page 13 of 16 36. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR & Sheet T-1, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. Project arborist approval must be obtained and documented in the monthly activity report sent to the City. The mandatory Contractor and Arborist Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. 37. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 38. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. PRIOR TO OCCUPANCY 39. LANDSCAPE CERTIFICATION LETTER. The Planning Department shall be in receipt of a verification letter that the Landscape Architect has inspected all trees, shrubs, planting and irrigation and that they are installed and functioning as specified in the approved plans. 40. PROJECT ARBORIST CERTIFICATION LETTER. Prior to written request for temporary or final occupancy, the contractor shall provide to the Planning Department and property owner a final inspection letter by the Project Arborist. The inspection shall evaluate the success or needs of Regulated tree protection, including new landscape trees, as indicated on the approved plans. The written acceptance of successful tree preservation shall include a photograph record and/or recommendations for the health, welfare, mitigation remedies for injuries (if any). The final report may be used to navigate any outstanding issues, concerns or security guarantee return process, when applicable. Attachment A Page 14 of 16 41. PLANNING INSPECTION. Prior to final sign off, contractor or owner shall contact the city planner (650-329-2441) to inspect and verify Special Conditions relating to the conditions for structures, fixtures, colors and site plan accessories. POST CONSTRUCTION 42. MAINTENANCE. All landscape and trees shall be maintained, watered, fertilized, and pruned according to Best Management Practices-Pruning (ANSI A300-2008 or current version) and the City Tree Technical Manual, Section 5.00. Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. Fire Department 43. The driveway shall be engineered cement or asphalt and shall be designed to support loads up to 50,000 lbs. 44. A fire sprinkler system will be required for the structure in accordance with NFPA 13-D and State and Local requirements. The system shall be provided with an approved pump, elevated tank(s) or other approved means to supply the required water flow for the sprinklers in addition to domestic demand. 45. The structure shall be constructed with a Class A roof. 46. The roof, exterior walls and decks shall be of approved ignition resistant materials. Any attic spaces, roof tiles, and the underside of structure and shall be protected from entry by flying embers using approved construction techniques or devices. 47. Please review the provision for a fireplace with the Planning Department to determine what type of fireplace is permissible. 48. There are no indications of a water heater or furnace in the plans, and no propane tank is shown. If a propane tank is to be installed as part of this project, the piping should be shown on the building permit plan sets, and a separate permit from the Fire Prevention Bureau is required for the installation of the tank. 49. An approved fuel modification plan is required for landscaping within 100 feet of the structure and 200 feet downslope. All vegetation and landscaping within 30 feet of the Attachment A Page 15 of 16 structure shall be of approved, irrigated plantings or ignition resistant materials. Tree limbs shall be trimmed clear of the structure, a minimum of six feet clear of the ground and shall not overhang the roof line. Building 50. The permit application shall be accompanied by all plans and related documents necessary to construct a complete project. 51. Separate submittals and permits are required for the following systems and components if utilized: E.V., P.V., and Solar Hot Water systems. 52. The Building Permit Plans shall be prepared by a licensed architect. When the plans are submitted for a building permit, be sure to include the full scope of work including all site development, disabled access and exiting for the entire site, utility installations, architectural, structural, electrical, plumbing, mechanical work associated with the proposed project. The plans shall include the allowable floor area and entire building area calculations on the project data sheet and where there are multiple occupancies, provide unity calculations for either separated or non-separated uses. 53. The existing onsite septic system shall not be impacted by the construction, i.e., no vehicular traffic is allowed on the leach field, no cuts, fills or retaining walls down grade of the leach field for 100’ (feet) unless a septic system design professional addresses these proposed conditions. 54. Show on the site plans at submittal for permits the location of the leach field lines and distances to cuts, fills, retaining walls, and/or driveway. 55. The grade shown makes for an assumption that a lift station will be used for the sewage from the residence to the septic tank and/or leach field. If this is proposed, provide plan details for the lift station(s) that include audible/visual failure warning device(s), a dual pump backup ejector system with automatic means of failure integration. 56. Provide the existing onsite septic system design to verify it is adequately designed and installed for a minimum 3 bedroom system. 57. The ejector pump system (lift station), is required to be installed with a backwater valve and gate valve for downstream protection while maintenance and repairs are needed, and the ejector system shall be either fully exposed or installed in a masonry vault with adequate access to all components. 58. Cuts and fills shall have a max slope of 2:1 and achieve a min. 90% compaction or will be fully designed by a design professional and inspection by a 3rd party soil engineering firm. 59. Erosion control measures for temporary and permanent conditions will apply to all cuts and fills. Attachment A Page 16 of 16 60. If onsite firefighting water tanks are provided they will be seismically constrained and on a minimum slab with foundation adequate to support all conditions of loading i.e., gravity and seismic loads. 61. Onsite storm drainage will maintain natural water courses or be fully designed by a drainage engineer with an analysis of all upstream and downstream flows and water courses. 62. If there will be an onsite LPG tank show its location and size in gallons along with the foundation supporting it and the plans. SECTION 7. Term of Approval. Site and Design Approval. In the event actual construction of the project is not commenced within two years of the date of council approval, the approval shall expire and be of no further force or effect, pursuant to Palo Alto Municipal Code Section 18.30(G).080. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Community Environment APPROVED AS TO FORM: ___________________________ Senior Asst. City Attorney 137-17-022 137-17-011 167-05-003 167-05-030 137-26-080 148-06-019 182-37-010 351-35-001 182-56-011 182-54-007 142-17-027 175-21-077 175-32-009 175-20-010 142-17-034 182-38-021 182-36-029 182-36-030 182-46-006 182-46-002 182-38-029 182-38-013 182-38-028 182-38-015 182-38-027 182-38-026 182-38-030 182-38-002 182-56-001 182-56-002 182-56-010 182-56-009 182-56-003 182-56-012 182-56-008 182-56-007 182-56-006 182-36-022 182-56-013 182-36-010 351-05-039 351-05-051 351-05-030 351-05-044 351-05-010 351-05-037 351-05-006 351-05-054 351-05-053 351-05-050 351-05-045 351-05-046 351-05-047 351-05-048 351-05-049 351-05-043 351-05-042 182-54-016182-54-015 182-54-008 351-05-024 182-54-013 182-54-012 182-54-004 182-54-014 182-54-005 182-38-014 182-36-031 182-54-006 182-35-035 351-25-004 351-04-031 351-04-023 351-01-019 351-25-012 351-06-013 351-25-014 351-25-015 351-09-002 351-12-043 351-06-017 351-12-056 351-12-045 351-12-057 351-12-050 351-12-054 351-12-048 351-12-064 351-12-065 351-12-069 351-06-025 351-09-003 351-25-011 351-12-068 351-05-009 351-12-006 351-25-005 351-05-057 351-05-058 351-05-056 351-12-061 351-12-060 000-00-000 351-35-002 182-36-999 182-38-999 000-00-000 351-12-062 351-12-066 000-00-000 182-46-019 182-46-013 182-46-014 182-46-999 182-46-020 182-46-018 182-46-015 182-46-016 182-46-017 182-46-011 182-46-012 351-12-067 351-12-063 280 Fwy N Mountai View Los AltosLos Altos Hills Santa Clara County San Mateo County Portola Valley FoothillsPark Los TrancosOpen SpacePreserve Monte Bello OpenSpace Preserve Upper StevensCreek CanyonCounty Park Skyline Ridge OpenSpace Preserve Long Ridge OpenSpace Preserve Russian RidgeOpen SpacePreserve Coal CreekOpen SpacePreserve JasperRidgeBiologicalPreserve Rancho San AntonioOpen Space Preserve FoothillOpen SpacePreserve ArastraderoPreserve BolPark TermanPark MonroeParkJuanaBrionesPark EstherClarkPark 105.0'116.0'123.4'18.2'24.3'16.5'21.8'114.1'120.7'99.6'112.5'95.8'50.5'114.1'46.0'121.5'120.7'95.8'48.3'28.7'122.1'2.9'74.9'121.5' 15.2'20.4'95.0'101.2'107.0'95.5' 55.9'81.9'49.0'24.4'107.5'60.9'107.5'48.9'15.9'100.0'76.1'100.0'76.1'100.0'35.8'88.9'46.9'61.6'89.0'28.2'42.3'81.9'55.9'14.0'88.9' 50.9'101.9'47.3'44.4'85.2'83.2'85.2'43.9'15.2'4.5'97.0'63.0'97.0'43.0'31.4'77.0' 31.4'32.4'15.2'44.0'47.8'107.0'43.0'63.7'106.0'70.2'51.8'40.4'24.2'51.8'70.2'67.0'90.2'105.8'107.0'58.0'107.0'58.0' 30.5'104.5'101.0'95.0' 23.7'33.9'19.0'107.0'75.9'101.7'65.6'101.7'62.0'122.1' 107.0'58.0'107.0'58.0'107.0'47.8'44.0'15.2'32.4'31.4'43.0'70.1'80.0'63.7'18.7'79.8' 197.2'56.1'197.2'56.1' 92.2'143.5'92.2'143.6'86.0'143.4'86.0'143.5' 73.3'145.7'72.0'159.0'145.7'50.7'24.4'143.0'75.0'143.0'76.4'143.0'76.4' 35.3'143.6'100.0'88.7'96.4'56.5'47.3'151.8'23.0'104.5'35.3'96.4'88.7'88.0'188.8'143.0' 214.2' 17.4' 321.7' 186.3' 268.5' 276.7' 129.5' 464.9' .5' 1159.2' 1476.6' 24.2'133.8'90.1'67.0'70.1'79.8' 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175.0'14.2'68.3'11.0'133.8'70.4'138.3'75.0'130.4'15.3'5.0'59.8'91.3'15.3'130.4'5.0'68.0'139.6'60.8'59.8'132.8'112.3'46.5'126.4'139.6'77.0'139.6'77.0'95.5'12.5'13.7'119.0'20.0'32.5'139.0'145.7'85.7'100.7'70.7'40.8'139.0'75.0'145.7'75.4' 112.3'74.2'100.1'119.0'44.0'139.6'70.5'139.7'74.2'120.1'126.6'38.4'22.6'134.8'134.8'32.1'24.0'121.5'107.5' 121.5'65.8'31.4'101.5'85.7' 120.1'81.3'104.6'53.8'44.0' 194.6'23.4'11.7'103.6'31.4'89.8'17.5' 86.0'143.2'86.0'143.3'86.0'143.3'86.0'143.4' 40.1'102.0'51.4'115.0'75.4'102.1'110.0'102.0'43.4'24.9' 90.0'115.0'90.0'115.0'90.0'115.0'90.0'115.0'90.0'115.0'90.0'115.0'114.2'115.0'86.5'98.7'39.5' 143.2'82.0'143.1'82.0' 139.7'26.1'20.4'152.6'126.6' 133.1'9.3'10.9'108.4'18.8' 38.2'25.8'79.9'90.1'121.9'90.1'79.4'138.3'108.0' 1.0'199.7' 29.8'41.6'14.0'137.9'78.5'65.0'3.5'50.0'199.7' 36.0'122.5'56.0'102.5'31.4'122.5'76.0'122.5'76.0'50.0'199.7'50.0'200.3' 24.9'40.0'65.3'65.2'85.5'137.9' 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349.1' 1330.3' 522.6' 685.0'360.4' 685.0'360.4' 685.0' 325.0' 31.4'69.9'80.9'480.6'78.8' 559.4' 252.0'301.6'227.4' 88.9'149.3'150.5' 2781.2' 354.7' 2395.4' 255.9'313.4'343.3'54.3' 300.1' 100.0'260.2' 200.0' 170.0'160.1'584.2' 404.8' 749.9' 343.0' 725.0' 368.0'102.0' 603.1' 31.4' 444.5' 325.7' 2273.3' 176.2' 153.9' 678.7' 300.5' 696.9' 595.8' 373.7' 758.0' 428.7' 68.3' 403.2' 801.8' 403.2' 801.3'381.0' 400.0'361.0' 30.3' 381.1'401.3'381.0' 544.2' 109.7'313.4'319.8'125.7'50.0'170.0' 150.0' 120.1'199.9'70.0'200.0'63.4'117.0'21.7'50.0'75.0'30.0'105.0' 700.0' 609.4' 17.3'78.2'157.3'88.3'10.6'196.6'44.8' 860.6' 180.8' 860.6' 448.2'37.2' 1145.3' 365.8' 27.2' 31.4' 557.6' 640.0'575.2' 618.1' 596.5' 59.3'26.1' 657.9' 1145.3' 30.0' 575.2'640.0' 395.0'69.6'357.9'88.3'322.7'433.3'69.6' 545.0'50.0'75.0'30.0'105.0' 1087.0' 492.6' 180.0'160.0' 264.3' 216.7' 154.5' 1109.3' 58.6'22.9'41.7' 697.7'6.2'483.4'322.6'617.1'619.2'51.1'5.0'32.7'55.7'6.9'133.8'126.8'358.4'111.6'607.6'329.1'493.0'37.2'657.9' 26.1' 308.1'44.0'69.7'53.0'145.0'47.9'269.7' 87.4' 319.7' 796.9' 70.3'249.7' 801.8' 373.7' 396.3' 394.8'399.0' 241.7'373.7' 40.0' 379.9' 144.9'90.1' 129.0'399.0' 362.1' 357.0' 398.5'357.0' 399.1'590.3' 274.6' 628.9'271.9' 383.3' 62.8' 329.5' 109.8' 397.1' 15.5'323.0'158.0' 360.3'191.5'77.5'52.9'62.8'273.6' 360.3'300.0'300.0'158.0' 249.8' 338.2' 475.3' 218.4' 475.3' 314.5' 448.5' 168.2' 448.5' 188.1'107.8'43.5'30.4' 609.4' 158.0' 294.1' 16.6'184.8'60.7'105.4'10.1'39.8'46.6'46.7'249.8'323.0' 276.2'103.7'63.5'26.1'260.6'168.9' 165.2'36.1'89.1'33.9'45.4'103.1'82.2'37.7'48.3'46.7'40.6' 241.7' 358.4' 557.4' 39.8' 229.3' 377.9'211.8'36.1'89.1'33.9'45.4'103.1'82.2' 10.1'105.4'60.7'184.8'16.6'95.1'95.4' 199.9'280.3' 388.5' 563.3' 118.0'149.3'138.4'72.9'109.4'63.6'156.8'84.4'31.3'69.9'135.7'36.3'64.0'250.2' 194.6' 793.4' 259.3' 725.1' 858.8'1008.9' 1795.9' 872.4' 492.9' 719.9' 217.8'96.1'308.1'304.4'160.0'198.0'160.0' 198.0'590.3' 200.0'188.7'200.0'188.7'300.6' 208.6'160.0'85.3'61.4'183.1'20.0'200.0'188.7'208.6'.7' 170.6'246.2' 88.6'91.3'280.0' 100.0'180.4'229.2'150.3'100.0'106.3 160.0'273.0' 160.0'85.3'61.4'20.0'61.4'88.6' 246.2'160.0'198.0' 1323.9' 252.9'86.4'88.7'238.1'176.7' 246.8'151.0'234.3'170.8'47.6' 251.4' 20.0'42.0'63. 0'65.0'23.0'173.0'113.9'30.4' 475.2' 163.0' 202.8'206.7' 100.4'273.7'39.8'121.5' 120.0'226.5'84.5'138.4'38.0'276.8'32.8'51.2'308.6' 65.3'62.0'132.6'226.5'120.0'121.6'41.1'16.0'14.0'80.0'165.7'273.7'151.0'112.7'158.0'77.0'40.6'10.5'67.8'79.7'79.1'21.4' 434.8' 153.7'111.3'23.1'162.4' 240.4' 177.0'316.3'82.2'269.2'52.4'33.8'269.2'224.0'105.0'247.6' 89.0'14.5'73.2'247.6'338.6' 212.2'16.0'349.9'142.0'185.0'88.4'80.0'64.0'20.0' 339.4'216.4'20.0'64.0'80.0'88.4'185.0'89.9' 67.5'13.0'25.0'18.5'81.9' 250.6'181.0'245.0'164.0'30.0'160.8' 68.0'229.1' 245.0' 81.3'18.5'24.7' 200.0'95.7'218.5'13.0'171.2' 213.0'170.5'200.0' 513.0' 162.5' 516.2' 56.5'136.2'169.6'62.0'65.3'165.7'80.0'235.5'25.0'35.6'49.7'97.2' 55.6'77.1'246.8'33.1'202.4'265.9' 29.3'66.5'50.0'66.5'4.6'265.9' 216.0'268.7'144.0'30.9'268.7'160.4'217.0'36.4'20.0'50.0'7.9'7.9'50.0'20.0'36.4'98.4'51.4'62.5'49.1'20.0'20.0'20.0'25.6'34.5'105.8'206.7'20.0'42.0'63. 0'65.0'23.0'173.0' 157.8' 177.4'43.0'200.5'224.7' 162.2'38.5' 362.0' 195.2' 337.4' 199.2' 337.3' 79.6' 200.0' 214.0'85.0'354.1'214.0' 189.4' 164.9'82.9' 921.3' 357.9' 366.8'264.2' 372.7'174.5' 20.5'315.3'36.0' 532.4' 267.6' 419.3' 76.9'94.2'125.3'38.6' 359.7'277.4'57.8'22.7'47.8'127.5'88.7'101.5'241.1'156.8' 27. 4'23.8'32.8'276.8'38.0'138.4'108.5'111.3'153.7'38.3'165.7' 134.4'191.4' 249.4'22.5'78.2'72.6'54.4'78.1' 16.0'21.4'79.1'79.7'67.8'10.5'31.9'28.6'54.4'72.6'78.2'22.5' 132.0' 419.3' 19.4'183.9'38.6'60.3'21.1'37.5' 554.1' 79.6'195.2' 502.2' 555.7'159.1' 502.4' 224.8'214.5'149.7'31.5'18.1'206.6' 158.0' 244.4'160.0' 336.5' 306.2' 117.1'81.3' 173.4'244.4'300.1' 115.4'37.7'317.2' 126.5' 85.0'41.9'47.0' 270.0' 126.3' 317.2' 43.7'36.9'70.4' 254.0' 187.5'270.0' 128.1'121.0'85.0'262.7'117.5' 273.3' 27.0'111.7'11.4'300.1' 27.7'101.3'30.8' 230.0'31.4' 262.3' 85.0'168.7'20.0'156.4'97.7'27.0'31.4'108.3'40.0' 121.0'128.1' 132.1'109.0'58.1' 272.7' 130.8'262.9'140.0'252.9'202.5' 15.4'43.5'53.5'196.9'262.9' 170.4'325.0'37.3'15.4'37.3'325.0'161.0'137.9'29.5'254.0'70.4'36.9'463.2' 233.0' 77.4' 100.0'31.4'169.8'54.4' 250.5' 159.8'32.7'100.0'99.9'53.2'196.0'196.0'137.5'100.1'234.3'150.7' 104.3'316.0'133.4'36.0'237.6'354.9'316.0'133.6'312.3'133.4' 98.9'168.0'20.0'178.2'118.8'348.3' 118.9'354.9'118.8'358.1' 250.0' 224.8'122.0'302.7' 54.5'41.3'13.8'15.2'99.5'98.2'16.9'52.1'57.5'41.8'4.9'45.1'61.3'46.3' 110.4' 370.3' 53.2'25.0'25.0'25.0'32.0' 376.8' 116.5' 362.7' 208.9'43.0' 285.0' 14.0'65.9'14.5'63.5'9.5'103.9'12.9'63.5'14.5'65.9'14.0'285.0'177.4'125.2'147.4' 127.8' 192.0'37.3'120.2'43.4'110.7'71.8'73.6'10.0' 445.0' 279.4'22.1'117.9'329.2' 244.4'250.0'21.0'69.0'18.1'279.4' 719.9' 178.8'113.6'10.0'50.8'106.0'110.7'43.4'120.2'37.3'192.0' 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102.9'644.6'15.9'270.0'75.0'330.0'25.5'75.0'270.0'63.6'139.1'46.7'101.0'80.6'101.0'46.7'139.1'86.3'25.9'220.2'608.1'102.9'330.0'106.1'220.2'25.9'25.0' 181.5'60.0'122.3'22.0'80.9' 25.0'25.0'25.0'25.0' 40.0'136.9'114.6'158.3'45.8'41.0'230.8'41.3'103.4'168.8'137.7'124.9' 217.9' 213.0'217.9'213.0'155.5'213.0'155.5'213.0'152.4'221.0'90.0'8.0'62.4'213.0'32.0'109.4'221.0'130.0'199.9' 237.9'206.9'252.4'207.4'130.0'90.0'8.0'110.1' 206.9'305.0'16.6'14.3'180.0'160.0'130.2'129.9'131.4'93.5'15.0'160.0'130.2'94.9'226.4' 5.9'74.0'160.0'15.0'75.0'200.0'75.0'40.0'160.0' 93.4'49.9'23.0'96.7'55.7'31.0'86.1'141.0'98.2'114.0'22.9'20.9'20.3'649.0'180.0'17.9'711.1'50.3'91.2'37.6'107.3'168.8'92.5'28.6'184.9' 131.8'200.4'84.2'204.7'10.2' 314.5' 27.1' 243.9' 146.4' 143.2' 226.5' 226.1'240.0'95.1' 305.2' 20.0'30.0'20.0'30.0'20.0'40.7'161.6'94.0'157.3'89.0'161.6'36.7'214.1' 36.4'143.0'50.4'46.3'69.7'43.1'214.1' 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35.9'94.0'85.0'100.0'10.5'164.5'164.5'106.6'94.0'105.8'139.6' 45.3'45.1' 51.3'51.3'101.6'72.7'72.7'67.2'82.7'84.3'81.6'81.6'34.8'87.7'156.6' 102.0'67.4'82.9'72.4'72.4'81.4'81.4'34.3'87.6'72.9'81.6'81.6'73.4'79.7'174.9' 45.0'98.0'65.0'114.5'179.7'179.7'116.1'173.0'180.2' 260.7'252.7'41.1' 37.2'90.6'90.0' 215.3' 559.5' 547.2' 215.4' 190.0'146.5'189.9'189.9' 147.0'120.0'120.0'189.9'189.9'189.9'189.9'189.9'189.9' 189.9' 149.5'149.9' 112.1'100.0'100.0'112.1' 376.9'297.6' 45.2'203.3'197.9'50.4'204.0'45.6' 191.8'50.4'197.9'185.7'50.4'191.8'50.4'173.5'50.0'173.5'50.4'167.5'161.4'50.0'167.5'51.4'161.4'50.6'149.5'49.7'135.3'121.0'52.0'135.3'92.3'121.0' 32.9'68.2'103.6' 118.5'118.5'118.5'118.5'46.2'46.2'46.2'46.2'46.2'137.0'46.3'104.4'104.4'104.4'98.1'38.1'46.4'46.0'46.0' 203.3' 255.7'157.0'49.2'214.1'13.2'141.2'234.5' 128.5' 267.7'402.3' 278.1'168.4' 314.4'142.9'6.1'13.1' 13.7'1.4'188.4'3.5'28.1'95.5'130.4'122.5'52.2'113.0' 60.7'130.4'5.5'5.3'11.4'37.9' 76.2'49.4'31.1' 61.3'139.6'60.0'60.7'93.3'174.8'150.9'150.9'122.2'122.2'79.2'52.3' 118.0' 129.4'72.5'129.4'207.0'76.4'181.7'46.8'169.0'63.8'208.3'203.8'51.3'58.0'199.2'134.7' 55.0'125.0'69.8'82.7'79.5'79.5'126.0'40.8'40.8'50.7'73.5'23.5'83.5'211.0'211.0'199.2' 207.5'106.5'54.8'53.2'87.4' 116.1'84.7' 61.3'171.6'63.9' 116.1' 203.4'203.4'66.7'246.3'66.7'259.6' 303.1'66.7'279.0'83.6'83.6'64.2'76.1'43.7'38.1'66.2'67.7'72.6'68.8'165.5'90.1'116.5'89.4' 152.1'122.9'122.9'43.4'90.1' 43.9'80.3'80.3'41.8'57.4'47.2'55.0' 60.7' 934.6'81.8' 394.1' 176.2' 75.6'90.0'62.2'75.6' 169.6' 198.6' 240.0' 67.4'394.1'81.8'111.5'107.4'107.4'107.7'107.7'77.1'77.3'63.2'90.2' 76.7'77.0'107.7'107.7'107.7'107.7' 934.6' 124.9' 607.4' 76.9'77.0' 94.5'66.5'111.0'97.7'63.1'88.1'101.8'101.8'101.4'67.5'67.3'67.4'67.6'101.3'101.3'101.4'61.1'60.7'101.7'101.7'61.3' 31.1'14.1'31.4'37.0'122.2'41.0'26.9'309.0' 307.9'139.5' 140.1' 264.4' 100.0' 100.0'99.6'99.6'44.4'43.9'264.0'308.8'68.8'54.6'265.0'99.5' 189.5'265.0'327.6' 92.2'40.7'24.9'32.4'96.9'105.0'96.9'95.0' 307.3'536. 0' 438.4'438.4'291.5' 7.6' 447.9' 204.1'309.0'358.9' 311.0'203.2' 65.8'14.4'70.0'54.2'139.2'119.4'66.3'66.8'119.1'13.0' 90.8'209.9'119.1'66.3'80.1' 54.1'54.2'130.2'130.2'130.2'130.2'54.2'54.1'110.0'56.5'56.3'110.1'63.3'107.3'107.5'63.1'119.6'119.8'50.9'51.1'124.5'124.7'53.3'52.2' 94.7'53.3'67.1' 124.7'11.9'219.2'219.2'13.2'129.8'129.8'48.3'48.9'129.7'89.6'48.3'58.8' 104.8'104.2'73.1'73.0'73.1'104.4'72.7'63.8'60.2'98.4'97.9'35.0'104.2' 129.2'74.9' 74.9'129.1'129.1'69.9'69.9'129.4'129.4'31.6'124.5'53.8'4.5' 86.3'108.9'97.9'97.4'97.4'60.4'105.5'105.5'59.3'106.2'63.6'61.8'51.6' 92.5'52.2'40.1'60.6'96.4'94.8'75.0'75.2'56.2'96.4'32.5'38.0'49.8'49.8'10.2'10.2'77.8'77.8'63.5'56.1'135.0'32.5' 76.0'194.1'88.3'101.7'101.7'65.5'65.5'66.1'101.9'33.1'20.0'86.2' 30.2'30.2'60.8'60.8'49.2'49.2'75.0'134.0'47.9' 56.4'124.5'56.3' 119.5'119.6'119.6'119.7'51.0'51.2' 50.8'51.4'129.3'129.1'129.1'129.0'63.4'65.6'64.6'64.9' 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80.0'80.0'80.0'80.0'80.0'80.0'115.0'115.0'115.0'115.0'115.0'115.0'115.0'115.0'66.5'66.5'66.5'66.5'66.5'66.5'66.5'66.5' 125.4'125.0'125.0'124.6'5 54.3'53.5'53.5'124.6'124.6'125.3'125.4'54.0'54.0'54.0'54.0' 118.2' 224.0'43.3'105.7'89.4' 169.3' 168.7'107.3'151.3'151.3'173.7'173.7'56.0'60.4' 60.5'68.5'73.6'65.0'198.4'198.4'94.8' 9.9'107.9'107.9'81.5'81.5'373.2'144.1' 54.0'125.0'187.6'230.8' 96.1'167.2'198.1' 212.6' 195.5' 226.8' 51.8'51.8'80.3'125.8'125.8'21.7'21.7'80.3'51.8'51.8' 525.0' 330.8'277.4' 180.7'218.5'185.0'218.5' 217.8'155.0'172.8'172.8'171.0'208.4' 208.4'200.0'200.0' 175.0' 50.0'171.8'171.8'129.7'129.7' 150.0'150.0'150.0'150.0'50.0'50.0'50.0'50.0' 21.7'21.7'197.0' 97.0'62.6'62.6'101.4'101.4'128.7'128.7'70.4'70.4'52.4'52.4'125.2'125.2'125.2'53.8'56.0'133.6'4.9' 379.0' 381.4' 89.0'89.0'154.3'154.3' 232.4'232.4' 379.0' 330.3'166.5'166.5'269.0'269.0' 51.0' 422.6'422.6'513.0'513.0' 260.2'260.2' 275.7'158.0'275.7' 114.5'114.5'64.8'64.8'126.0'92.0' 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198.7'19.8'19.0'473.1' 1230.3' 42.4'571.5'947.0'13.5'116.7'43.4' 2470.7'2470.7' 3291.6'3291.6' 75.875.877.1 I-280 I-280 Hwy 35 Hwy 35 Blvd Skyline This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend 5061 Skyline Blvd. (Project Site) City Jurisdictional Limits 0'5500' 5061 Skyline Boulevard Location Map CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2015 City of Palo Alto rrivera, 2015-08-17 11:14:295061 SkylineBlvd (\\cc-maps\gis$\gis\admin\Personal\Planning.mdb) Attachment B City of Palo Alto (ID # 6011) Planning & Transportation Commission Staff Report Report Type: Meeting Date: 8/26/2015 City of Palo Alto Page 1 Summary Title: 5061 Skyline Blvd - Site and Design for Single Family Home Title: 5061 Skyline Boulevard - Site and Design Review of a One-Story 1,735 sq. ft. Single Family Home With an Attached One-Car Garage, and Associated Site Improvements on a Vacant 11.04 Acre Parcel of Land in the Open Space (OS) Zoning District. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act per Section 15303. [14PLN- 00017] From: Clare Campbell, Senior Planner Lead Department: Planning & Community Environment Recommendation Staff recommends that the Planning and Transportation Commission (P&TC) recommend that the City Council approve the Record of Land Use Action (RLUA) approving a Site and Design Review (Attachment A) to allow the construction of a new single-family residence and associated site improvements at 5061 Skyline Boulevard. Background The 11.04 acre project site is located along a designated scenic highway (Skyline Boulevard/Highway 35) and has neighboring single-family uses surrounding the property. The project site and the neighboring property are currently accessed from a shared driveway off of Skyline Blvd. The project site is heavily vegetated with oak trees, douglas firs, redwoods, and shrubs, consistent with the surrounding area. The developable area for the project site sits behind a low hill and is located just beyond the 200 foot Special Setback that runs along Skyline Blvd.; the proposed project complies with this setback and does not require an exception for construction. Because the project site is located so far from the City center, it is not serviced by Palo Alto for utilities, garbage, and fire and police protection, but the project still requires standard development permits from the City (e.g. design review, building and grading/excavation permits). In 2005, the City approved a Site and Design Review for a much larger development Attachment C City of Palo Alto Page 2 (5,500 sq. ft. home and 1,500 sq. ft. garage), but the project was never constructed. Project Description The proposed project, requested by Noah Rogers, property owner, includes the construction of a one-story 1,735 sq. ft. three bedroom home with an attached one-car garage and 717 sq. ft. rear deck at 5061 Skyline Boulevard. The site improvements include the installation of a three uncovered parking spaces, a new driveway, and landscape improvements. The proposed wood-construction home would be finished with muted colors to help the structure blend in with the surroundings; the stucco walls would be painted with a taupe color (Behr - Eiffel For You) and have a dark-grey tar and gravel roof. The project plans include two driveway layouts, the “straight” approach and the “curved” approach, and would be paved with dark-tan integral color asphalt. Both driveways would be visible from the road and each requires the removal of some trees (3-6) and includes cut and fill. The impacts of the tree removals and the grading are not significantly different for the two driveway designs. The primary differences between the two designs are that the “straight” approach requires a new curb cut, construction over a drainage ditch, and the removal of three more trees along Skyline Blvd., while the “curved” design utilizes the existing curb cut and driveway access. The curved layout requires grading along the front of the property for a length of approximately 150 feet. In both scenarios, additional landscaping would be required to screen and soften the view of the new driveway from public views. With regards to the driveway design, staff considers the “curved” approach to be aesthetically more appealing because it makes the least visual change to the existing Skyline Blvd. condition. Because the property owner strongly desires the “straight” driveway design, it has been left in the project plans for consideration by the P&TC. Summary of Land Use Action P&TC Purview Site and Design Review is a process intended to ensure the development in environmentally and ecologically sensitive areas will be harmonious with other uses in the general vicinity, compatible with environmental and ecological objectives and in accord with the Palo Alto Comprehensive Plan. Under PAMC 18.30 (G), the P&TC shall recommend approval or shall recommend such changes as it may deem necessary to accomplish the following objectives: 1. To ensure construction and operation of the use in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. 2. To ensure the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations, in the same or adjacent areas. City of Palo Alto Page 3 Figure 1: "Straight" Driveway Alignment 3. To ensure that sound principles of environmental design and ecological balance shall be observed. 4. To ensure that the use will be in accord with the Palo Alto Comprehensive Plan. A Draft Record of Land Use Action (Attachment A) provides tailored findings for Site and Design Review approval of the project for the P&TC to review and recommend to the City Council. In addition to the Site and Design Review Objectives, PAMC 18.28.070 Additional OS District Regulations, Section (p) Open Space Review Criteria, sets forth 12 review criteria taken from the Comprehensive Plan Conservation Element. Staff’s analysis of the project’s compliance with these Criteria has been provided in the attached Record of Land Use Action. Summary of Key Issues Visibility and Aesthetics One of the key considerations for new projects in the open space district is that a new home should be designed to have the least physical and visual impact to the property and off site views. It’s important that new homes be designed to blend into the rural environment and be as unobtrusive as possible. The goal is to maintain the natural look and feel of the hillside environment. This proposal has two major aesthetic components to consider, the first is the new home and the second is the new driveway. The proposed three- bedroom home is considered generally modest with the one-story height of 13 feet. The placement of the home in the flatter area behind the existing hill makes it not visible from the public views along Skyline Blvd. In addition, the proposed location of the home makes the least impact to the site, since minimal grading would be required for its construction. Driveway The new driveway for the home does create a new visible element that will be seen from Skyline Blvd. In the 2005 proposal, the new driveway utilized the existing driveway path and City of Palo Alto Page 4 Figure 2: “Curved” Driveway Alignment turned west into the property behind the hill, making the driveway completely invisible from the road. This layout was explored again for this project, but the Fire department did not support this due to insufficient access for the fire trucks. As mentioned earlier, the homeowner, Mr. Rogers, has included two driveway alignments for the City’s consideration. He prefers the “straight” driveway alignment that is shown on Sheet C- 2 of the plans where a new curb cut would be required in addition to more tree removals (see Figure 1). Mr. Rogers feels that this alignment would provide easier access to his property, disturbs less area (i.e. cut and fill), and would be less complicated to maintain than a shared driveway with his neighbor. Staff recommends approval of the “curved” driveway alignment, which utilizes the existing curb cut and driveway, in order to minimize the noticeable physical changes along the scenic highway that these new features would make. The recommended driveway alignment, shown on Sheet C-3 of the plans, would begin off of the existing shared driveway and would travel west along the front of the property for approximately 150 feet nesting into the existing hill and then turn north to approach the home (see Figure 2). This alignment, as well as the other one, has been carefully reviewed by the Fire Department to assure it meets the code required access to the new home. In addition, Public Works Urban Forestry staff emphasizes that the preferred “curved” alignment would retain the natural grove of native trees along Skyline Blvd. and leave the naturally occurring drainage swale untouched. Staff requests feedback from the P&TC on the project’s driveway alignment. In the Conditions of Approval, staff has indicated that the “curved” alignment is the supported design; this can be revised based on the P&TC’s recommendation. Tree Protection City of Palo Alto Page 5 The project includes retention of the existing trees, except for those that conflict with the driveway access to the site. The “straight” driveway design would require removal of approximately six trees (#9-11 & #2-4), and potentially impacting two additional trees (#1 & #5) along Skyline Blvd. The “curved” design would require the removal of three trees (#9-11), which Public Works Urban Forestry finds supportable. The project’s arborist report is attached for reference. Policy Implications The proposed project is consistent with the Comprehensive Plan as set forth in the Draft Record of Land Use Action and substantially complies with the Open Space Review Criteria as noted in the RLUA. Staff believes there are no substantive policy implications. Next Steps Upon recommendation by the P&TC, the project would be placed on the City Council consent calendar, tentatively scheduled for September 28, 2015. Environmental Review The proposed project has been determined to be Categorically Exempt per section 15303 of the California Environmental Quality Act. This exemption inlcudes the construction and location of limited numbers of new, small facilities or structures and includes one single-family residence, or a second dwelling unit in a residential zone. Courtesy Copies: Noah Rogers, Property Owner Kent Harvey, Architect Attachments: Attachment A: Draft Record of Land Use Action (DOC) Attachment B: Location Map (PDF) Attachment C: Zoning Compliance (DOCX) Attachment D: Applicant's Project Description (PDF) Attachment E: Arborist Report, May 20, 2015 (PDF) Attachment F: Project Plans (Hard copies to P&TC, Libraries, Staff and Dev. Ctr.) (PDF) 1 Planning and Transportation Commission 1 Draft Verbatim Minutes 2 August 26, 2015 3 4 EXCERPT 5 6 Public Hearing7 8 5061 Skyline Blvd [14PLN-00017]: Site and Design Review of a One-Story 1,735 sq. ft. Single9 Family Home with an attached one-car garage, and associated site improvements on a vacant 11.04 acre10 parcel of land in the Open Space (OS) Zoning District. Environmental Assessment: Exempt from the11 Provisions of the California Environmental Quality Act per Section 15303. [14PLN-00017] For more12 information contact Clare Campbell at clare.campbell@cityofpaloalto.org *Quasi-Judicial13 14 Chair Tanaka: So let’s go to the first item on our agenda, which is 5061 Skyline Boulevard. Does staff15 have a presentation?16 17 Clare Campbell, Senior Planner: Yes, thank you. My name is Clare Campbell and I’m a Senior Planner18 with the Planning Department. The project before you tonight is for, excuse me, a new single family19 home in the Open Space (OS) Zoning District located up in the Foothills. The project site is20 approximately 11 acres and is located at the most southern edge of the City limits and the project runs21 along Skyline Boulevard. And that is a designated scenic highway and because of that… and there was a22 special setback of 200 feet along Skyline. The project includes construction of a one-story 1,735 square23 foot home and this varies in height from 13 feet to 19.5 feet depending upon the adjacent grade and24 includes a one attached car, sorry, includes a one car attached garage and it includes a new, a sorry, a25 deck in the rear of the home. Other site improvements include a new driveway that’s going to be located26 100 percent in the special setback, it includes landscape improvements, and also three uncovered parking27 spaces.28 29 Because the project is located in the OS Zoning District it is subject to the site and design review30 combining regulations and the OS review criteria. The site and design review process is designated for31 projects that are located in environmentally sensitive areas and the review applies to all projects located32 in the OS Zone District, the Agricultural Conservation District, and other properties in the D Overlay. The33 project is subject to the site and design review findings and the OS review criteria and these standards34 address issues such as compatible and harmonious construction, sound environmental design, minimal35 visual impacts, and design that follows the natural form. Attachment A of the, is the record of land use,36 sorry, the record of land use attach, the record of land use action and this provides a detailed explanation37 of the project’s compliance with these findings.38 39 There are three major issues for this project. The first is the visibility of the new home. The one-story40 home would be located behind the existing hill and with the single story home and its placement behind41 this hill the project would be not visible at all from the public views along Skyline Boulevard, so this issue42 has been fully addressed with this project. The second issue is the protection of mature trees. The staff43 supported design removes three trees from the property to accommodate the new driveway and Dave44 Docktor our Planning Arborist has carefully reviewed this project and he fully supports the removal to45 accommodate this driveway.46 47 The last issue is the driveway design. The project includes in the plans two driveway alignments. The48 first one is the straight design and this is the property owner’s preference and the second is the curved49 design. The curved design is what staff recommends for approval. The straight design includes a new50 driveway curb cut and you can kind of see it here on the screen. It would be here and so it’s a new51 driveway curb cut and a new drive access into the property. And it includes a buildup of this driveway in52 this area that goes over the existing bioswale or the swale that’s there, a drainage swale. And then also53 the project includes removal of approximately six trees. So there’s three in the middle of the driveway54 and there’s three more in the area right next to Skyline. And potentially with this new driveway access55 Attachment D 2 there could be two additional trees on either side of that driveway that could be impacted by this design.1 The curved design takes advantage of the existing driveway curb cut and shared driveway that’s been2 there and basically the new driveway would wrap around this existing hill and to connect to the home in3 the rear. And this layout requires the removal of three trees, which is the same as the other one that are4 dead center in the middle of the driveway.5 6 So staff supports the curved driveway alignment because it has, it is deemed to have less visual impacts7 and tree impacts. It maintains the existing single driveway curb cut. It retains the existing natural grove8 of trees along Skyline and it leaves the existing drainage swale intact and untouched. The curved9 driveway design does not physically change anything along Skyline Boulevard whereas the straight10 driveway design would. And I’ve included a few images here of what the proposed screening landscape11 would be for the driveway and Dave Docktor again has carefully reviewed this and supports this type of12 screening. So we have some low growing trees, the Baker’s manzanita, and we also have some bushy13 ground cover, the common bearberry. So these plants would be planted along the Skyline side and14 behind the driveway to help screen the views and soften that new driveway.15 16 So in conclusion, staff recommends the Planning and Transportation Commission (PTC) recommend that17 the City Council approve the record of land use action approving the site and design review to allow the18 construction of a new single family residence and associated site improvements at 5061 Skyline19 Boulevard. This concludes staff’s presentation. Thank you.20 21 Chair Tanaka: Ok, thank you. So before we go to public comment I just want, this is a quasi-judicial item22 so if anyone had visited or talked to any of the property owners or associated parties for Skyline23 Boulevard, please disclose. So hit your lights if you, anyone has anything to disclose. Ok, it looks like no24 one has anything to disclose. So let’s go to the public hearing. So if anyone is interested in talking on25 this topic just submit a card to the staff here in front. Are there any cards? Oh yeah, that’s right, the26 applicant needs to talk. Applicant, yeah, that’s right. So applicant you have 15, you have 15 minutes27 and 3 minutes for rebuttal.28 29 Noah Rodgers: Hi, my name is Noah Rodgers; I’m the property owner at 5061 Skyline Boulevard. As30 Clare mentioned the property is in OS and the big issues have been the environmental degradation31 potential and the visibility, visibility has been addressed, and the environmental issue I think is foremost.32 So the two driveway options, the straight in option and the two 90 degree curve options, option are33 what’s on the table and driving down Skyline Boulevard aesthetically you would be able to see or at least34 know that there is a driveway perhaps beyond the shrubs or through the trees. Due to fire regulation the35 driveway has to be 20 feet wide and so if you can think about driving past a 20 foot wide driveway36 opening or driving next to a 20 foot wide driveway for 150 feet I think the clear aesthetic option would37 be the straight out driveway. Beyond that the environmental degradation of 150 feet of extra driveway is38 to be considered and as my stance has been from the beginning I’m willing to plant any degree of shrubs39 or trees for the project to be improved per the City’s recommendation. The fire departments, both Palo40 Alto Fire Department and the local fire department a couple of miles from the site, have both orally told41 me they prefer a straight in driveway. They were not willing to write letters. My neighbors prefer a42 straight in driveway. I prefer a straight in driveway in terms of preference. And from there that’s43 everything. So, thank you for your time.44 45 Chair Tanaka: Ok, thank you. So I think we have no public comment, correct? So what we’re going to46 do now is we’re going to bring it back to the Commission for us to first start with kind of a round of47 questions and answers (Q&A). So if you have any questions just hit your lights. Commissioner Downing.48 49 Commissioner Downing: So a couple of questions, so I found this really interesting that this is a property50 that would not be serviced by fire or police. So in practice if the applicant’s house is in fact on fire, what51 happens? Either of you. Please.52 53 Mr. Rogers: I can answer that question. So there is a CAL FIRE Station approximately two miles from the54 site on Skyline Boulevard [and up] in the corner of Highway 9. As you said the property uses Pacific Gas55 and Electric Company (PG&E), private trash collections and recycling service, and it’s about half the56 3 distance for me personally to go to La Honda or Saratoga than it is to come here. So CAL FIRE, two 1 miles away.2 3 Commissioner Downing: So it’s a state fire department?4 5 Mr. Rogers: Yeah, yeah.6 7 Commissioner Downing: Ok.8 9 Mr. Rogers: The OS fire department.10 11 Commissioner Downing: Got you. Ok, so the other question I have is with regard to the diagrams, the12 driveway alignment. It might be useful if we could go back to that really quickly.13 14 Mr. Rogers: I have some drawings that I could hand you.15 16 Commissioner Downing: Please.17 18 Mr. Rogers: Page 1 is a straight in driveway, Page 2 is the curved driveway, and Page 3 is a satellite view19 with the straight in and curved driveway marked in blue and red respectively.20 21 Commissioner Downing: Ok, I think these diagrams answer my question. I can see what I was looking22 for. And then I think the last question I have is for staff. So I was a little, it wasn’t quite clear to me23 where the fire department ended up because it seemed like they’re saying we want straight cut and then24 later in the same staff report it said the fire department changed their mind. So I wonder if you could25 just clear that up.26 27 Ms. Campbell: Yes. So the staff, the fire department did review both, when the project first came in it28 came in with a different layout. So the fire department has been reviewing all of the proposed designs29 where it’s the straight in and the curved design. And the fire department, the code it meets the fire30 department code both layouts that are being proposed. So really it meets the code requirement, but it’s31 up to the rest of the departments to weigh in on what would be the preferred design. So they both meet32 the code for the access into the property to get to the home.33 34 Commissioner Downing: I think I’m still confused, because it seemed like there was a preference stated35 and so I’m asking if that preference is still there.36 37 Mr. Rogers: My mistake, the fire departments said that they prefer the shortest and most direct route to38 the house to me orally, not written, but both are legal. So it is officially your decision and I’m sure the39 fire department can get the truck to the house either way.40 41 Commissioner Downing: Ok. That aligns with your understanding as well?42 43 Ms. Campbell: Yes, absolutely.44 45 Commissioner Downing: Ok. And the last question is which fire department gave that opinion? Is that46 Palo Alto or is that California?47 48 Ms. Campbell: So we know that our Palo Alto Fire Department did weigh in on both of the designs and49 they support either one because it’s code compliant. And I know that Mr. Rogers has also spoken with50 CAL FIRE. I did not speak with CAL FIRE directly.51 52 Mr. Rogers: That’s correct.53 54 Commissioner Downing: And what did CAL FIRE say?55 56 4 Mr. Rogers: Effectively the same thing. They’re ok with either. They prefer the simplest option.1 2 Commissioner Downing: Ok. I’m asking since they’re the ones that are actually going to have to3 respond. Ok, so that’s it for questions for me.4 5 Chair Tanaka: Thank you. Ok, let’s see, Commissioner Alcheck.6 7 Commissioner Alcheck: Luckily you’ll have a lot of fire sprinklers, so you’re probably going to be ok. But I8 guess this, my question is for staff. I tend to agree with the applicant here about the driveway design.9 Is it the Planning Department’s significant preference? Is this sort of a coin toss here? I mean I mention10 it because that’s a significant amount more of asphalt and from the aesthetics I can completely11 understand the reasoning for having a much shorter driveway and allowing the landscape to sort of be12 more natural. So would it be from Planning’s perspective is it a very significant preference?13 14 Ms. Campbell: I don’t think it’s a significant preference. Definitely Dave Docktor at the Urban Forestry15 Division has looked at it and he does voice a strong preference for the curved driveway in order to16 preserve those existing trees, but I don’t think the removal of those trees would be a huge impact, a17 visual impact aesthetically the impacts along Skyline, so that’s why we’ve kind of shown both options at18 this moment here at the Planning Commission so you can take a look at them both.19 20 Commissioner Alcheck: Let me ask one more follow up question. Has there been a like sincere discussion21 about the offer to provide additional planting sites by the applicant so in an effort to sort of… the22 applicant mentioned earlier that he’d be willing to put additional trees or shrubs on the site. I’m not sure23 if shrubs are as appealing, but do you know if Dave Docktor or his Urban Forestry team had a discussion24 about that exchange for potentially not preferring the longer driveway?25 26 Ms. Campbell: I think for both driveways the plans show landscape enhancements to help screen the27 driveway so I know that Dave was definitely involved in those discussions and the selection and the28 placement of the plants. I don’t think that’s… that’s all I understand as far as the review of the29 landscaping and what was decided of where it should go.30 31 Mr. Rogers: I can add something. I agree with everything Clare said and the initial attitude was simply to32 follow the book and just replace the trees that were, we’ll replace the trees that were cut down, add any33 further screening option, and my offer on the table was just that I’m willing to plant trees. There’s no34 reason not to. There will be maybe two trees if I recall correctly, two trees additional required to be35 taken out for the straight out driveway. They are small trees. I think they could, that impact could be36 mitigated, but everything Clare said is, makes sense to me.37 38 Chair Tanaka: Ok, Vice-Chair.39 40 Vice-Chair Fine: Thank you, Mr. Rogers, for showing up and talking to us about this. Just one quick41 question; you mentioned sharing the driveway and from what I’m looking at that curb cut is completely42 on another property. That neighbor is ok sharing it and you building off of it?43 44 Mr. Rogers: My neighbor has a strong preference that we don’t share driveways although I’m not sure45 what his reason is. I think it might just be a why not have my own driveway sort of attitude. For me, I46 just prefer the simple option.47 48 Vice-Chair Fine: Right.49 50 Mr. Rogers: The bottom line for me is it feels a little bit lopsided to (interrupted)51 52 Vice-Chair Fine: I hear you.53 54 56 5 Vice-Chair Fine: To staff, if the neighboring property doesn’t, are they allowed to say no you can’t build1 off my existing curb cut?2 3 Ms. Campbell: I think there’s an existing easement already.4 5 Chair Tanaka: Commissioner Alcheck.6 7 9 Chair Tanaka: Ok.10 11 13 Chair Tanaka: Oh, Commissioner Gardias then.14 15 17 Chair Tanaka: Ok.18 19 Commissioner Gardias: Yeah, thank you, Mr. Chairman. I think that we swapped places, so I don’t know20 if lights swapped their positions, but I think that’s the reason. So ok, so I had the same question, right,21 about the easement. So this is pretty much there is an easement that goes, that will go from the22 adjacent property, but this easement is existing easement?23 24 Mr. Rogers: Yeah.25 26 Commissioner Gardias: It is existing easement. It’s not negotiated for this purpose of this project, right?27 So my question is like this, because there is a, there is something that I cannot decipher from this28 drawings with the whole respect, but [people do] appreciate maybe larger documents for the next time.29 I know that maybe it shields the applicant from the critique, but it just helps us with making30 observations. Certain things I cannot read. So thank you.31 32 But if you could just speak to the picture that’s right on the screen, there are some, there is some33 hardscaping and there is some road that just pretty much it’s on the right side of the property. Is this34 existing area or this is? Is this existing development? Yes, this is right where you have your cursor. On35 the left, to the left of it.36 37 Ms. Campbell: Yes. This right here, right?38 39 Commissioner Gardias: Yes. Is this, no, no, I’m talking about there’s (interrupted)40 41 Ms. Campbell: Oh, this one.42 43 Commissioner Gardias: Yes, this structure. Is this new or this is existing?44 45 Ms. Campbell: It’s existing.46 47 Commissioner Gardias: Ok. And then there is an easement that covers this as well?48 49 Mr. Rogers: The easement extends from the, extends from the beginning of my neighbor’s driveway up50 to around the water tank area. So in theory the driveway could come off anywhere there.51 52 Commissioner Gardias: Ok. And what’s the reason for this easement historically? There must have been53 some reason, right? Because it extends along this side of the property, right? To this probably where54 the, to the tip of this where it just shifts up, left [unintelligible]. What’s the historical reason of this55 easement?56 6 1 Mr. Rogers: The previous owner put the easement in for access for himself for the property.2 3 Commissioner Gardias: So the property has been accessed from historically from that side, right?4 5 Mr. Rogers: Yeah, right. The prior owner owned both this lot and the adjacent lot.6 7 Commissioner Gardias: I see. So this was just for his sole purpose, right?8 9 Mr. Rogers: Right.10 11 Commissioner Gardias: Because it was one owner, right?12 13 15 Ms. Campbell: And I can add to that too.16 17 Commissioner Gardias: Could you?18 19 Ms. Campbell: Originally the property owner owned a much larger parcel here and then he subdivided to20 create this particular parcel. So then he created that access easement off of here so he could access the21 new parcel that was created.22 23 Commissioner Gardias: I see, ok.24 25 Commissioner Alcheck: The driveway that’s there now is off that easement?26 27 Commissioner Gardias: Yes.28 29 Commissioner Alcheck: And when he subdivided it so that he could sell, it has to have access he created30 the easement.31 32 Commissioner Gardias: Of course, yes. So pretty much his intention was up front, right, when he was33 dealing with this to have future access, right, from that side of the road, right? So pretty much the staff,34 staff’s proposal that’s what I’m getting to, right? Staff’s proposal, right, pretty much builds on top of this35 intention, right? Whatever it was, right? So that’s (interrupted)36 37 Ms. Campbell: That’s right.38 39 Commissioner Gardias: I would just note it as a pro argument toward this staff’s proposal, right? Not40 necessary that I’m inclined myself because I support my colleague, I think that the other is, but to be41 fair, right?42 43 I have another question, may I? Or am I… is this ok? Ok. Good. So my other question is like this, so in44 terms of the tree preservation and grading, right, and this again, right? This drawings are so-so because45 they are [unintelligible] on the smaller sheets it’s hard to read, right? There is in the verbiage there is46 assurance that the trees would not be affected with the driveway, but then there is a [cotton field] and I47 think there is a zero balance of [cotton field] for the straight option of the driveway, which is not48 necessarily the same solution for the curved one, right? So the grade management is better or so soil49 management is better in the first option, right? Because its zero sum, but however the question I have is50 that the feel that’s on the left side of the driveway extends toward the trees and then when I look at the51 drawings it seems to me that there are some retaining walls, very small retaining walls that are built52 around the trees to retain the ground.53 54 Mr. Rogers: That’s correct. The small retaining walls around the trees are to retain up to a couple of feet55 of fill soil from that would come from cutting the driveway largely to 20 feet. There’s an existing road56 7 there that was put in. It was a sort of an access fire cut that was put in there when the septic was1 installed by the previous owner. So we’d effectively be widening that from about 10 feet to 20. And any2 small amount of fill would, we’d have the small retaining walls to make sure the trees…3 4 Commissioner Gardias: Right. So my concern is like this, right, because if you’re going to have those5 retaining walls [unintelligible] they seem to be just be shaped around the trees, but you build those walls6 very close to the roots, which roots area which are naturally very close, closer to the trunk the roots are7 shallower may be exposed so my comment would be like this, right, what’s the, where’s the document8 that the study that’s looking to this to make sure and just or some measurements that those trees would9 not be affected and there’s pretty much bunch of them. One, two, three, four, five, six; I think there’s10 six at least or something like this.11 12 Jonathan Lait, Assistant Director: So Chair if I may answer that question actually?13 14 Commissioner Gardias: Sure.15 16 Mr. Lait: So what you’re looking at here is the conceptual set of plans and before they go through the17 building permit process and as we look at the site and design findings there are four findings that are18 applicable to it. the type of detail question about the protection of the root system for the trees is19 something that gets, one it’s been preliminary, preliminarily review by the City’s Urban Forester or the20 Arborist and furthermore when the project comes in through the plan check process that’s when we’re21 going to get some more detailed plans. And I think what’s important at this stage is making sure that we22 if there’s a concern about that if we can identify it in the form of a condition if it’s not already in there23 that if we’re concerned about the tree roots we can ask the City Arborist to pay particular attention to the24 proposed retaining walls and ensure the continued health of the trees. So we can address the, if there’s25 an issue that we can’t answer tonight we can address it through a condition perhaps if that helps.26 27 Commissioner Gardias: yes, of course. Yes, yes, yes. I mean it could have been looked into already,28 right, but if it hadn’t, right, (interrupted)29 30 Mr. Lait: Yeah (interrupted)31 32 Commissioner Gardias: My concern on this, right?33 34 Mr. Lait: We typically before we come before the Architectural Review Board (ARB) or the PTC on a35 project like this we have what’s called a design review committee.36 37 Commissioner Gardias: Sure.38 39 Mr. Lait: And it’s all of the City’s agencies that would have a hand or a role in reviewing it. And it’s a40 pretty, it’s like an hour meeting and they come prepared with detailed notes and so most of that stuff is41 vetted out and if there’s more details needed we typically capture that in plan check.42 43 44 Commissioner Gardias: Right, ok. thank you.45 Mr. Lait: Thank you.46 47 Chair Tanaka: Commissioner Michael.48 49 Commissioner Michael: So I think a number of my questions have been anticipated by my colleagues and50 I’m sympathetic to a number of the points that have been made. One of the things that I think we’re up51 to here is sort of beyond the issue of just compliance with the applicable regulations and laws. There’s52 sort of a balancing of the interests of the public policy concerns versus maybe what the property owner53 would prefer in terms of his enjoyment of his own home. And just to see if I’ve heard correctly in terms54 of the preference of the applicable fire departments that having the shortest and most direct route would55 be, would be sensible and that would be sort of the so called straight design would serve that. In terms56 8 of the property owner, we’ve heard from you that you’ve also said that the neighbor would probably1 prefer to have two separate driveways. The so called curved design seems to be somewhat longer so the2 additional length, the additional hardscaping, additional cost doesn’t necessarily seem to me to be3 justified or compelled [absent note] a stronger public policy issue. Looking at the, this handout which4 has the hillside contours as near as I can tell the so called straight design which is curves nicely itself5 seems to go along the elevation of 22 30, so it’s more nearly level than the other, so that might be sort6 of a safety issue as well as aesthetics. And in terms of tree preservation the offer if it would be7 appropriate to do so to replace any additional trees that were taken out seems to be, to be very well8 intentioned and sincere. So in terms of the all these various factors that have come up it seems to me9 that we should give deference to the preference of the property owner for the slightly less curved design.10 11 Chair Tanaka: Commissioner Rosenblum.12 13 Commissioner Rosenblum: Yeah, I concur. I don’t really have any additional questions; I just wanted to14 state my belief that I think the property owner has made his case. It’s a heavily wooded area. In15 replacement for the additional trees that would be removed by a more straightforward design they’re16 planting additional trees so I think it’s more than compensated. The City has expressed a weak17 preference for one design versus the other. Both are feasible. Fire department believes both are feasible18 with one slightly preferable. To me it’s a fairly straightforward issue. If there are no other questions I’m19 happy to make a Motion, but I’ll wait to see if others have questions.20 21 Chair Tanaka: yeah, I only see one, well, maybe it’s I guess maybe two issues, but the first issue is which22 driveway? And I think a lot of people have already stated their preference. The second one is extent of23 the tree replacement, but I don’t know, I think the City would take care of that so I don’t think we have24 to talk about that a whole lot. I don’t know if there’s any other issues that we have to talk about as a25 Commission. I haven’t heard of any others so I, Vice-Chair.26 27 Vice-Chair Fine: Just one issue, I’m wondering if the City’s concern here and the preference for the28 shared driveway is having another curb cut along Skyline in terms of safety. I mean I know a lot of29 cyclists go there and stuff. But…30 31 Ms. Campbell: I think it’s more of an aesthetic issue. That’s all. I don’t think there’s a safety issue.32 33 Chair Tanaka: Ok, so I think at this point unless, unless a Commissioner wants to talk more about the34 pros and cons of which driveway configuration I think at this point we should actually entertain a Motion.35 So Rosenblum, Commissioner Rosenblum if you want to make a Motion I think we could.36 37 MOTION38 39 Commissioner Rosenblum: Sure. I make a Motion that the plan get approved with the homeowner’s40 preferred design, which is Figure 1, straight design.41 42 SECOND43 44 Chair Tanaka: Ok, so we have a Motion that was made by Commissioner Rosenblum and seconded by45 Commissioner Alcheck. Do you guys wish to speak to the Motion?46 47 Commissioner Rosenblum: Just briefly, I made the comment already I think from there is a balancing as48 Commissioner Michael has already stated between homeowner’s preference and the City’s interest. I49 think that the City’s interest has been served by the planting of additional trees. This is a shorter50 driveway so there’s some environmental benefit to that as well. It helps for neighborhood harmony with51 the neighbor not wanting the crossover to their driveway. So in almost, in most instances it seems like52 the balance is in favor of what was proposed by the homeowner.53 54 Chair Tanaka: Does the seconder want to make a statement as well?55 56 9 Commissioner Alcheck: Yeah, I just want to add I would be surprised if the second homeowner didn’t use1 this opportunity to landscape the now non-existing driveway. It could potentially, this could potentially2 result in a lot more landscaping now. So I and the second thing I would say would be I would encourage3 the Planning Department to take the applicant’s offer up and incorporate a tree for tree planting for the4 additional trees they’re going to remove so that it’s a wash.5 6 Chair Tanaka: Did you want to make an amendment to that or are you just making a statement.7 8 Commissioner Alcheck: No, no.9 10 Chair Tanaka: Ok.11 12 14 VOTE15 16 Chair Tanaka: Ok, so we have a Motion on the floor. Does anyone want to deliberate it? Hit your lights17 otherwise we’ll take a vote. Ok, so let’s take a vote; so all in favor raise your hand. Ok, it’s unanimous.18 So this item is closed. Thank you.19 20 MOTION PASSED (7-0)21 22 Mr. Rodgers: Thank you.23 24 Commission Action: Commissioner Rosenblum moved to approve the Skyline project, but with the25 homeowner’s preferred driveway (straight) option. Commissioner Alcheck seconded the motion. Item26 passed unanimously (7-0)27 Attachment E ZONING COMPLIANCE 5061 Skyline Boulevard 14PLN-00017 ____________________________________________________________________________________ Table 1: Development Standards for the OS District Regulation Required Proposed Conforms Minimum Site Area 10 acres 11.04 acres (481,093 sf) Yes Min. Front Setback 200 feet, Skyline Boulevard Scenic Setback 200 feet Yes Rear Yard Setback 30 feet 30 feet + Yes Min. Side Setback 30 feet 30 feet + Yes Max. Floor Area Ratio 3.5% (16,838 sf) 0.4% (1,735 sf) Home: 1,735 sf Accessory structures: n/a* Yes Max. Site Coverage and Impervious Coverage 3.5% (16,838 sf) 0.5% (≈ 2,579 sf) Home: 1,735 sf Accessory structures: 469 sf Paving: 375 sq. ft.** Yes Max. Building Height 25 feet 19.5 feet Yes Max. Stories 2 1 Yes Parking 4 spaces, with at least one covered space 1 covered, 3 uncovered Yes *Structures less than 120 sq. ft. do not count towards the floor area ratio. **PAMC 18.28.070(m)(3) allows the portions of the driveway located within the 200’ scenic setback to not count as impervious up to a width of 20 feet, with the assumption that the primary residence is located beyond the 200’ setback. The proposed driveway, which is almost fully within the setback, is ≈ 8,232 sq. ft. and is not counted towards the impervious coverage. Attachment F Attachment G 14901.txt . Page 1 City of Palo Alto (ID # 6131) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Purchase of Medium Voltage Underground Cable from The Okonite Company over 5 years Title: Approval of the Purchase of Underground Cable From The Okonite Company in the Amount of $350,000 per Year for Five Years, for a Total Not to Exceed Amount of $1,750,000 From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council approve and authorize the City’s Purchasing Department to prepare a term agreement for the purchase of medium voltage, underground electrical cables as needed for a term of five years with The Okonite Company in the amount of $350,000 per year for a maximum value of $1,750,000. Background The electric distribution system in Palo Alto comprises overhead and underground wires throughout the city to provide power to residents and customers. For the underground system, Utilities staff has created an underground cable technical specification that covers the physical and electrical requirements for operation on the City’s medium voltage (4,000 and 12,000 Volts), 60 Hertz, 3-phase, 3 or 4 wire systems. Manufacturers who supply cable to the City must ensure that cables comply with City of Palo Alto cable specifications and industry standards. Discussion Medium voltage cables are used in residential and commercial underground circuits for the distribution of power. For this contract, there are three types of cable, 1) 750 kcmil (thousands of circular mils), 15 kilovolts (kV) rated, 2) 600 kcmil, 25 kV rated, and 3) 1/0 gauge, 15 kV rated. Additionally staff has the option to purchase three parallel cables of the standard cable wound on the same reel. To meet the requirement for underground, medium voltage cables, a competitive solicitation was issued to award a term agreement that will be used on an as needed basis (versus a pre- determined fixed amount) with the maximum dollar amount that can be ordered of $350,000 City of Palo Alto Page 2 per year over a five year period for a total of $1,750,000. The $350,000 per year is based on historical cable usage and an anticipated increase in need for miscellaneous cable replacement projects covered under Capital Improvement Project WBS EL-16001, Underground System Rebuild. A term agreement is similar to a purchase order, and results in greater reliability, and efficiency in the ordering and management of this commodity. Medium voltage cable is a long lead time item and having a term agreement in place allows Utilities to manage and schedule material ordering, require the supplier to keep a reserve inventory for rush or emergency requests, and makes tracking the material more manageable for warranty purposes. Per the requirements of the Municipal Code, Chapter 2.30 (Contracts and Purchasing Procedures), and the City’s Purchasing Manual, Chapter 6 (Purchase of Goods), a Request for Quotation (RFQ) for the standard medium voltage cables was sent to five suppliers and advertised on the City’s website. The RFQ requested a unit price per foot for each cable type based on estimated annual quantities, for purposes of making an award determination. Four suppliers responded, but only The Okonite Company (“Okonite”) and Southwire Company provided submittals to the RFQ. The other two suppliers stated they could not meet the City’s technical specifications and did not submit price quotes. Okonite fully met the City’s specifications without any exceptions and was the lowest bidder on 3 out of 4 standard cables which are regularly stocked in the warehouse (see Attachment A). For the past 10 years, Okonite has been the lowest responsible bidder and been awarded the term agreement to supply medium voltage underground cable as needed to the City. Cable shipments have never been missed and there have been no quality issues associated with Okonite cable. In addition, Okonite has provided excellent customer service to engineering and operations staff with training and support at no cost to the City. Therefore, staff is recommending that the Okonite Company be deemed the lowest responsible bidder and awarded a five year term agreement for the supply of medium voltage underground cable. Timeline With Council approval, staff will prepare the 5 year term agreement under the City’s terms and conditions for goods with the Okonite Company, for the purchase of medium voltage underground cable in the amounts listed below, with each term beginning and ending with City’s fiscal year. Term Duration Amount 1 Present – June 30, 2016 $375,000 2 July 1st, 2016 – June 30th, 2017 $375,000 3 July 1st, 2017 – June 30th, 2018 $375,000 4 July 1st, 2018 – June 30th, 2019 $375,000 5 July 1st, 2019 – June 30th, 2020 $375,000 TOTAL $1,750,000 City of Palo Alto Page 3 Though the duration of the first term is less than that of following years, staff anticipates spending the same amount of money due to replacement of cable used from emergency stock for projects. Resource Impact For Fiscal Year 2016, funding for this term agreement is available in the respective maintenance or capital project budget in the Electric Fund. Future funding is subject to the annual appropriation of funds. Policy Implications Authorization of this term agreement does not represent any change to the existing policy. Environmental Review This project is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Sec.15301 (repair or maintenance of existing facilities). Attachments: Attachment A: 2015 Medium Voltage Cable Bid Analysis (PDF) 2015 MEDIUM VOLTAGE UNDERGROUND CABLE BID ANALYSIS SCHEDULE A ITEM ESTIMATED ANNUAL USAGE UNIT DESCRIPTION SOUTHWIRE BID - UNIT PRICE SOUTHWIRE - TOTAL PRICE OKONITE BID - UNIT PRICE OKONITE - TOTAL PRICE 01 200,000 FT Cable, 15kV, 1 conductor, 1/0 AWG Compressed Aluminum Strand Filled conductor, 220 mil EPR insulation, with 1/3 neutral copper concentric conductor, per City of Palo Alto Medium Voltage EPR Cable Specification, UE-04-06. CPA P/N 35361 $1.65 $330,000.00 $1.63 $326,800.00 02 50,000 FT Cable, 25kV, 1 conductor, 600 kcmil Compact Aluminum NON-Strand Filled conductor, 260 mil EPR insulation, with 1/9 (11%) neutral copper concentric conductor per PG&E Cable part# M290045. CPA P/N 35374 $4.16 $208,000.00 $3.99 $199,500.00 03 25,000 FT Cable, 15kV, 1 conductor, 750 kcmil Compressed Aluminum Strand Filled conductor, 220 mil EPR insulation, with 1/3 neutral concentric copper conductor per City of Palo Alto Medium Voltage EPR Cable Specification, UE-04-06. CPA P/N 35372 $5.38 $134,500.00 $5.18 $129,475.00 04 200,000 FT Cable, 25kV, 1 conductor, 1/0 AWG Compressed Aluminum Strand Filled conductor, 260 mil EPR insulation, with 2/3 (64%) neutral copper concentric conductor, per PG&E Cable Specification, M290027. $2.02 $404,000.00 $1.98 $395,800.00 05 50,000 FT Cable, 25kV, 1 conductor, 600 kcmil Compact Aluminum NON-Strand Filled conductor, 260 mil EPR insulation, with 1/3 neutral copper concentric conductor per City of Palo Alto Medium Voltage EPR Cable Specification, UE-04-06 $5.64 $282,000.00 $5.96 $298,050.00 06 50,000 FT Cable, 25kV, 1 conductor, 600 kcmil Compact Aluminum NON-Strand Filled conductor, 260 mil EPR insulation, with 1/6 neutral copper concentric conductor per City of Palo Alto Medium Voltage EPR Cable Specification, UE-04-06 $4.71 $235,650.00 $5.29 $264,650.00 1 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) 2015 MEDIUM VOLTAGE UNDERGROUND CABLE BID ANALYSIS SCHEDULE B ITEM ESTIMATED ANNUAL USAGE UNIT DESCRIPTION SOUTHWIRE BID - UNIT PRICE SOUTHWIRE - TOTAL PRICE OKONITE BID - UNIT PRICE OKONITE - TOTAL PRICE 07 50,000 CIRCUIT FT Cable, 15kV, 1 conductor, 1/0 AWG Compressed Aluminum Strand Filled conductor, 220 mil EPR insulation, with 1/3 neutral copper concentric conductor, per City of Palo Alto Medium Voltage EPR Cable Specification, UE-04-06. CPA P/N 35372 (THREE PARALLEL CONDUCTORS) $4.65 $232,500.00 $5.13 $256,500.00 08 50,000 CIRCUIT FT Cable, 25kV, 1 conductor, 600 kcmil Compact Aluminum NON-Strand Filled conductor, 260 mil EPR insulation, with 1/9 (11%) neutral copper concentric conductor per PG&E Cable part# M290045. (THREE PARALLEL CONDUCTORS) $11.86 $593,000.00 $10.84 $542,050.00 09 15,000 CIRCUIT FT Cable, 15kV, 1 conductor, 750 kcmil Compressed Aluminum Strand Filled conductor, 220 mil EPR insulation, with 1/3 neutral concentric copper conductor per City of Palo Alto Medium Voltage EPR Cable Specification, UE-04-06. (THREE PARALLEL CONDUCTORS) $14.07 $211,050.00 $15.72 $235,740.00 10 50,000 CIRCUIT FT Cable, 25kV, 1 conductor, 1/0 AWG Compressed Aluminum Strand Filled conductor, 260 mil EPR insulation, with 2/3 (64%) neutral copper concentric conductor, per PG&E Cable Specification, M290027. (THREE PARALLEL CONDUCTORS) $5.57 $278,500.00 $5.96 $297,800.00 11 50,000 CIRCUIT FT Cable, 25kV, 1 conductor, 600 kcmil Compact Aluminum NON-Strand Filled conductor, 260 mil EPR insulation, with 1/3 neutral copper concentric conductor per City of Palo Alto Medium Voltage EPR Cable Specification, UE-04-06 (THREE PARALLEL CONDUCTORS) $14.28 $714,000.00 $17.21 $860,500.00 12 50,000 CIRCUIT FT Cable, 25kV, 1 conductor, 600 kcmil Compact Aluminum NON-Strand Filled conductor, 260 mil EPR insulation, with 1/6 neutral copper concentric conductor per City of Palo Alto Medium Voltage EPR Cable Specification, UE-04-06 (THREE PARALLEL CONDUCTORS) $12.75 $637,500.00 $15.26 $762,800.00 2 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) City of Palo Alto (ID # 6121) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Overhead Construction Services Contract Amendment Title: Approval of Change Order Number One to Construction Services Contract Number C15155783 with Pacheco Line Builders, Inc. to Increase Not- to-Exceed Amount by $500,000 Annually to $1,500,000 Per Year, for a Total Not-to-Exceed Amount of $4,500,000 for Increased Costs Associated With Maintenance and Repair Work for the City’s Electric Overhead Distribution System, and Adoption of a Related Budget Amendment Ordinance for Fiscal Year 2016 Appropriating a Total of $1,000,000 from the Electric Distribution Fund Operations Reserve From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute Change Order Number 1 (Attachment A) to Construction Contract C15155783 with Pacheco Line Builders, Inc. (“Pacheco”) to increase the not-to-exceed amount each year by $500,000 to $1,500,000 per year, for a total not-to-exceed amount of $4,500,000 over the 3 year term for Electric Overhead Construction Services, which includes construction, maintenance and system improvement work on the City’s overhead electric distribution system at various locations throughout the City to account for increased costs associated with the performance of more maintenance and repair tasks than anticipated rather than capital improvement projects; and 2. Adopt a related Budget Amendment Ordinance (Attachment B) for Fiscal Year 2016 to appropriate $1,000,000 from the Electric Distribution Fund Operations Reserve to the Electric Operating Budget. Executive Summary The City of Palo Alto Utilities (“CPAU”) identifies maintenance work through annual inspections of all electric facilities for safety hazards, regulatory infractions, and deteriorated infrastructure, City of Palo Alto Page 2 such as wood poles, that need to be replaced. Since 2009, Electric Operations has experienced a staffing shortage due to retirements, turnovers, employee disabilities and lack of qualified candidates. Besides grade 1 pole replacements, which require immediate attention, a significant amount of maintenance work has either been deferred or addressed on an as- needed basis as safety conditions allow. Currently, Electric Operations is addressing all of the grade 2 tags such as cross arm replacements, broken or damaged insulators, services and mainline conductors before they become grade 1 issues. The need to effect repairs and/or replacements to our infrastructure are necessary to ensure service reliability and continuity of service. Background On January 12, 2015, Council approved Construction Contract C15155783 with Pacheco (Staff Report 5388). Pacheco was selected through a competitive bid process (IFB). The scope of the original contract was to provide construction services for both maintenance and capital improvement projects such as pole replacements. The terms of the contract were for a not-to- exceed amount of $3,000,000 for three years or $1,000,000 annually starting February 2015 through February 2018. This contract for construction services is to assist Electric Operations with both capital improvement projects and completing maintenance work necessary to keep the overhead electric distribution system in compliance with state and federal utility regulations. Pacheco may also be used to provide assistance and support to Electric Operations during emergency or storm conditions. Discussion In the past, staff would utilize construction service contracts to augment staff for only capital improvement projects such as pole replacements or reconductoring overhead transmission and distribution lines. Staff was primarily tasked with maintenance work and emergency repairs. In the last several years, however, CPAU staff efforts to complete maintenance tasks were reduced as safety would allow, to emergency work due to lack of available resources and challenges in hiring qualified linespersons. Staff annually conducts inspections and patrols of transmission and distribution lines to identify structural problems and potential hazards. In the last inspections, staff has identified a higher number of grade 2 repairs and replacements which need to be addressed before they become grade 1 issues. Due to the increasing number of grade 2 tags, staff is changing its approach to utilization of construction service contracts. The overhead construction contracts will now be utilized for both capital improvement projects and grade 2 maintenance work. As discussed in more detail below, this change in contractor utilization for repair and maintenance now in addition to capital improvement project work is the reason staff recommends increasing the not-to-exceed amount under the contract through Change Order No. 1. As of July 2015, CPAU has spent $666,834 of the $1,000,000 overhead construction contract. Some of the maintenance and repair work has taken longer than anticipated due to the age and condition of the equipment. Pacheco has completed about 200 of the 1,500 grade 2 tags over City of Palo Alto Page 3 five months. Based on the workload forecast, all the funds from the first year of the agreement will be exhausted by October 2015. The second year funding will not be available until February 2016. To ensure service reliability and continuity, staff recommends Council approve Change Order Number 1 to the existing contract with Pacheco to increase the not-to-exceed amount from $1,000,000 to $1,500,000 per year, resulting in a total not-to-exceed amount of $4,500,000 over three years. The additional funding will allow Pacheco to continue to work on the outstanding grade 2 repairs and replacements until the second year of funding is available, and will allow them to continue to supplement CPAU staff’s efforts to tackle maintenance and repair tasks in years two and three of the contract. Resource Impact A Budget Amendment Ordinance in the amount of $1,000,000 for Fiscal Year (FY) 2016, offset with a reduction to the Electric Distribution Fund Operations Reserve, is recommended to fund the contract through June 2016. The request for funding is for the following: $500,000 to fund the increased work to reduce the backlog of repair and maintenance work in the first year of the contract. $500000 to correct underfunding in the FY 2016 Budget, which inadvertently did not include the amount needed to fund the contract from February 2016 through June 2016. Continued work under this contract for 2016 through 2018 will be subject to satisfactory performance by the contractor and City Council approval of annual appropriations. Starting with FY 2017, staff will request the full funding of this work as part of the annual budget process. Policy Implications The approval of Change Order Number 1 to Contract C15155783 is consistent with existing City policies, including the Council-approved Utilities Strategic Plan to operate the electric distribution system in a cost-effective manner and to invest in utility infrastructure to deliver reliable service. Environmental Review Approval and authorization for the City Manager or his designee to execute Change Order Number 1 is categorically exempt from the California Environmental Quality Act (CEQA), under section 15301 (repair or maintenance of existing facilities), and section 15302 (replacement or reconstruction of existing structures and facilities) of Title 14 of the California Code of Regulations (the “CEQA Guidelines”). Attachments: Attachment A: Contract Change Order for Pacheco 15155783 (PDF) Attachment B: Proposed Budget Amendment Ordinance (PDF) ATTACHMENT A NOT YET APPROVED 150917 jjs JM-XX 1 Ordinance No. XXXX Ordinance of the Council of the City of Palo Alto Amending the Budget for Fiscal Year 2016 in the Electric Fund to Provide an Appropriation of $1,000,000 to the Electric Operating Maintenance Budget for Change Order No. 1 to Construction Services Contract With Pacheco Line Builders, Inc. for Electric Overhead Construction Services, Offset by a Reduction to the Electric Distribution Fund Operations Reserve. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 15, 2015 did adopt a budget for Fiscal Year 2016. B. In January 2015, the Utilities Department awarded a contract in the not-to- exceed amount of $3,000,000 for three years with Pacheco Line Builders, Inc. for construction services to assist Electric Operations, primarily focused on completion of various capital improvement projects with some maintenance work necessary to keep the overhead electric distribution system in compliance with state and federal utility regulations contemplated. Staff also contemplated using the contractor to provide assistance and support to Electric Operations during emergency or storm conditions. C. A backlog of overhead line maintenance work has accumulated over the past several years due to a lack of available resources allowing only, as safety permitted, for emergency work. There are currently insufficient resources within the Electric Operations Division to complete all of the identified and anticipated construction work in the areas of repair and maintenance. D. In the most recent inspections of the overhead lines, staff has identified a higher number of Grade 2 repairs and replacements which need to be addressed before they become Grade 1 issues. Due to the increasing number of Grade 2 tags, staff is changing its approach to utilization of this construction service contract, and desires to use this overhead construction contract for both capital improvement projects and Grade 2 maintenance work. E. One Million Dollars ($1,000,000) is needed to fund the contract for the remainder of the first year of the contract through Fiscal Year 2016, of which $500,000 will be used to address the backlog of maintenance work, including the outstanding Grade 2 repairs and replacements in the first year of the contract, and $500,000 is needed to fund the contract for work from beginning of year two of the contract in February 2016 through the end of the fiscal year in June 2016. ATTACHMENT B NOT YET APPROVED 150917 jjs JM-XX 2 SECTION 2. The sum of One Million Dollars ($1,000,000) is hereby appropriated to the Electric Operating Maintenance Budget to fund a portion of the contract. This increase is offset by a reduction to the Electric Distribution Fund Operations Reserve. SECTION 3. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 4. Approval and authorization for the City Manager or his designee to execute Change Order No. 1 is categorically exempt from the California Environmental Quality Act (CEQA), under section 15301 (repair or maintenance of existing facilities), and section 15302 (replacement or reconstruction of existing structures and facilities) of Title 14 of the California Code of Regulations (the “CEQA Guidelines”). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Deputy City Attorney City Manager ____________________________ Director of Administrative Services ____________________________ Utilities Director City of Palo Alto (ID # 6053) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Purissima Hills Water District Intertie Agreement Amendment Title: Approval of Amendment Number Two to the Agreement Between the City of Palo Alto and the Purissima Hills Water District for a Limited Emergency Water Supply Intertie From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council approve an amendment (Attachment A) to the existing agreement with Purissima Hills Water District to clarify the terms and conditions for the limited sale of water during temporary service disruptions. Executive Summary In 2007 and 2009, the City of Palo Alto and Purissima Hills Water District (PHWD) built two interties between their respective water systems to enhance emergency water supplies. The first was built at Arastradero Road and Hillview Avenue, the second on Page Mill Road near Foothills Park Entrance Gate 2. Both the original agreement of November 2007 and First Amendment of June 2009 discussed the terms and conditions for usage and maintenance of both interties during emergencies. However, the existing contract did not directly address the use of the interties to cover disruptions to water service caused by pipeline or system maintenance, which could be alleviated by a temporary sale of water via an intertie. The proposed Second Amendment will clarify and set forth the terms and conditions for intertie usage for maintenance and emergency situations. Background In 2007, City staff worked with PHWD to install an interconnection between the two water systems at Arastradero Road and Hillview Avenue to provide emergency water supply options and maintenance flexibility for both the City and PHWD (CMR:417:07). The City and PHWD entered into an intertie agreement on November 19, 2007. City of Palo Alto Page 2 In 2009, to enhance mutual fire protection benefits between the City and the Los Altos County Fire District (LAHCFD), a second interconnection was built with PHWD on Page Mill Road adjacent to Entrance Gate 2 of Foothills Park. The agreement was amended to include the second interconnection on June 15, 2009 (CMR:273:09). Discussion The City’s emergency water supply has been enhanced through the introduction of interties with PHWD. The connections at Arastradero/Hillview and Page Mill Road have improved fire protection capabilities, both in the Foothills and in the Stanford Research Park. Maintenance for the interties has been shared jointly by the City and PHWD, and metering allows for either party to be charged based on water it is supplied through the interties. Water used by either party is paid for at the wholesale rate each party pays the San Francisco Public Utilities Commission (SFPUC) for the water supplied1. Requests to use water through the intertie must be provided in advance and in writing, although verbal requests may be permitted if necessary in an emergency. If approved, any water supplied must be paid for by the receiving party within 30 days of billing. The original agreement approved by Council on November 19, 2007 discussed usage in case of emergencies. However, while the staff report (CMR:417:07) discussed how the intertie would also provide for “maintenance flexibility” and could be utilized for “planned maintenance”, these points were not clarified within the agreement itself. Maintenance flexibility was also mentioned in the June 15, 2009 staff report (CMR:273:09) that introduced the Page Mill Road intertie, but the conditions of non-emergency usage situations were not discussed further within the Amendment. In 2014, the PHWD notified the City that it needed to perform maintenance on a water storage tank and water main near the location of the Page Mill Road intertie. In order to perform this maintenance, homes between the work site and Palo Alto’s borders would need to be shut off from water service for a period of several weeks. However, water service could still be maintained via the intertie with Palo Alto, keeping these customers from being without water during the repairs. City staff determined that there would be no adverse impact to Palo Alto customers should the intertie be used as PHWD proposed during the timing of the repairs (fall/winter 2015). Staff felt it prudent to propose amending the agreement to clearly include these types of maintenance situations as valid uses of the intertie. Staff and the City Attorney’s Office worked with Purissima Hills Water District to draft an updated agreement. PHWD has signed the agreement, included as Attachment A. Resource Impact There are no projected resource impacts with the proposed Amendment. 1 All SFPUC wholesale customers that are members of the Bay Area Water Supply and Conservation Agency (including the City and PHWD) pay the same rate to SFPUC for water. City of Palo Alto Page 3 Policy Implications The approval of this Amendment is consistent with the Council-approved Utilities Strategic Plan Objective BP1 to ensure a reliable supply of utility resources (CMR ID #5709). Environmental Review Council’s approval of the attached Second Amendment between the City of Palo Alto and the PHWD is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15301 (repair, maintenance or minor alteration of existing facilities) and 15302 (replacement or reconstruction of existing facilities located on the same site as the structure replaced) thus environmental review is not required. Attachments: Attachment A: Amendment No. Two to the Agreement between the City of Palo Alto and the Purissima Hills Water District for a Limited Emergency Water Supply Intertie (PDF) ATTACHMENT A City of Palo Alto (ID # 6212) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Approve the change in direction by Friends of JMZ regarding operation of the new building Title: Approval of the Change in Direction by Friends of the Junior Museum & Zoo’s Regarding Operation of the New Building From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council approve change in direction by the Friends of the Junior Museum & Zoo’s regarding the operation of the new Junior Museum & Zoo building. Executive Summary On November 10, 2014, (CRM 5130), Council approved a Letter of Intent for Construction and Operation of the New Junior Museum and Zoo Building by the Friends of the Junior Museum and Zoo (Friends). In February of 2015, the City and FJMZ began negotiations. On August 27, 2015, the Friends of JMZ board unanimously voted to defer consideration of their role as the operator of the new facility, for possible re-consideration within 5 years after the new JMZ facility opens. The JMZ board believes this adjustment is necessary in order to meet their deadlines regarding the fundraising, design and construction demands of rebuilding the JMZ. Background The Letter of Intent (LOI) between the City and the Friends of the Palo Alto Junior Museum and Zoo (Friends), approved by Council on November 10, 2014, facilitated the discussion of the key negotiating terms and conditions relating to the Junior Museum and Zoo (JMZ) Project, which would lead to reconstruction of the JMZ. The LOI outlined that the City and the Friends endeavor to negotiate an agreement for the construction of a new JMZ and the operation of the JMZ by the Friends for forty years after completion of the building. The LOI specified that Friends will undertake a community outreach and fundraising program to garner the community's input and support for the project. The Friends hired an architect to develop a conceptual plan to reconstruct the existing JMZ facility. A JMZ project footprint within Rinconada Park for portions of the Zoo was included in many stakeholder and community meetings for the Rinconada Park Master Plan. City of Palo Alto Page 2 As directed by Council, Staff and Friends have been meeting twice a month since February of 2015 to negotiate terms and conditions of for possible agreements. In the negotiations, City staff and the Friends have been working on draft construction terms, developing budget and staffing models, defining the public private partnership as well as planning the transition of governance. Discussion This decision to postpone the Friends of JMZ operating the JMZ was unanimous among the Friends Board. In the negotiations, City staff and the Friends have been working on numerous complex issues regarding construction and operations of the new facility. Attempting to do all concurrently has proven difficult. The Friends board fundraising has been very successful but working with the donors of the new building is extremely time sensitive. Thus, they opted for this stepped approach, which still leaves the option for the Friends to become the operator of the JMZ at a later date. The issues encountered in building a realistic 5-year pro forma that reflected revenue and operating budgets are also quite complex with many variables. Additionally, defining the public private partnership with clear delineation between the City and Friends roles, which would result in a clear operating plan, is also complicated and requires considerable planning and evaluation. The amount of time and effort required for these important tasks were in conflict with the Friends’ need to satisfy their donors’ desire to see firm construction plans and agreements in place before they committed to the capital campaign. These competing needs were further heightened due to the City’s concern about perceived or actual conflicts of interest by JMZ staff, as described by the Fair Political Practices Commissions, in the Political Reform Act, which …prohibits any public official from making, participating in making, or influencing a governmental decision that directly relates to a prospective employer while negotiating or after reaching an employment arrangement (Section 87407, Regulation 18747). In short, this law expands the Act’s conflict of interest rules and related disqualification obligations to situations where a decision will have a reasonably foreseeable material financial effect on the prospective employer even though the official does not yet have an economic interest in the employer. Under the ban on influencing prospective employment, an official may not make, participate in marking or influence decisions that “directly relate’ to a prospective employer. Due to concerns about conflict of interest, the JMZ staff became increasingly removed from design, planning and budget issues. JMZ staff had worked closely with Friends for years on all City of Palo Alto Page 3 aspects of the JMZ Initiative and had been instrumental in developing the vision and plan. Curbing their involvement in order to avoid a possible conflict of interest impacted progress in the negotiations. The JMZ staff expertise is needed in order to develop a realistic pro forma, one that would accurately reflect the costs of exhibitions, animal care, programs, operations and staff. With the conflict of interest concerns slowing the negotiations, the Friends negotiating team assessed the situation and their priorities. The Friends Board and their donors are first and foremost interested in rebuilding the JMZ facility as soon as possible, and they believe that focusing on fundraising and construction first will be the most prudent course of action to achieving their primary goal, leaving possible the transfer of governance discussions to a later time. The Friends remain fully committed to fundraising and leading the construction of the new facility, and believe that focusing their efforts will be more expedient and in the best interests of the Friends and the City of Palo Alto. In effect this would mean the new facility - once built by the Friends in partnership with the City - would remain under the City to operate, with the Friends continuing to support the JMZ program through ongoing fundraising and increased responsibilities, to be determined. Staff believes this is a positive development and will allow for the construction of the new JMZ facility to progress more quickly. The complexities of negotiating several different agreements, including shaping the terms of the public private partnership, and the budget and staffing issues, meant significant time would lapse before the necessary agreements would be completed. FJMZ has time constraints for fundraising and wishes to proceed with construction as soon as possible. The project needs JMZ staff input to make the JMZ initiative successful. Their expertise is invaluable to the project’s success. If the City remains the governing authority, the conflict of interest concern is no longer an issue. Thus, the project could move ahead, and the JMZ Friends are far more likely to meet fundraising and construction goals. Staff remains very interested in exploring the transfer of governance to Friends at a later date. Staff and Friends have discussed that a graduated process has many advantages, allowing the fundraising and construction agreements to move forward more quickly, and affording more time to plan a potential transfer of governance from the City to Friends. The complexities of the budget, staffing and partnership plans and agreements would benefit from more time. Staff is confident the recommendation in this report will yield a positive and more achievable outcome for the rebuilding of the JMZ. Timeline JMZ Friends hope to begin construction within two years. Staff and the JMZ Friends will continue to meet regularly, and plan to return to Council with an update on a draft construction agreement in February of 2016. City of Palo Alto Page 4 Staff and FJMZ will bring to Council in 2016 reports that address: Construction and Operations agreements Construction Schedule Plan for relocation during construction Drawings of the project at a schematic design level Fundraising update Report back on community input including boards and commissions Conceptual Pro forma and budget documents for the new facility and program EIR Report Visitor experience concepts and outreach plan Resource Impact While staff and JMZ Friends remain interested in the model of transferring governance to the JMZ, delaying that negotiation allows JMZ staff to be full participants in the design of the building and programs. In either model, due to the larger planned facility, it is anticipated that cost for operating the new JMZ facility will increase. Staff, with input from Friends, will develop a pro forma that offsets operational increases with earned and contributed income, for Council’s review and approval in 2016. Environmental Review The operational agreement is not subject to CEQA review. The Rinconada Master Plan and JMZ Initiative are currently undergoing CEQA review. Attachments: Attachment A: CMR 5170 with Council Approved Letter of Intent (PDF) City of Palo Alto (ID # 5170) City Council Staff Report Report Type: Action Items Meeting Date: 11/10/2014 City of Palo Alto Page 1 Summary Title: Letter of Intent - Junior Museum & Zoo Title: Approval of Letter of Intent for Construction and Operation of the New Junior Museum and Zoo Building by the Friends of the Junior Museum and Zoo in 2019 From: City Manager Lead Department: Community Services Recommendation Staff recommends a) Council’s approval of a Letter of Intent (Attachment A), by which the City and the Friends of the Palo Alto Junior Museum and Zoo (JMZ) will collaborate to develop agreements for the building of a new and enhanced Junior Museum and Zoo facility, and the operation of the new facility for up to 40 years. b) Staff seeks the Council’s guidance and approval on the guiding negotiation principles, noted on page 4 below. Background The Friends of the Palo Alto Junior Museum and Zoo (Friends) have played an integral role in the support and operation of the Palo Alto Junior Museum and Zoo (JMZ) since 1962. From 1962 through 1990, the Friends were referred to as the Junior Museum and Zoo Associates. In 2002, the Friends approached the City to create a public-private partnership with the intention of raising the capital improvement funds required to completely renovate the JMZ facility (CMR 442:02). In February 2007, a Council Colleague’s memo from then Vice-Mayor Klein and Council Members Beecham and Mossar requested that staff work with the Friends to explore the possibility of a new public/nonprofit partnership that would strengthen the ties between the City and the Friends. Council approved an Agreement for Mutual Cooperation and Support with the Friends of the Palo Alto Junior Museum & Zoo (the Agreement) in November 2007 (CMR 443:07), an agreement extension in January 1 2013 (CMR #3395), and a Second Agreement in December City of Palo Alto Page 2 2013 (CMR #4258) (Attachment B). The current Mutual Cooperation and Support Agreement allows the Friends to use the JMZ facility to benefit the City through the Friends’ support of the operations, education-related programs, and activities and opportunities offered by or within the JMZ facility. The public-private partnership between the City and the Friends was strengthened via the written agreement, because it provided the Friends with a greater opportunity to play a role in planning and decision-making processes, which has led to increased outside funding for the JMZ facility. The Agreement enabled the Friends’ board members and staff to work in a more integrated way with the City, for example, by (a) including the JMZ manager as an ex-officio member of the Friends’ Board; (b) the Council providing a liaison to the Friends’ Board, (currently Council Member Berman); and (c) other City staff working in unison with the Friends’ staff to realize mutual goals. Final responsibility for the planning and operation of the JMZ facility continued to lie with the City, but the Friends participated with a higher level of engagement in planning and implementing JMZ activities than in the past. The inadequacies of the current JMZ facility were documented in several reports. The 1997 Adamson Associates Infrastructure Management Study Report stated that the Junior Museum & Zoo was overdue for a major renovation. It was recommended that the building be scheduled for a seismic upgrade in 1998-99 and that the entire facility be upgraded during this work. The estimated the cost in 1998 dollars of upgrades to bring the facility into mechanical and code compliance was priced at $733,000. (The mechanical systems were upgraded around 2004 and the roof was replaced in 2011.) In 2002, a Feasibility Study was conducted by MKThink Team, a consultant hired by the Friends. The Study recognized the conditions of visitor overcrowding at the JMZ facility and carefully evaluated the existing building and site for areas of efficiency and opportunity. Through a gap analysis study, the consultant determined that the program space demands (such as staff offices, classrooms, events and gathering areas) exceed existing JMZ facility accommodations and capacity. The building systems were found to be substandard and to not meet certain code requirements, and the overall coherence and presence of the JMZ facility was also deemed poor. In December 2011, the Blue Ribbon Infrastructure Task Force’s Final Report, identified “Catch Up” (deferred maintenance) in 2011 dollars for the Junior Museum & Zoo at $221,000. They also reported that they did not include Friends funding as part of their recommendation: City of Palo Alto Page 3 “In Palo Alto, donations from Community members have financed construction or improvements at Lucie Stern Community Center, the Junior Museum, the Arts Center, Lytton Plaza, the libraries, and various athletic and recreation facilities. Although some projects in the catch-up or future new & replacement categories could attract friends co-funding, the Commission did not find reasonable evidence to include friends funding as part of our recommendations.” In a 2013, a Fundraising Feasibility Study, conducted by March Partners and funded by the Friends, showed that survey respondents overwhelmingly concluded that the rebuilding of the JMZ facility would be essential to the ongoing contribution of the Museum to the community and to JMZ visitors. In 2014, the Friends completed a conceptual strategic plan and cost estimate to rebuild the JMZ facility. The Friends have been assessing public interest in the construction project (the Project) through a fundraising campaign and evaluating the feasibility of funding the construction of a new building through private contributions and grants. The City and the Friends are interested in undertaking and completing the Project in accordance with two agreements subject to mutually acceptable terms and conditions, where the City would maintain ownership of the facility and Friends would operate the facility. The Letter of Intent (the Letter) is intended to facilitate discussion of the key contract terms and conditions relating to the Project, and it requests that the City and the Friends endeavor to negotiate and finalize such agreements within the next twelve months. Discussion The Letter recognizes that the City and the Friends (the Parties) wish to collaborate in regard to the Project that would result in the complete rebuilding of the JMZ facility, as well as the operation of the JMZ for 40 years after completion of the Project. The City and the Friends anticipate the costs of the operation of the newly designed JMZ facility will exceed the current City budget appropriations for the JMZ. Further, the City desires to stabilize and reduce long-term its financial support for the JMZ’s operations. The Parties are interested in undertaking and completing the Project as well as the long- term operation of the newly built facility in accordance with two or more agreements subject to mutually acceptable terms and conditions. The Parties will endeavor to City of Palo Alto Page 4 negotiate and finalize the drafting of the following agreements over the next twelve (12) months, as practicable: 1) An agreement pertaining to the design and construction of the Project. This design/construction agreement would, for a period of time, grant the Friends a license or permission for access to, and the non-exclusive use and possession of, the Project area of the site (including within Rinconada Park), in order that the Friends may develop this area in order to improve, replace, and rebuild the JMZ to provide enhanced levels of service to the existing Palo Alto community. 2) An operations and management services agreement with a term of up to 40 years that will address, among other items, the adequacy of financial resources to be made available in order to facilitate the successful operation of the remodeled JMZ facility. This operations/management services agreement will address the appropriate operating constraints and public benefits. Staff is requesting Council’s direction to staff to negotiate these agreements with the following guiding negotiation principles in mind: 1. Delineate methods for appropriate public and City input to programs and services; 2. Oversight and cooperation of the construction project; 3. Establish a long-term structure for financial and programmatic oversight of the operations; 4. Stabilize and reduce long-term the City’s financial support for the JMZ’s operation; 5. Outline the possible transition of the operation of the facility to the City at time of lease expiration; and 6. Endeavor to complete negotiations within 12 months. Both agreements will be subject to the approval of the Palo Alto City Council and the approval as to form by the Palo Alto City Attorney. Before construction of new facilities, Council will be required to adopt a Park Improvement Ordinance in regard to the Project for any portion of the Project that will be constructed within Rinconada Park, as required by the City Charter and the Palo Alto Municipal Code. Such a Park Improvement Ordinance would be consistent with the draft Rinconada Park Long Range Plan. Upon the Friends’ acceptance of this Letter, the Friends will continue to raise funds for, design and prepare construction documents for, and obtain a construction contractor for the Project. All design and construction work will be reviewed by one or more of the City of Palo Alto Page 5 City’s Departments of Community Services, Development Services, Planning and Community Environment, Utilities, and Public Works, and then reviewed and approved, as appropriate by the City’s Boards and Commissions, including, but not limited to, the Architectural Review Board, the Parks and Recreation Commission, Planning Commission and the City Council. Under the terms of this Letter of Intent the Friends will be required to obtain and maintain all required City permits and other authorizations and furnish or caused to be furnish any financial and non-financial security, during the construction, as appropriate, and upon request, to the City, including, but not limited to, insurance, indemnity, lien waivers, performance and payment bonds and covenants. The Friends will continue to undertake a community outreach and fund-raising program to garner the community’s input and support for the Project. The City will provide reasonable staff support and other assistance, upon request, to the Friends in connection with the execution of the Project. The Friends must pay certain Project permit-related fees and charges that are due and payable to the City’s General Fund and also pay all utility services rates, fees and charges that are due and payable to the City’s Utilities Enterprise Fund in connection with the construction, operation and management of the Project. Resource Impact No additional City resources will be required beyond staff participation, review and oversight of the Project at this time. If the City’s staff and Friends’ staff reach agreement on the key terms and conditions of these agreements, then as part of Council’s approval of these agreements, any resource impacts will be identified for Council’s review and approval. The Friends will be responsible for raising the required funds for the Project and for advocating for the JMZ facility in the community and provide leadership support through their Board of Directors. Policy Implications The Letter is not intended to be a binding contract between the Parties with respect to the Project. It is intended to facilitate discussion of the key terms and conditions of the agreements concerning the Project and is only an expression of the basis on which the Parties would enter into the agreements regarding the Project. The City requests the Friends’ acknowledgement of this letter in order that the City may develop the key terms and conditions of the draft agreements concerning the Project. City of Palo Alto Page 6 Environmental Review The approval of the Letter of Intent does not qualify as a ‘project’ under the California Environmental Quality Act (CEQA), California Public Resources Code section 21065 and the CEQA guidelines, Title 14, section 15378, therefore, no environmental assessment is required at this time. This Project will be reviewed under the California Environmental Quality Act as part of the Rinconada Park Master Plan. The draft Master Plan for Rinconada Park, including the Junior Museum & Zoo Project, must be reviewed in accordance with the California Environmental Quality Act. A separate request for approval of a contract for environmental review services and funding is scheduled to be considered by Council this fall. The request will include funding by the Friends for the JMZ Project portion of the environmental review. Attachments: Attachment A - Letter of Intent (PDF) Attachment B - Agreement with the Friends JMZ Mutual Cooperation and Support (PDF) October 10, 2014 Aletha Coleman, President Friends of the Palo Alto Junior Museum & Zoo 1451 Middlefield Road Palo Alto, CA 94310 RE: Rebuilding of the Junior Museum & Zoo at Rinconada Park Dear Ms. Coleman: The City of Palo Alto (the "City") and the Friends of the Palo Alto Junior Museum and Zoo (the "Friends") (previously known as the Junior Museum and Zoo Associates) (each a "Party" and collectively, the "Parties") have enjoyed a long-standing relationship since 1962. In 2013, the Parties entered into a new Mutual Cooperation and Support Agreement for a term of up to six years, as it pertains to the Junior Museum and Zoo. This Support Agreement allows the Friends to use the JMZ to the benefit of the JMZ's patrons and provides for the Friends' support of the operations, education-related programs, and activities. The City and the Friends now wish to collaborate in regard to a construction project (the "Project") that would result in the complete rebuilding of the existing Junior Museum and Zoo facility ("JMZ") as well as the Friends' operation of the JMZ for 40 years after completion of the Project. The Project will be located within the boundaries of Rinconada Park, Palo Alto, as depicted in the Draft Rinconada Park Master Plan . . The City does not have sufficient funds to rebuild the existing JMZ facility and the Parties anticipate that the costs of the operation of the newly designed JMZ facility will exceed the current City's budget appropriations for the JMZ. The City desires to stabilize and reduce on a long-term basis its financial support for the JMZ's operation and the Friends seek financial support from the City in the initial years of the operation of the rebuilt facility. The Parties envision that the JMZ's mission, core programs, and services would be enhanced with a strong public-private partnership between the Parties, comprised of excellent communication and mutual understanding. The Parties are interested in undertaking and completing the Project in accordance with two or more agreements subject to mutually acceptable terms and conditions. The Parties will endeavor to negotiate and finalize the drafting of the following agreements over the next twelve (12) months, as practicable: Aletha Coleman, President Letter of Interest October XX, 2014 Page 2 of3 Project Design and Construction Agreement This design/construction agreement would, for a period of time, grant the Friends a license or permission for access to, and the non-exclusive use and possession of, the Project's construction site (including within Rinconada Park), in order that the Friends may develop this area in order to improve, replace, and rebuild the JMZ to provide enhanced levels of service to the Palo Alto community and JMZ visitors. Operations and Management Services Agreement This operations/management services agreement will address, among other items, the methods for appropriate public input to programs and services, the structure for financial and programmatic oversight of the operations, the adequacy of financial resources to facilitate the successful operation of the new facility, and the transition of the operation of the facility to the Friends and then possibly back to the City after the expiration of the agreement with the Friends. As part of the development of this operations/management services agreement, the Friends will prepare detailed financial pro form as with underlying assumptions and an operational plan which support the successful operation ofthe new JMZ facility. This agreement will address the appropriate operating constraints and public benefits. Both agreements will be subject to the approval of the Palo Alto City Council and the approval as to form by the Palo Alto City Attorney. The Council will be required to adopt a park improvement ordinance in regard to the Project for any portion of the Project that will be constructed within Rinconada Park, as required by the City Charter and the Palo Alto Municipal Code. Upon the Friend's acceptance of this letter, the Friends will continue raising funds for the design and construction of the JMZ facility as well as operating reserves for the operation of the facility and prepare construction documents and an operational plan. The Friends will undertake a community outreach and fundraising program to garner the community's input and support for the Project. The Friends will be required to obtain and maintain all required City permits and other authorizations and furnish or caused to be furnish any financial and non-financial security, during the construction, as appropriate, and upon request, to the City, including, but not limited to insurance, indemnity, lien waivers, performance and payment bonds and covenants. All design and construction work will be reviewed by one or more of the City's Departments of Community Services, Planning and Community Environment, Development Services, Utilities, and Public Works, and then reviewed and approved, as appropriate by the City's boards and commissions, including, but not limited to, the Architectural Review Board, the Parks and Recreation Commission, the Planning and Transportation Commission and the City Council. The City will provide reasonable staff support and other assistance, upon request, to the Friends in connection with the execution of the Project. Aletha Coleman, President Letter of Interest October XX, 2014 Page 3 of3 This letter is not intended to be a binding contract between the Parties with respect to the Project. It is intended to facilitate discussion of the key contract terms and conditions of the two agreements relating to the Project, and it is only an expression of the basis, on which the Parties would enter into the agreements regarding the Project. The City requests the Friends' acknowledgement of this letter below in order that the City may proceed to develop with the Friends the key terms and conditions ofthe two draft agreements concerning the Project. Once these key terms and conditions have been identified, the City will undertake to draft the final agreements that will be mutually acceptable to the parties. Sincerely, James Keene City Manager Copies to: Greg Betts, Director, Community Services Mike Sartor, Director, Public Works Lalo Perez, Director, Administrative Services Rhyena Halpern, Assistant Director, Community Services Grant Kolling, Senior Asst. City Attorney Walter C. Rossmann, Director, Office of Management and Budget John Aikin, Manager, Junior Museum & Zoo The Friends of the Palo Alto Junior Museum & Zoo hereby acknowledge a mutual interest in developing appropriate agreements between the Parties to complete the Project conditions described above. ~,U~~ f'-Aletha Coleman, President Friends of the Palo Alto Junior Museum & Zoo Date 131120 dm 00710304A 1 Contract No. _______________ AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE FRIENDS OF THE PALO ALTO JUNIOR MUSEUM AND ZOO FOR MUTUAL COOPERATION AND SUPPORT Dated as of _______________________, 2013 131120 dm 00710304A 2 TABLE OF CONTENTS Section Description Page 1 Term; Extension; Termination 4 2 Responsibilities of the Parties 4 3 General License to the Friends 6 4 Insurance 6 5 Indemnity 8 6 Waiver 9 7 No Property Rights 9 8 Assignment 9 9 Independent Contractor 10 10 Nondiscrimination 10 11 Notices 10 12 Miscellaneous 11 Exhibit “A” Insurance Requirements Exhibit “B” Certification of Nondiscrimination 131120 dm 00710304A 3 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE FRIENDS OF THE PALO ALTO JUNIOR MUSEUM AND ZOO FOR MUTUAL COOPERATION AND SUPPORT This MUTUAL COOPERATION AND SUPPORT AGREEMENT (the “Agreement”), dated, for convenience, ____________________, 2013 (the “Effective Date”), is entered into by and between the CITY OF PALO ALTO, a California chartered municipal corporation (the "City"), and the FRIENDS OF THE PALO ALTO JUNIOR MUSEUM AND ZOO, a California public benefit corporation organized under the California Nonprofit Public Benefit Corporation Law (the "Friends") (individually, a “Party” and, collectively, the “Parties”), in reference to the following facts and circumstances: RECITALS: 1. The City owns and operates the Junior Museum (the “Museum”) and Zoo (collectively, the “JMZ"), located at 1451 Middlefield Road, Palo Alto, CA 94301. The JMZ is a program of the City’s Community Services Department (the “Department”) and exists within the Department’s Arts and Sciences division. 2. The Friends have assisted the City’s JMZ staff in supporting and advocating on behalf of JMZ operations, programs and activities over the past thirty‐eight years. The Friends intend to benefit the City and the Palo Alto community by providing certain services, which the Parties intend to be rendered in accordance with the general scope of the City’s policy on Public/Private Partnerships. By this Agreement, the Friends will, at the direction of the City Manager, or designee, and through the use of both City and/or Department employees and JMZ staff‐supervised and unpaid community volunteers, support the operations‐ and education‐related programs, activities and opportunities offered by or within the JMZ. 3. The Parties wish to more closely collaborate and mutually cooperate and support each other in the future, to improve, enhance and sustain the capacity of the JMZ to develop and provide educational opportunities and related services to the Palo Alto community. 4. The Parties entered into a Mutual Cooperation and Support Agreement in 2007 for a three‐year term with an option to extend for an additional three‐year term. By an Amendment No. One to Agreement, the Parties extended the agreement for the additional three‐year term. The Parties desire to renew the 2007 Agreement on the same terms and conditions. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and the following 131120 dm 00710304A 4 covenants, terms, conditions and provisions of this Agreement, the Parties agree: SECTION 1. TERM; EXTENSION; TERMINATION 1.1 This Agreement will commence on the Effective Date, and the initial term is three (3) years (the “Term”), unless it is earlier terminated by a Party as herein provided. 1.2 The Term may be extended by the Parties for one (1) additional term of three (3) years (the “Extension Term”); provided, however, the City may require the City Council’s approval of the Extension Term. 1.3 A Party may terminate for convenience this Agreement, in whole or in part, by giving the other Party no less than ninety (90) days’ prior written notice. 1.4 This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code (the “PAMC”). This Agreement will terminate without penalty: (A) at the end of any fiscal year in the event that funds are not appropriated for the JMZ program for the following fiscal year; or (B) at any time within a fiscal year in the event that funds are appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 1.4 will take precedence in the event of a conflict with any other covenant, term, condition or provision of this Agreement and the Exhibits. Nothing in this Section 1.4 is intended to affect the Friends’ rights and remedies as may be available under applicable laws. SECTION 2. RESPONSIBILITIES OF THE PARTIES 2.1 The responsibilities of the City will include the following: A. The management of the JMZ facilities, programs and the City’s staff employees, including any and all City‐hired contractors, subcontractors, consultants and volunteers. The City will hire, supervise, evaluate and otherwise exercise supervision and control of its employees. The City may permit the Friends’ duly authorized representatives to participate in the interview process for the hiring of a manager of the JMZ (the “JMZ Manager”); B. The feeding, care and maintenance of the JMZ wildlife residents and basic maintenance and repair of the JMZ facilities as well as the furnishing of internal and external landscaping and utility services to the JMZ; C. The selection of one or more individuals to serve as the City’s liaison(s) to the Friends’ board of directors and/or any board committees (the “Board”), including (1) a Council Member, if any, who will serve as the official liaison of the City to the Board, and (2) the JMZ Manager, whose duties may include providing assistance to the Friends, including the Board, in selected fundraising activities, as may be directed or approved by the City Manager, or 131120 dm 00710304A 5 designee; D. The review of all community‐related activities that the Friends may propose for inclusion in the JMZ programs. All activities of the Friends will be pre‐approved by the JMZ Manager, or designee; E. Develop and provide educational programs relating to JMZ and supervise community volunteers in connection therewith; F. Manage the JMZ collections and supervise the accessioning, deaccessioning, cataloging, and conservation of the JMZ permanent collection in accordance with City, Department, Museum, state, and federal laws and applicable professional standards; and G. Any other obligation(s) that the City, Department or the Museum may undertake in accordance with this Agreement, upon reasonable notice to the Friends; provided, however, any such undertaking will be memorialized, in writing, by an amendment to this Agreement, in order that such undertaking will be binding upon the City. 2.2 The responsibilities of the Friends will include the following: A. The supervision and management of its directors, officers, employees, volunteers, contractors, subcontractors and consultants, while they, and each of them, are performing obligations on behalf of the Friends pursuant to this Agreement; B. The rendering of assistance to the JMZ Manager (through the Board and/or staff), at the JMZ Manager’s request, including voluntary attendance and contribution at staff meetings of the JMZ Manager; C. The provision and staffing of programs to educate the public about the JMZ and its programs and amenities, and the mobilization of volunteers for JMZ projects and programs; D. The development and implementation of a development plan for the JMZ (the “Friends Plan”), that is consistent with the JMZ strategic plan, referred to in Section 2.3(A), and the annual work plan(s), referred to in Section 2.3(B). The Development Plan will include donor acknowledgment and activities consistent with City policies and practices; and E. The rendering of other services beyond those spelled out in the annual JMZ Plan and related to the preservation, protection and enhancement of the JMZ, will be approved, in writing, by the JMZ Manager. 2.3 The responsibilities of the Parties will include the following: A. Under the direction of the JMZ Manager, develop a long‐term strategic plan to 131120 dm 00710304A 6 enhance and improve the vision of the JMZ (the “Strategic Plan”); B. Under the direction of the JMZ Manager and consistent with the Strategic Plan, develop an annual work plan (the “JMZ Plan”), and, on an annual basis, effective July 1 of each year, establish program, budget, fundraising and administrative and operational priorities and activities for each fiscal year of operations. The JMZ Plan will delineate the rights and obligations of the Parties and identify each Party’s duly authorized representative. The JMZ Plan will include, without limitation, specific cash handling procedures to be followed by the Parties and the dispute resolution procedures for informally resolving differences of opinion of each Party regarding the substance and/or implementation of the JMZ Plan; and C. In regard to the JMZ Plan, the Parties will review, on a quarterly basis, the status of reaching and/or exceeding the goals of the JMZ Plan, including budget goals. The Parties will evaluate, annually, the JMZ Plan. 2.4 The responsibility of either Party or the Parties in regard to any capital improvement project (“CIP”) for the JMZ will not be established by this Agreement. The Parties agree to reserve for future consideration any existing or future CIP for the JMZ, including the scope of a capital fundraising program and the responsibilities of each Party in regard to thereto. The provision of any CIP may be addressed by amendment to this Agreement or by separate instrument, as determined by the Parties. 2.5 To the extent this Section 2 does not specifically identify the Party who will be primarily responsible for any action or decision in regard to the JMZ, the Parties agree that the City will be the party to assume all rights and obligations in connection with such decision. SECTION 3. GENERAL LICENSE TO THE FRIENDS 3.1 The City hereby grants the Friends, its directors, officers, employees, contractors, subcontractors and consultants a nonexclusive license to enter upon and use the JMZ facilities in connection with the Friends’ execution of its individual and/or joint responsibilities established by the JMZ Plan, including, but not limited to, organizing small group meetings and large group/community meetings and events at the JMZ, such as fundraising events, programs, and tours of the JMZ facilities, and using the office space afforded to the Friends for their use at the JMZ facilities in connection with this Agreement. Any use of the JMZ facilities will be approved by the JMZ Manager in regards to program scheduling, space availability, and the functionality of shared JMZ spaces for staff use. The City will provide to the employees of the Friends security card access to the JMZ; any additional cards will be approved by the JMZ Manager, upon request, in writing. SECTION 4. INSURANCE 4.1 As of the Effective Date, the Friends, at its sole cost and expense, will obtain and 131120 dm 00710304A 7 maintain the following insurance coverage, and as further described in Exhibit “A,” acceptable to the City’s insurance risk manager (the “Risk Manager”) in full force and effect during the Term, insuring not only the Friends but, with the exception of worker’s compensation and employer’s liability insurance, naming the City as an additional insured, concerning the Friends’ participation under this Agreement. POLICY MINIMUM LIMITS OF LIABILITY A. WORKER’S COMPENSATION Statutory B. COMPREHENSIVE Bodily Injury $1,000,000 ea. person AUTOMOBILE LIABILITY Property Damage $1,000,000 each person, including owned, hired, and non‐owned automobiles C. COMPREHENSIVE Bodily Injury $1,000,000 each person, GENERAL $1,000,000 each occurrence, LIABILITY $1,000,000 aggregate including products, Property Damage $1,000,000 each occurrence & completed operations, Personal Injury $1,000,000 each occurrence, broad form contractual, and personal injury. 4.2 Any deductibles or self‐insured retentions must be declared to and approved by the Risk Manager. At the City’s option, the insurer will reduce or eliminate such deductibles or self‐insured retentions as respects the City. The Friends’ insurance will be carried in full force and effect on or before the Effective Date. Every insurance policy required by this Agreement will contain the following or substantially similar clauses: A. "This insurance shall not be canceled, limited in scope of coverage or nonrenewed until after thirty (30) days written notice has been given to: City of Palo Alto/Junior Museum and Zoo Manager, P.O. Box 10250, Palo Alto, CA 94303". B. "All rights of subrogation are hereby waived against the City of Palo Alto and the members of the City Council and elective or appointive officers or employees, when acting within the scope of their employment or appointment." C. "The City of Palo Alto is added as an additional insured as respects operations of the named insured at or from the JMZ." 131120 dm 00710304A 8 D. "It is agreed that any insurance maintained by the City of Palo Alto will apply in excess of, and not contribute to, insurance provided by this policy." 4.3 Evidence of Insurance Coverage and/or Changes will be, as follows: A. Certificate of Insurance. The Friends agree to deposit with the JMZ Manager before the effective date of this Agreement, certificates of insurance necessary to satisfy the City that the insurance provisions of this Agreement have been complied with, and to ensure that such insurance is kept in effect, with the certificates on deposit with the City, during the Term. Should the Friends fail to provide evidence of such required coverage at least three (3) days prior to the expiration of any existing insurance coverage, the City may purchase such insurance, on behalf of and at the sole expense of the Friends, to provide an additional six‐month period of coverage. B. Review of Coverage. The City will retain the right, at any time, to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of the Risk Manager, the insurance provisions in this Agreement do not provide adequate protection for the City and for members of the public using the JMZ, the City Manager, or designee, may require an amount to provide adequate protection as determined by the Risk Manager. The City's requirements shall be reasonable and shall be designed to assure protection from and against the kind and extent of risk which exists at the time a change in insurance is required. C. Changes in Coverage. The City Manager, or designee, will notify the Friends, in writing, of any change(s) in the insurance requirements; if the Friends does not deposit copies of acceptable insurance policies (or certificates) with the City, to the attention of the Risk Manager, incorporating such changes within sixty (60) days of receipt of such notice, or in the event the Friends fail to ensure that the required insurance coverage is maintained in effect, the City may terminate this Agreement in accordance with Section 1. D. No Limit of Liability. The procuring of such required policy or policies of insurance will not be construed to limit the Friends’ liability hereunder or to fulfill the indemnification provision and requirements of this Agreement. Notwithstanding the policy or policies of insurance, the Friends will be obligated for the full and total amount of any damage, injury, or loss caused by or connected with this Agreement, with the Friends’ use of the JMZ. E. Acceptability of Insurers. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:X. 131120 dm 00710304A 9 SECTION 5. INDEMNITY 5.1 Except as provided under Section 5.2, the Friends hereby waive all claims, liability and recourse against the City, including the right of contribution for loss or damage of or to persons or property arising from, growing out of, or in any way connected with or related to this Agreement. The Friends will protect, indemnify, hold harmless and defend the City, its officials, officers, employees, representatives and agents, from and against any and all claims, losses, liability, demands, damages, costs, expenses or attorneys' fees, caused by or arising out of the Friends’ negligent acts or omissions, or willful misconduct, in the performance or nonperformance of its obligations under the covenants, terms, conditions and provisions of this Agreement. The preceding sentence notwithstanding, no personal liability will attach to any Board member under the provisions of this Section 5 for any negligent action or inaction. In the event the City is named as co‐defendant, the Friends will notify, in writing, the City, to the attention of the City’s City Attorney (the “City Attorney”), of such fact and it will represent the City in such legal action, unless the City undertakes to represent itself as co‐defendant in such legal action, in which event the Friends will pay to the CITY its reasonable litigation costs and expenses, including reasonable attorneys' fees. 5.2 The City will protect, indemnify, hold harmless and defend the Friends, its directors. officers, employees and agents, against any and all claims, losses, liability, demands, damages, costs, expenses or attorneys' fees arising out of the City's negligent performance or nonperformance of its obligations under the terms of this Agreement. SECTION 6. WAIVER 6.1 The waiver by either Party of any breach or violation of any covenant, term, or condition of this Agreement or of the provisions of the PAMC or other City law, rule or regulation, will not be deemed to be a waiver of any such covenant, term, condition, or provision or of any subsequent breach or violation of the same or any other covenant, term, condition, or provision. The subsequent acceptance by either Party of any consideration which may become due or payable hereunder will not be deemed to be a waiver of any preceding breach or violation by the other Party SECTION 7. NO PROPERTY RIGHTS 7.1 The Parties agree that this Agreement will not confer any property right upon the Friends, its directors, officers, employees, volunteers, contractors, subcontractors or consultants. Any work performed for the benefit of the JMZ and any improvements placed or constructed at the JMZ will conform to the City’s standards and approved by the City Manager, or designee, and will, upon acceptance, become the property of the City. SECTION 8. ASSIGNMENT 131120 dm 00710304A 10 8.1 Neither Party may assign, transfer, or convey this Agreement or any interest that it may have in this Agreement without the other Party’s express consent or approval. Any attempted assignment without the required consent or approval will be void and will confer no right, title, or interest in or to this Agreement, or part thereof. In the event of an unauthorized assignment, at the option of the Party not making the assignment, this Agreement may be terminated upon reasonable notice to the Party making the assignment. SECTION 9. INDEPENDENT CONTRACTOR 9.1 In the exercise of its rights and responsibilities under this Agreement, the Friends act at all times as an independent contractor and not as an employee of the City. Nothing in this Agreement will be construed to establish a partnership, joint venture, group, pool, syndicate or agency between the Parties. No provision contained herein will be construed as authorizing or empowering either Party to assume or create any obligation or responsibility whatsoever, express or implied, on behalf, or in the name of, the other Party in any manner, or to make any representation, warranty or commitment on behalf of the other Party. In no event will either Party be liable for (a) any loss incurred by the other Party in the course of its performance hereunder, or (b) any debts, obligations or liabilities of the other Party, whether due or to become due. SECTION 10. NONDISCRIMINATION 10.1 The PAMC prohibits discrimination in the employment of any individual under this Agreement because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of that person. The Foundation acknowledges that it has read and understands the provisions of PAMC Chapter 2.30 relating to nondiscrimination in employment and the penalties for violations thereof, and it agrees to comply with all requirements of PAMC Chapter 2.30 pertaining to nondiscrimination in employment, including the completion, execution and submission to the City of the Certification of Nondiscrimination, as described in Exhibit “B.” SECTION 11. NOTICES 11.1 Any notice, request, consent or approval by a Party that is required to be furnished by this Agreement, will be given, in writing, and delivered by personal service, the United States Postal Service, mailed, first class, postage prepaid, or by facsimile transmission, to the following: To CITY: To FRIENDS: City Clerk Executive Director City of Palo Alto Friends of the Palo Alto Junior P.O. Box 10250 Museum and Zoo 131120 dm 00710304A 11 Palo Alto, CA 94303 1451 Middlefield Road Palo Alto, CA 94303‐4303 with a copy to: Manager, Junior Museum and Zoo City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 SECTION 12. MISCELLANEOUS 12.1 This Agreement will be governed by and construed in accordance with the laws of the State of California and the Charter of the City of Palo Alto and the Palo Alto Municipal Code. The Parties will comply with all applicable federal, state and local laws in the exercise of their rights and the performance of their obligations under this Agreement. 12.2 All covenants, terms, conditions, and provisions of this Agreement, whether covenants or conditions, will be deemed to be both covenants and conditions. 12.3 This Agreement represents the entire agreement between the Parties and supersedes all prior negotiations, representations and contracts, written or oral. This Agreement may be amended by an instrument, in writing, signed by the Parties. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 12.4 All exhibits referred to in this Agreement are by such references incorporated in this Agreement and made a part hereof. The following exhibits are (or will be) made a part of this Agreement: Exhibit “A” ‐ Insurance Requirements Exhibit “B” – Certification of Nondiscrimination. 12.5 At the request of the City, the Friends will furnish to the City Attorney for the City’s review and approval copies of its articles of organization, operating agreement, and other information relating to its organization status. 12.6 The Parties agree that the normal rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be employed in the interpretation of this Agreement, the Exhibits, or any amendment thereto. 12.7 In the event that an action is brought, the Parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 131120 dm 00710304A 12 12.8 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. 12.9 If a court of competent jurisdiction finds or rules that any provision of this Agreement, the Exhibits, or any amendment thereto, is void or unenforceable, the unaffected provisions of this Agreement, the Exhibits, or any amendment thereto, will remain in full force and effect. 12.10 The term “day” means a calendar day, unless a “business day” is specified; for the purposes of this Agreement, “business day” excludes any “Regular Holiday” or “Other Special Day” referred to in PAMC Section 2.08.100 or any Friday that is considered a ‘9/80’ day, when the City does not require employees, electing to work nine (9) business days in a ten‐ business days biweekly period, to work on such days. IN WITNESS WHEREOF, the Parties by their duly authorized representatives have executed this Agreement on the Effective Date. APPROVED AS TO FORM: CITY OF PALO ALTO ___________ __________ _________________________ Senior Asst. City Attorney City Manager APPROVED: FRIENDS OF THE PALO ALTO JUNIOR MUSEUM AND ZOO __________________________ ______________________________ Director of Administrative Services Member ______________________________ ______________________________ Director of Community Services Member ______________________________ Member 131120 dm 00710304A 13 EXHIBIT “A” INSURANCE REQUIREMENTS 131120 dm 00710304A 14 EXHIBIT “B” CERTIFICATION OF NONDISCRIMINATION City of Palo Alto (ID # 6027) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Contract with TransPac Title: Approval of a Contract with TransPac Systems, LLC in the Amount of $106,590, Contract C16160857 for Consulting and Implementation Services for the City's Police Department's Information Technology Systems From: City Manager Lead Department: IT Department Recommended Motion Staff recommends that Council consider the following motion: Approve the contract with TransPac Systems, LLC Contract C16160857 for one year of consulting and implementation services related to the City’s separation of the Police Department’s network from the core City network. Recommendation Staff recommends that Council approve and authorize the City Manager or designee to execute the attached contract with TransPac Systems, LLC in the amount of $96,900, and approve a 10% contingency ($9,690) in the event that unforeseen work needs to be performed in order to successfully complete the project, bringing the total compensation to $106,590 for a one year term (November 1, 2015 – October 31, 2016). Background Currently, the City of Palo Alto’s Network is not in compliance with Department of Justice (DOJ) and the Criminal Justice Information System (CJIS) requirements of having a separate and secure network that may only be accessed by authorized personnel. The legacy network architecture did not separate the Police Network from the core City Network. As part of the overall network upgrade, it was determined that the City needed to create a new network for the Police Department to ensure that access to confidential DOJ and CJIS information is restricted to authorized persons and that privacy and security considerations are enforced. TransPac was initially engaged to evaluate the City’s current network setup, make recommendations on how the new Police Department network should be set up and configured, and assist in the City of Palo Alto Page 2 establishment of this new network. TransPac has been a consultant for Police Department information technology systems since 2013, and has a comprehensive understanding of the City’s network based on working extensively with IT and Police staff on network and IP addressing issues during the Tri-Cities CAD project. The contract number for the Tri-City CAD effort was S14152644 for a total contract amount of $44,400.00. IT and the Police Department are currently engaged in the final phase of the City’s Network Upgrade project: the segmentation of the Police Network from the City Network. As a result of TransPac’s prior work with the City on Public Safety technology projects and the need to comply with to comply with the DOJ and CJIS requirements, staff has determined that this contract is exempt from competitive solicitation requirements under Palo Alto Muni Code: 2.30.360(b). Discussion TransPac has developed a detailed step-by-step plan to migrate the Police Department’s network infrastructure to a separate network segmented from the City’s network and protected by its own firewall. The following categories encompass the services that TransPac will provide to the City for the network project: 1. Consulting Services – From 11/01/2015 – 10/31/2016 2. Network Mapping – From 11/01/2015 – 01/31/2016 3. Hardware IP Addressing – 02/01/2016 – 07/01/2016 4. DOJ and CJIS Coordination – 07/01/2016 – 10/31/2016 The complete TransPac work plan is included as attachment A. Resource Impact Funding for this contract amendment was budgeted in the Telephone Replacement Capital Improvement Project (TE-00010) as part of the Fiscal Year 2016 Adopted Capital Budget. At this time, no additional funding is required to be appropriated to complete the network separation project. Environmental Review Approval of this agreement does not constitute a project under the California Environmental Quality Act (CEQA); therefore, no environmental assessment is required. Attachments: Attachment A - Signed C16160857 Transpac Systems LLC (PDF) CITY OF PALO ALTO CONTRACT NO. C16160857 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND TRANSPAC SYSTEMS, LLC FOR PROFESSIONAL SERVICES This Agreement No. C16160857 is entered into on this 19 day of October, 2015, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TRANSPAC SYSTEMS, LLC, a Nevada limited liability corporation, located at P.O. Box 371533, Las Vegas, Nevada, 89137 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to complete the upgrade of the network in the Police Department (“Project”) and desires to engage a consultant for implementation services to complete the upgrade to 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 October 31, 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 CONSULTANT. Professional Services Rev. March 31, 2015 1 DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 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 Ninety-six Thousand Nine Hundred Dollars ($96,900.00). In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed One Hundred Six Thousand Five Hundred Ninety Dollars ($106,590.00). 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 2 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 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 Craig Humphreys as the project manager to have supervisory responsibility for the performance, progress, and execution of the Services to represent CONSULTANT during the day-to-day work on the 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 Professional Services Rev. March 31, 2015 3 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 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 K.B. Paige, Information Technology Department, IT Project Services Division, 250 Hamilton Avenue, 2nd Floor, Palo Alto, CA 94301, Telephone: (650) 329-2284. 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. Professional Services Rev. March 31, 2015 4 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 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 Professional Services Rev. March 31, 2015 5 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 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. Professional Services Rev. March 31, 2015 6 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State 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 Professional Services Rev. March 31, 2015 7 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 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 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 Professional Services Rev. March 31, 2015 8 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 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. 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 APPROVED AS TO FORM: __________________________ City Attorney or Designee CONSULTANT: TRANSPAC SYSTEM, LLC By:___________________________ Name: Craig Humphreys Title: Principal Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: HOURLY RATE SCHEDULE EXHIBIT “D”: INSURANCE REQUIREMENTS Professional Services Rev. March 31, 2015 9 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 EXHIBIT “A” SCOPE OF SERVICES ID Task Scope Phase I – Design / Preparation Purpose of this phase is to … 1 DHCP analysis, switch analysis, configure DHCP test servers, relay settings, etc. Prepare for DHCP testing, set up new services, configure, analyze network for relay, including new (temporarily bridging) firewall, implement, test 2 Ongoing IP Address Analysis spreadsheet updates and analysis work for DHCP, print queues, VLAN assignments, statics mapping, etc. Note pure static IP's, update leases, prepare for test client restarts, server and client restart plan and execution, sniffer session to find hard coded IP applications, IP Address Analysis spreadsheet updates 3 Firewall configuration, test, installation preparation, install, support, configuration analysis To place (new) Barracuda NG firewall between City and PD, initially in bridging/monitoring mode, note applications, develop configuration for firewall mode, write plan cutover to firewall mode. 4 Support for creation of new PD VM's for PD AD, PD DNS, and PD DHCP and PD Print Queue servers Switch, routing, network support as required (increased from original estimate to replace Ewing's support) 5 Static IP routing analysis; adjust configurations as required Analyze existing static routes; preparation for Firewall, switch, PD server installation 6 Prepare Barracuda CAD segment Design, plan, and test VPN between MV and PA using Barracuda. Coordinate segment with MV. Develop LAN to LAN VPN configuration. Review with CoMV staff. Connect and verify in a Test-VPN- Setup. Run data streams and verify performance. Review/publish results. Cutover plan from SonicWall to Barracuda. Present plan to Palo Alto project team Phase II – Migration Implementation Purpose of this phase is to … 7 PD Core Servers Re-IP Identify PD segment requiring core server IP address changes. Select new IP range. Verify routing tables from prior analysis. Set DNS TTL to minimum values. Make routing table support changes and test. IP cutover plan. DNS and hard-coded IP analysis review. Cutover date. Move servers. Verify services. (PAPD staff, TPS to design, document, and provide exception handling time) Professional Services Rev. March 31, 2015 10 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 8 PD Printers Verify DHCP scope and PD printer IP address lease list, change printer's interface on HP switches to new PD workstation VLAN, change print server settings (globally, or individually), verify routing/setup for SLET printers. (PAPD staff, TPS to design, document, and provide exception handling time) 9 PD Workstations Change PD workstations' interface on HP switches (or reroute switch uplink and reconfigure VLANs), restart PD workstations except DOJ, CJIC, CLETS access workstations and verify. One by one handle DOJ, CLETS, CJIC workstation changes. (PAPD staff, TPS to design, document, and provide exception handling time) 10 PD WiFi Services Support AD/RADIUS membership and configuration for WiFi move. Original plan has PAPD staff doing the PD WiFi VLAN 228 configuration and verify City and PD staff WiFi services. (PAPD staff, TPS to design, document, and provide exception handling time) 11 PD phones Support PAPD staff moving phones to new VLANs. Verify firewall rules to allow phone system management, call setup, call streaming. Do verification tests. (PAPD staff, TPS to design, document, and provide exception handling time) 12 Migrate Sonicwall CAD segment to Barracuda Execute the migration plan developed in the prior Analysis task #6. TPS to perform task, but PAPD staff to coordinate cutover preparation with CoLA and CoMV PD. 13 Set up PD VPN in Barracuda Determine new Barracuda VPN protocol (TINA?), develop plan for distributing VPN clients, analyze non-Windows support method, Configure City Barracuda firewall to pass through PD VPN protocol traffic to PD Barracuda, run initial VPN tests, review and tune. PAPD engineer to perform County VPN connection adjustments. (descoped this task as PAPD has significant Barracuda client-based VPN setup experience) END OF SCOPE Professional Services Rev. March 31, 2015 11 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone/task within the time specified below. The time to complete each milestone/task may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. ID Milestone/Task Start Date from Notice to Proceed End Date from Notice to Proceed Phase I – Design / Preparation 1 DHCP analysis, switch analysis, configure DHCP test servers, relay settings, etc. 11/1/2015 11/30/2015 2 Ongoing IP Address Analysis spreadsheet updates and analysis work for DHCP, print queues, VLAN assignments, statics mapping, etc. 11/1/2015 12/1/2015 3 Firewall configuration, test, installation preparation, install, support, configuration analysis 12/1/2015 12/15/2015 4 Support for creation of new PD VM's for PD AD, PD DNS, and PD DHCP and PD Print Queue servers 12/16/2015 12/31/2015 5 Static IP routing analysis; adjust configurations as required 1/4/2016 1/15/2016 6 Prepare Barracuda CAD segment 1/16/2016 2/16/2016 Phase II – Migration Implementation 7 PD Core Servers Re-IP 2/16/2016 3/1/2016 8 PD Printers 3/2/2016 3/25/2016 9 PD Workstations 3/26/2016 4/15/2016 10 PD WiFi Services 4/16/2016 4/30/2016 11 PD phones 5/1/2016 5/15/2016 12 Migrate Sonicwall CAD segment to Barracuda 5/16/2016 6/9/2016 13 Set up PD VPN in Barracuda 6/13/2016 6/15/2016 Professional Services Rev. March 31, 2015 12 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit “C- 1”. 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 Ninety-six Thousand Nine Hundred Dollars ($96,900.00). In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed One Hundred Six Thousand Five Hundred Ninety Dollars ($106,590.00). Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit “A”. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below, provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $96,900.00 and the total compensation for Additional Services does not exceed $9,690.00. ID Task – Additional Services Task estimated Hours Cost Phase I – Design / Preparation 1 DHCP analysis, switch analysis, configure DHCP test servers, relay settings, etc. 120 $18,000 2 Ongoing IP Address Analysis spreadsheet updates and analysis work for DHCP, print queues, VLAN assignments, statics mapping, etc. 128 $19,200 3 Firewall configuration, test, installation preparation, install, support, configuration analysis 104 $15,600 4 Support for creation of new PD VM's for PD AD, PD DNS, and PD DHCP and PD Print Queue servers 32 $4,800 5 Static IP routing analysis; adjust configurations as required 24 $3,600 6 Prepare Barracuda CAD segment 120 $18,000 Phase subtotal 528 $57,600 Professional Services Rev. March 31, 2015 13 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 Phase II – Migration Implementation 7 PD Core Servers Re-IP 38 $5,700 8 PD Printers 48 $7,200 9 PD Workstations 88 $13,200 10 PD WiFi Services 40 $6,000 11 PD phones 24 $3,600 12 Migrate Sonicwall CAD segment to Barracuda 16 $2,400 13 Set up PD VPN in Barracuda 8 $1,200 Phase subtotal 262 $39,300 Project CTC total (TPS services) $96,900 Total Basic Services and Reimbursable expenses $96,900.00 Additional Services (Not to Exceed) $9,690.00 Maximum Total Compensation $106,590.00 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 expenses, 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 14 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 EXHIBIT “C-1” HOURLY RATE SCHEDULE Resource List Position Hourly Rate Network Engineer $150 Project Manager $150 Professional Services Rev. March 31, 2015 15 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 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 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. Professional Services Rev. March 31, 2015 16 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS 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 EMAIL: InsuranceCerts@CityofPaloAlto.org Professional Services Rev. March 31, 2015 17 E:\TEMP WORK - PURCHASING\WORKING FOLDER\ITS - JOSE\Contracts Approved with a SSR\C16160857 Transpac Systems LLC\C16160857 Transpac Systems LLC.docx DocuSign Envelope ID: B72DEDC1-D67D-4278-88BE-0DE1F9685444 City of Palo Alto (ID # 6150) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Approval of Annual Williamson Act Contracts Title: Approval of Annual Williamson Act Contracts Within the City of Palo Alto From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that City Council review the Williamson Act Properties Report for Calendar Year 2015 (Attachment A), and take no action. Executive Summary The California Land Conservation Act of 1965, commonly known as the Williamson Act, is a State program to discourage agricultural lands from being converted to urban uses. The City of Palo Alto currently has eighteen properties in contract pursuant to this Act that will automatically roll forward for a ten year term on January 1, 2016 if the City takes no action. The City also has 5 contracts that were non-renewed in past years, and these contracts will terminate in 2017 and 2024. Background The California Land Conservation Act of 1965, commonly known as the Williamson Act, is a State program to discourage agricultural lands from being converted to urban uses. The program provides property tax relief to owners of agricultural land who agree to limit the use of their property to agricultural or other approved compatible uses. On July 24, 1974, the City of Palo Alto adopted Ordinance No. 2663 to establish rules for both establishing and administering Williamson Act contracts for Palo Alto properties. Highlights of the rules regarding administration of established contracts include: Contracts limit the allowable uses of the property to what is described in the contract. Contracts remain in place when a property is sold and new owners are subject to the same use restrictions. Contracts are for 10-year terms and have a renewal date of January 1. City of Palo Alto Page 2 Each year—at least 80 days prior to that renewal date—the Council reviews the contracts and, at that time, may initiate a notice of nonrenewal for any contract or approve a notice of nonrenewal submitted by a landowner. If the Council takes such action, then that contract does not renew on January 1 and terminates nine years later. Under certain conditions, the Council may also approve a landowner’s request to cancel a contract. Contracts, for which the Council has not approved a notice of nonrenewal or a cancellation, automatically renew for another 10-year term each January 1. Discussion Under the California Land Conservation Act Program (Williamson Act) private landowners voluntarily restrict their land to agricultural and compatible open-space uses under minimum 10-year rolling term contracts administered by City of Palo Alto. In return, restricted parcels are assessed for property tax purposes at a rate consistent with their actual use, rather than potential market value. The following is the status of the parcels under Williamson Act. Properties under Contract Renewal: Currently there are eighteen properties under contract with the City of Palo Alto. Approximately 285 acres of land is under Williamson Act contract in Palo Alto as compared to 306,551 acres in unincorporated Santa Clara County. The eighteen contracts will renew for another 10-year term from January 1, 2016 if the City takes no action. At present one of the eighteen contracts (Palo Alto Hills Golf and Country Club) identified on the attached report and map is not eligible for tax benefits. Although a golf course is a permitted use, only golf courses that are open to the public and charge minimal green fees are eligible for tax benefits. Properties under Contract Nonrenewal: Four parcels under four contracts owned by MidPeninsula Regional Open Space District are going through the process of non-renewal. Notice of Nonrenewal for these parcels was accepted by the City Council in October of 2008. The expected contract termination date for all the four parcels is 12/31/2017. One notice of nonrenewal Assessor’s Parcel Number 351-12-006, was filed by MidPeninsula Regional Open Space District with the City in 2014 and the City Council approved the nonrenewal in October 6, 2014 (CMR: #5054). The nine year nonrenewal cycle took effect starting January 1, 2015. The City has determined the effective termination date to be 1/1/2024. The Williamson Act Properties Report, included as Attachment A, lists parcels that are subject to renewal, and filed notice of nonrenewal. The report contains information on individual Williamson Act property parcel with their 2015 assessed land value. Attachment B shows the location of individual parcels under Williamson Act contract. City of Palo Alto Page 3 The California Department of Conservation’s Williamson Act Program requires participating cities and counties to fill out and submit applications for an Open Space Subvention Act payment per Government Code section 16144, which states: "On or before October 31 each year, the governing body of each county, city, or city and county shall report to the Secretary of the Resources Agency the number of acres of land under its regulatory jurisdiction which qualify for state payments pursuant to the various categories enumerated in Section 16142, together with supporting documentation as the secretary by regulation may require.” In theory, the California Open Space Subvention Act (OSSA) entitles the City to partial replacement of local property tax revenue foregone by participating in the Williamson Act Program. However since 2009, the State effectively eliminated all funding allocated to Open Space Subvention payments. Hence since 2009 none of the participating jurisdictions have received any payment. Staff requests City Council to take no action, allowing contracts with the attached list of eighteen property owners to roll forward under the Williamson Act, so that this list can be filed in the City Clerk’s Office and the information can be forwarded to the State Department of Conservation, Division of Land Resource Protection by October 31, 2015. Resource Impacts Minimal resource impacts would result from the recommended action. Foregone property tax revenue is generally not significant from these properties. Policy Implications The recommended action implements Ordinance 2663 regarding the administration of the Williamson Act for Palo Alto properties. The Williamson Act in general complies with the land use policies of the Comprehensive Plan and specifically supports Goal L-1 regarding growth management as well as Policy L-1 regarding the extent of urban development. Environmental Review The recommendation, which would extend eighteen contracts under Williamson Act, is exempt from review under the California Environmental Quality Act per Categorical Exclusion 15317 (Class 17, Open Space Contracts or Easements). Attachments: Attachment A: Williamson Act Property Report 2015 (PDF) Attachment B: Williamson Act Parcels in Palo Alto 2015 (PDF) Attachment C: 2012 Land Conservation Act Status Report (PDF) Williamson Act Properties Report for Calendar Year 2015 On the following pages is a list of the 23 Palo Alto properties that were enrolled in the Williamson Act during the calendar year of 2015. About the Williamson Act About this List/Report The California Land Conservation Act of 1965, commonly known as the Williamson Act is a state program to discourage agricultural lands from being converted to urban uses. The program provides property tax relief to owners of agricultural land who agree to limit the use of their property to agricultural or other approved compatible uses. On July 24, 1974, the City of Palo Alto adopted Ordinance No. 2663 to establish rules for both establishing and administering Williamson Act contracts for Palo Alto properties. Highlights of the rules regarding administration of established contracts include: Contracts limit the allowable uses of the property to what is described in the contract. Contracts remain in place when a property is sold and new owners are subject to the same use restrictions. Contracts are for 10-year terms and have a renewal date of January 1. Each year—at least 80 days prior to that renewal date—the Council reviews the contracts and, at that time, may initiate a notice on nonrenewal for any contract or approve a notice of nonrenewal submitted by a landowner. If the Council takes such action then that contract does not renew on January 1 and terminates 9 years later. Under certain conditions, the Council may also approve a landowner's request to cancel a contract. Contracts, for which the Council has not approved a notice of nonrenewal or a cancellation, automatically renew for another 10-year term each January1. 18 contracts will renew on January 1, 2016 if the Council approves this report. 5 contracts will not renew because Notices of Nonrenewal have been approved. See individual records for termination dates. Note: One of the 18 contracts does not include tax benefits. Although the Palo Alto Hills Golf Course is under contract the use is not eligible for tax benefits--see notes for this parcel. 9/21/2015 Page 1 of 7S:\PLAN\PLADIV\Advance Planning\Williamson Act\2015 ATTACHMENT A Will Renew on January 1, 2016 Palo Alto Hills Golf and Country Club at 3000 Alexis Drive Although this property is under contract, there are no tax benefits.A golf course may only be eligible for tax benefits if it is open to the public and charges minimal green fees. Prime Owner: 1 Assessed Value Land Class: 5/1/1973Contract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Palo Alto Hills Golf and Country Club, Inc., 3000 Alexis Drive, Palo Alto, CA 94304 Acreage: General Notes: 119.92 182-35-035APN: 2013:$1,371,241.00 Value Notes: 4279Resolution No: 2014:$1,377,466.0 2015 $1,404,987.0 No address; adjacent to Country Club at 3000 Alexis Drive Prime Owner: 2 Assessed Value Land Class: 5/1/1973Contract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Palo Alto Hills Golf and Country Club, Inc., 3000 Alexis Drive, Palo Alto, CA 94304 Acreage: General Notes: 5.52 182-35-008APN: 2013:$49,756.00 Value Notes: 4279Resolution No: 2014:$49,981.00 2015 $50,979.00 Open Space land adjacent to the Arastradero Preserve Prime Owner: 3 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: City of Palo Alto, 1305 MIDDLEFIELD RD, Palo Alto, CA 94301 Acreage: General Notes: 11.42 182-33-014APN: 2013:$0.00 Value not assessed because owned by public/quasi public agencyValue Notes: UnknownResolution No: 2014:$0.00 2015 $0.00 9/21/2015 Page 2 of 7S:\PLAN\PLADIV\Advance Planning\Williamson Act\2015 El Camino Park (east of Palo Alto Ave to University Ave) Prime Owner: 4 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Leland Stanford Jr., Univ. Board of Trustees, P.O.Box 10250, Palo Alto, CA 94303 Acreage: General Notes: 10.00 120-31-009APN: 2013:$133,565.00 The City of Palo Alto leases this land for public use; however, it is privately owned.Value Notes: UnknownResolution No: 2014:$139,636.00 2015 $146,285.00 El Camino Park (west of Palo Alto Ave to the creek) Prime Owner: 5 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Leland Stanford Jr., Univ. Board of Trustees, P.O.Box 10250, Palo Alto, CA 94303 Acreage: General Notes: 0.72 12031001APN: 2013:$9,599.00 The City of Palo Alto leases this land for public use; however, it is privately owned.Value Notes: UnknownResolution No: 2014:$10,036.00 2015 $10,514.00 No address; on Page Mill Road; below Foothill Open Space Preserve Non Prime Owner: 6 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Richard D. Guhse Trustee, 95 Spring Grove Rd, Hollister, CA 95023 Acreage: General Notes: 20.01 351-05-043APN: 2013:$1,043.00 Value Notes: UnknownResolution No: 2014:$1,090.00 2015 $1,142.00 3837 Page Mill Rd, Palo Alto, 94304 Non Prime Owner: 7 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: David P. and Cynthia Lautzenheiser Trustee, 3837 Page Mill Road, Palo Alto, CA 94022 Acreage: General Notes: 10.00 minus 1 acre for Homesite = 9.00 351-05-042APN: 2013:$381,446.00 Value Notes: UnknownResolution No: 2014:$383,196.00 2015 $390,866.00 9/21/2015 Page 3 of 7S:\PLAN\PLADIV\Advance Planning\Williamson Act\2015 3845 Page Mill Rd, Palo Alto, 94304 Non Prime Owner: 8 Assessed Value Land Class: 2/16/1976Contract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Judith A. Block Trustee, 4201 Beach Dr SW, Seattle, WA 98116-3544 Acreage: General Notes: 8.72 minus 1 acre for Homesite = 7.72 351-05-024APN: 2013:$50,158.00 Value Notes: UnknownResolution No: 2014:$50,401.00 2015 $51,419.00 3849 Page Mill Rd, Palo Alto, 94306 Non Prime Owner: 9 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Jeffrey A. and Mary L. Thomas, 3849 Page Mill Road, Los Altos Hills, CA 94022 Acreage: General Notes: 10.00 351-05-050APN: 2013:$1,326,000.00 Value Notes: UnknownResolution No: 2014:$1,446,137.0 2015 $1,475,030.0 3855 Page Mill Rd, Palo Alto, 94306 Non Prime Owner: 10 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Patrick K. Suppes, PO Box 60970, Palo Alto, CA 94306 Acreage: General Notes: 10.00 351-05-049APN: 2013:$497,870.00 Value Notes: UnknownResolution No: 2014:$500,130.00 2015 $510,122.00 3865 Page Mill Rd, Palo Alto, 94304 Non Prime Owner: 11 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Grace Carland Trustee, 3865 Page Mill Road, Los Altos Hills, CA 94022 Acreage: General Notes: 10.00 minus 1 acre for Homesite = 9.00 351-05-048APN: 2013:$34,465.00 Value Notes: UnknownResolution No: 2014:$34,639.00 2015 $35,345.00 9/21/2015 Page 4 of 7S:\PLAN\PLADIV\Advance Planning\Williamson Act\2015 3875 Page Mill Rd, Palo Alto, 94304 Non Prime Owner: 12 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Richard D. Kniss Trustee & Et Al, 1985 Cowper Street, Palo Alto, CA 94301 Acreage: General Notes: 10.00 351-05-047APN: 2013:$521.00 Value Notes: UnknownResolution No: 2014:$545.00 2015 $571.00 3885 Page Mill Rd, Palo Alto, 94304 Non Prime Owner: 13 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: William W. and Sharon T. Luciw Trustee, 3885 Page Mill Road, Los Altos, CA 94022 Acreage: General Notes: 8.45 minus 1 acre for Homesite = 7.45 351-05-046APN: 2013:$918,000.00 Value Notes: UnknownResolution No: 2014:$1,003,445.0 2015 $1,023,504.0 3895 Page Mill Rd, Palo Alto, 94304 Non Prime Owner: 14 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Wilkinson Marc and Lesley, 3895 Page Mill Road, Palo Alto, CA 94304 Acreage: General Notes: 10.00 minus 1 acre for Homesite = 9.00 351-05-045APN: 2013:$1,000,000.00 Value Notes: UnknownResolution No: 2014:$1,004,540.0 2015 $1,024,590.0 3905 Page Mill Rd, Palo Alto, 94304 Non Prime Owner: 15 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Michael R. Lowry, 3905 Page Mill Road, Palo Alto, CA 94022 Acreage: General Notes: 6.43 minus 1 acre for Homesite = 5.43 351-05-044APN: 2013:$174,796.00 Value Notes: UnknownResolution No: 2014:$175,589.00 2015 $179,097.00 9/21/2015 Page 5 of 7S:\PLAN\PLADIV\Advance Planning\Williamson Act\2015 4201 Page Mill Rd, Palo Alto, 94304 Non Prime Owner: 16 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Bruce A Leak, 4201 Page Mill Road, Los Altos Hills, CA 94022 Acreage: General Notes: 11.31 minus 1 acre for Homesite = 10.31 351-25-015APN: 2013:$1,529,799.00 Value Notes: UnknownResolution No: 2014:$1,536,828.0 2015 $1,567,594.0 22601 Skyline Blvd, Palo Alto, 94306 Non Prime Owner: 17 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Roger Noah, 4125 Woodside Rd, Woodside, CA 94062 Acreage: General Notes: 10.39 351-12-062APN: 2013:$575.00 Value Notes: UnknownResolution No: 2014:$602.00 2015 $630.00 No address; adjacent to 22601 Skyline Blvd Non Prime Owner: 18 Assessed Value Land Class: UnknownContract Start: Unchanged; contract will continue for at least another 10 years.Contract Status: Schulte Robert E Truste & ET AL, 1019 Middle Ave, Menlo Park, CA 94025 Acreage: General Notes: 12.35 minus 1 acre for Homesite = 11.35 351-12-063APN: 2013:$500,000.00 Value Notes: UnknownResolution No: 2014:$462,088.00 2015 $471,320.00 Will Not Renew on January 1, 2016 because a Notice of Nonrenewal has been approved Open Space within Foothill Open Space Preserve Non Prime Owner: 1 Assessed Value Land Class: 2/27/1979Contract Start: Notice of Nonrenewal approved on 10/6/2008; contract will terminate on 12/31/2017Contract Status: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 Acreage: General Notes: 27.34 351-04-031APN: 2013: Value not assessed because owned by public/quasi public agencyValue Notes: 5657 and 5658Resolution No: 2014: 2015 9/21/2015 Page 6 of 7S:\PLAN\PLADIV\Advance Planning\Williamson Act\2015 Open Space within the Montebello Open Space Preserve Non Prime Owner: 2 Assessed Value Land Class: 2/28/1973Contract Start: Notice of Nonrenewal approved on 10/6/2008; contract will terminate on 12/31/2017Contract Status: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 Acreage: General Notes: 8.74 351-12-043APN: 2013: Value not assessed because owned by public/quasi public agencyValue Notes: 4706Resolution No: 2014: 2015 Open Space within the Montebello Open Space Preserve Non Prime Owner: 3 Assessed Value Land Class: 2/26/1975Contract Start: Notice of Nonrenewal approved on 10/6/2008; contract will terminate on 12/31/2017Contract Status: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 Acreage: General Notes: 10.72 351-25-014APN: 2013: Value not assessed because owned by public/quasi public agencyValue Notes: 5067Resolution No: 2014: 2015 Open Space within the Montebello Open Space Preserve Non Prime Owner: 4 Assessed Value Land Class: 2/28/1973Contract Start: Notice of Nonrenewal approved on 10/6/2008; contract will terminate on 12/31/2017Contract Status: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 Acreage: General Notes: 24.00 minus 1 acre for Homesite = 23.00 351-06-017APN: 2013: Value not assessed because owned by public/quasi public agencyValue Notes: 4708Resolution No: 2014: 2015 5061, 5065, 22601 Skyline Blvd Non Prime Owner: 5 Assessed Value Land Class: 3/6/1973Contract Start: Notice of Nonrenewal approved on 10/6/2014; contract will terminate on 1/1/2024Contract Status: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 Acreage: General Notes: 139.59 minus 1 acre for Homesite = 138.59 351-12-006APN: 2013:$36,813.00 Value Notes: 4707Resolution No: 2014:$37,346.00 2015 9/21/2015 Page 7 of 7S:\PLAN\PLADIV\Advance Planning\Williamson Act\2015 Arastradero Lake Felt Lake Boronda Lake HeritagePark FoothillsPark Los TrancosOpen SpacePreserve Monte Bello OpenSpace Preserve Upper StevensCreek CanyonCounty Park Skyline Ridge OpenSpace Preserve Long Ridge OpenSpace Preserve Russian RidgeOpen SpacePreserve Coal CreekOpen SpacePreserve JasperRidgeBiologicalPreserve Rancho San AntonioOpen Space Preserve Palo AltoBaylandsNaturePreserve Shoreline Park Mtn.View Munic.Golf Course FoothillOpen SpacePreserve ArastraderoPreserve CameronPark WeisshaarPark MayflieldPark PeersPark ElPaloAltoPark LyttonPlaza CogswellPlaza ScottPark KelloggPark BolPark RinconadaPark BowdenPark JohnsonPark PardeePark BoulwarePark TermanPark RoblesPark MonroePark MitchellPark D Jesus RamosPark HooverPark GreerPark ByxbeePark BowlingGreen HenrySealePark SarahWallisPark WerryPark JuanaBrionesPark EstherClarkPark WilliamsPark San Antonio Rd 280 B o ule v ard Alameda de las P ulgas Sa nd H i l l R o a d 2 8 0 Junipe r o Serra Boulevard P a ge Mi l l Road Ar a stra d er o R o a d El Ca m i n o R e a l San Antonio Avenue Ch a r l e s t o n R o a d G 5 M o n t e B e l l o R o a d MoodyRoad A l t a m on t Road Oregon Expr e ss way Middlefi e l d Road Un 1 0 1 A lm a Street A l p i n e R o a d Foothill Expre s s w a y H i g h w a y 2 8 0 Lo s Trancos Road Hillview East Bayshore W est Bayshore Fabian Central Expressw El Camino Real El M onte R oad Sand Hill Road Road MillPage Skyline Embarc a dero Ro a d StanfordUniversity Mountain View Los AltosLos Altos Hills Santa Clara County San Mateo County Portola Valley El CaminoPark This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend 18 Williamson Act Parcels; Contracts automatically renewed for another 10 year term on 01/01/16 5 Parcels for which notices of Non- Renewal have been approved; 4 parcels will terminate on 12/31/17; 1 parcel will terminate on 01/01/2024 0'7000' Williamson Act Parcels inPalo Alto 2015 CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2015 City of Palo Alto RRivera, 2015-09-17 10:24:53 (\\cc-maps\gis$\gis\admin\Personal\Planning.mdb) ATTACHMENT B The California Land Conservation Act 2012 Status Report The Williamson Act October 2013 Edmund G. Brown Jr., Governor John Laird, Secretary, Natural Resources Agency Mark Nechodom, Director, Department of Conservation ATTACHMENT C California Departme nt of Conservation Division of Land Resource Protection (DLRP) Our Mission: The Department of Conservation balances today's needs with tomorrow's challenges and fosters intelligent, sustainable, and efficient use of California's energy, land, and mineral resources. DLRP’s goal is to lead the change in the value proposition for the conservation of agricultural and open space land in California. The California Land Conservation Act The Program: The California Land Conservation Act, known commonly as the Williamson Act, has helped preserve agricultural and open space lands since 1965. Local governments and landowners enter into voluntary contracts that restrict enrolled lands to agricultural uses for periods of 10 to 20 years. The program creates resource planning and economic benefits for the contracting participants, and the citizens of California. For further information, please contact: California Department of Conservation Division of Land Resource Protection Land Conservation Act Program 801 K Street, MS 18-01 Sacramento, CA 95814-3528 (916) 324-0850 FAX (916) 327-3430 TDD (916) 324-2555 email: dlrp@conservation.ca.gov www.conservation.ca.gov/dlrp/lca Cover Graphics Front: Broccoli and hillside grazing located on the Hibbits Ranch, Santa Barbara County. Photo by Ken Murray. Back: Sunset and the rising moon, San Benito County. Photo by Mike Kisko. © 2013, California Department of Conservation All rights reserved. Fair use of this report for a non-commercial, educational, research, or scientific purpose is not a violation of copyright. However, no part of the contents of this report may be reproduced, transmitted, or distributed in any form or by any means, electronic or mechanical, for any purpose without the express written permission of the Department of Conservation, Division of Land Resource Protection. The California Land Conservation Act 2012 Status Report The Williamson Act CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF LAND RESOURCE PROTECTION WILLIAMSON ACT PROGRAM OCTOBER 2013 Acknowledgements Land Conservation Act Program Staff Molly Penberth, Manager Michael Krug, Staff Counsel Heather Anderson Meredith Meraz Jacquelyn Ramsey With the assistance of Kerri Kisko and Alexandra Borack Division of Land Resource Protection John Lowrie, Acting Assistant Director David Thesell, Deputy Chief, Financial Assistance Monica Cea, Administrative Liaison This page left intentionally blank. Land Conservation Act - Glossary of Terms ............................................................i Executive Summary .................................................................................................... 1 1 The California Land Conservation Act ................................................ 3 Land Conservation Act Contracts .............................................................................. 4 Farmland Security Zones .......................................................................................... 5 The Open Space Subvention Act .............................................................................. 5 New Challenges and Opportunities ........................................................................... 5 The Land Conservation Act Status Report and Statistical Notes .............................. 6 2 2010 and 2011 Land Conservation Act Enrollment ............................ 7 Statewide Enrollment ................................................................................................. 8 Net Increases and Decreases in Enrollment ............................................................. 8 New Enrollments ....................................................................................................... 9 Farmland Security Zones – Transfers and Total Acreage ........................................ 9 Nonrenewal Initiations ............................................................................................. 10 Nonrenewal Expirations........................................................................................... 11 Total Acreage in Nonrenewal .................................................................................. 12 Contract Cancellations ............................................................................................ 12 Public Acquisitions ................................................................................................... 13 City Annexations ...................................................................................................... 14 Net Adjustments ...................................................................................................... 14 3 Longer-Term Trends in the Land Conservation Act ......................... 17 A Decade of Land Conservation Act Contract Termination Trends ........................ 17 4 Statewide Land Conservation Act Administration, Support, and Legislation .................................................................................... 21 Reported Eligible Acreage and Subvention Application Totals ............................... 21 Compliance Audits ................................................................................................... 22 Recent Legislation Affecting the Land Conservation Act ........................................ 24 APPENDIX A 2010 and 2011 Reported Statistics by County .............................. 25 APPENDIX B Open Space Subvention Act Inflation-Adjusted Expenditures .... 52 The California Land Conservation Act 2012 Status Report Table of Conten ts FIGURES Figure 1 John Williamson, Author of the California Land Conservation Act ................................................................... 3 Figure 2 Counties Participating in the Land Conservation Act ............ 4 Figure 3 Regions for Land Conservation Act Report Analysis ............ 6 Figure 4 Termination Trend Comparison, 2000-2011 ....................... 17 Figure 5 Statewide Cumulative Nonrenewal Acreage: 2000-2011 ........................................................................... 18 Figure 6 Statewide Cumulative Nonrenewal Acreage: 2000-2011, Prime v. Nonprime ........................................... 18 Figure 7 Nonrenewal Initiations v. Nonrenewal Expirations: 2000-2011 ........................................................................... 18 Figure 8 Public Acquisitions: 2000-2011 ........................................... 19 Figure 9 Net Adjustments to Land Conservation Act Acreage Reported by Counties.......................................................... 19 Figure 10 Cancellations: 2000-2011 ................................................... 20 Figure B-1 Annual Open Space Subvention Act Expenditures 1971-2010 ........................................................................... 54 Figure B-2 Cumulative Open Space Subvention Act Expenditures 1971-2010 ........................................................................... 54 TABLES Table 1 Agricultural Land Conservation Programs Statewide Reported Acreage ................................................................. 2 Table 2 Counties Participating in Land Conservation Act Alternative Funding Option ...................................................................... 5 Table 3 Land Conservation Act Statewide and County Reported Enrollment 2008-2011 ........................................................... 7 Table 4 Counties with the Largest Enrollment Increase (Net) ........... 8 Table 5 Counties with the Largest Enrollment Decrease (Net) .......... 8 Table 6 Counties with the Greatest Amount of New Enrollments ..... 9 Table 7 Regional Ranking by the Amount of New Enrollments ......... 9 Table 8 Farmland Security Zone Acreage and Percentage of Total Enrollment by County in 2011 ................................ 10 Table 9 Counties with the Greatest Amount of Nonrenewal Initiations ............................................................................. 10 Table 10 Regional Ranking by the Amount of Nonrenewal Initiations ............................................................................. 11 Table 11 Counties with the Greatest Amount of Nonrenewal Expirations ........................................................................... 11 Table 12 Regional Ranking by the Amount of Nonrenewal Expirations ........................................................................... 12 Table 13 Counties with the Largest Percentage of Enrollment Under Nonrenewal .............................................................. 12 Table 14 Counties with Cancellations ................................................ 13 Table 15 Counties with the Greatest Amount of Public Acquisitions ......................................................................... 13 Table 16 Regional Ranking by the Amount of Public Acquisitions ......................................................................... 14 Table 17 Counties with Annexations of Contracted Land to Cities ............................................................................... 14 Table 18 Counties with the Greatest Amount of Adjustments (Net) .. 15 Table 19 Regional Ranking by the Amount of Adjustments (Net) ...... 15 Table 20 Cumulative Acres Terminated by Category: 2000-2011 ..... 20 Table 21 Counties with the Largest Subvention Application Amounts .............................................................................. 21 Table 22 2010 Open Space Subvention Claims by Region ............... 22 Table 23 2011 Open Space Subvention Claims by Region ............... 22 Table 24 Recaptured Subvention Payments from Audits ….………...23 Appendix A: Land Conservation Act Data Tables Table A-1 Total Reported Enrollment 2010 .......................................... 26 Table A-2 Total Reported Enrollment 2011 .......................................... 27 Table A-3 Farmland Security Zone Transfers 2010 ............................. 28 Table A-4 Farmland Security Zone Transfers 2011 ............................. 29 Table A-5 Cumulative Nonrenewal Acreage, Land Conservation Act 2010 & 2011 ........................................................................... 30 Table A-6 Cumulative Nonrenewal Acreage, Farmland Security Zone 2010 ................................................................. 31 Table A-7 Cumulative Nonrenewal Acreage, Farmland Security Zone 2010 ................................................................. 32 Table A-8 New Enrollments 2010 ............................................................ 33 Table A-9 New Enrollments 2011 ............................................................ 34 Table A-10 Nonrenewal Initiations ............................................................. 35 Table A-11 Nonrenewal Expirations .......................................................... 36 Table A-12 Nonrenewal Withdrawn Acreage, Land Conservation Act ...................................................................... 37 Table A-13 Cancellations 2010 ................................................................. 38 Table A-14 Cancellations 2011 ................................................................. 39 Table A-15 Public Acquisitions 2010 ......................................................... 40 Table A-16 Public Acquisitions 2011 ......................................................... 41 Table A-17 City Annexations 2010 ........................................................... 42 Table A-18 City Annexations 2011 ........................................................... 43 Table A-19 Net Adjustments 2010 ............................................................ 44 Table A-20 Net Adjustments 2011 ............................................................ 45 Table A-21 Contracted Land Not Receiving Tax Relief Benefits 2010 ........................................................................... 46 Table A-22 Contracted Land Not Receiving Tax Relief Benefits 2011 ........................................................................... 47 Table A-23 Acres Eligible for Open Space Subvention Payment 2010 ........................................................................................... 48 Table A-24 Acres Eligible for Open Space Subvention Payment 2011 ........................................................................................... 49 Table A-25 Open Space Subvention Act Payment Claims 2010......... 50 Table A-26 Open Space Subvention Act Payment Claims 2011......... 51 Appendix B: Open Space Subvention Act Inflation-Adjusted Expenditures Table B-1 Open Space Subvention Act Inflation-Adjusted Expenditures 1971-2010 ................................................................. 53 This page intentionally left blank. Land Conservation Act - Glossary of Terms Term Definition Code Citation or Reference Agricultural Commodity An agricultural commodity includes plant and animal products produced in the state for commercial purposes. Plant products used for producing biofuels are also considered to be agricultural commodities.Government Code § 51201(a) Agricultural Preserve An agricultural preserve is an area established in accordance with the Land Conervation Act by a city or county that is devoted to either agricultural, recreational, or open-space use, or some combination of those uses.Government Code §§ 51201(d) and 51205 Agricultural Use Agricultural use means the use of land, including but not limited to greenhouses, for the purposes of producing an agricultural commodity for commercial purposes.Government Code § 51201(b) Animal Unit An animal unit is a measurement of forage needed to support livestock.http://ag.arizona.edu/arec/pubs/rmg/1%20rangelandm anagement/1%20aum93.pdf. Cancellation Cancellation is an expedited method to terminate a Land Conservation Act or Farmland Security Zone contract. It requires a board of supervisors or city council approval based on rigorous findings, and payment of a cancellation fee of 12.5 percent or 25 percent of assessed property value, depending on the type of contract. Contract cancellation provisions are a means to address situations where ending the contract will either facilitate an alternative land use that is consistent with the purposes of the Act or facilitate a public interest that substantially outweighs the objectives of the Act. Government Code § 51280 et seq. Compatible Use A compatible use is any use determined by a county or city that participates in the Land Conservation Act to be compatible with agricultural, recreational, or open-space uses and satisfy the principles of compatibility in §§51238, 51238.1, 51238.2 or 51238.3. Participating jurisdictions adopt rules that define which uses are allowable, prohibited, and permitted under specific circumstances. Government Code § 51201(e), and §§ 51238, 51238.1, 51238.2, and 51238.3 Development Development means the construction of buildings or other uses of the property that are unrelated to agricultural or open-space uses, or that substantially impair agricultural or open-space uses of the property. Development does not include land uses that are considered compatible with agricultural or open-space uses, or the acquisition of land or an interest in land. Government Code § 51201 (p) Easement Exchange An easement exchange is a process whereby a city or county enters into an agreement with a landowner to rescind a Land Conservation Act contract in order to simultaneously place other land within that city or the county where the contract is rescinded under a permanent agricultural conservation easement. Government Code § 51256 Farmland Security Zone (FSZ) Farmland Security Zones (FSZ) are areas where contracts are of longer duration than regular Land Conservation Act contracts, initially at least 20 year terms. There is a greater tax benefit to enroll in an FSZ contract due to its longer duration. The land must meet specified qualitative thresholds in order to be eligible for FSZ enrollment. Government Code §§51296, 51296.1, and 51296.8 Important Farmland Series Maps Important Farmland Series Maps document soil quality and current land use status and are compiled on a biennial basis by the California Department of Conservation. The maps are used in the planning process to determine the impacts of proposed development projects on farmland resources in California. Land must be designated in specified Important Farmland Map categories to be eligible for enrollment in Farmland Security Zone contracts. Government Code § 65570 Land Capability Classification The Land capability classification is a system of grouping soils primarily on the basis of their capability to produce common cultivated crops and pasture. http://soils.usda.gov/technical/handbook/contents/par t622.html Land Conservation Act Contract A Land Conservation Act contract, also known as a Williamson Act contract, is a contract between a landowner and a city or county wherein land devoted to agricultural use is restricted to agricultural, open-space, and/or recreational uses. Local governments and landowners may voluntarily enter into these contracts whereby the landowner foregoes the possibility of development during the term of the contract, in return for lower property taxes. The local government foregoes a portion of its property taxes in return for the planning advantages and values implicit in retaining land in agriculture or open space. They are self-renewing contracts that last for a period of ten years unless they are not renewed. Government Code § 51200 et seq., and §51240 et seq. Managed Wetland Area A managed wetland area is an area which may be diked off from the ocean or other water body and that is occasionally flooded. For purposes of the Land Conservation Act, the land must be used and maintained as a waterfowl hunting preserve, game refuge, or for agricultural purposes for at least three years prior to being placed within an agricultural preserve. Government Code § 51201 (l) Non-Prime Agricultural Land Non-Prime agricultural land is land enrolled under a California Land Conservation Act contract but not defined as "prime agricultural land" under Government Code Section 51201 (c) or as land that is not classified as "agricultural land" under Public Resources Code Section 21060.1 (a). Non-prime agricultural land is also defined as open space uses of statewide significance under Government Code Section 16143(b), and may be identified as such in other documents. Government Code §51238.1, 16143, and Public Resources Code §21060.1 Non-Renewal Land Conservation Act contracts automatically renew each year unless non-renewal of the contract is requested by either the landowner or the participating city or county. Non-renewal involves a written notice to the other party to the contract in advance of the contract's annual renewal date. Specific timelines apply for providing a notice of non-renewal. Once non-renewal is filed, the existing contract remains in effect for the balance of the period remaining on the contract, and valuation for property tax purposes gradually increase to fair market value. Non-renewal is the preferred and orderly method for terminating a Land Conservation Act contract. Government Code §§ 51245 and 51246 These glossary definitions are generalizations of formal legal terms. They do not represent legal interpretations or how statute should be applied to specific situations. For complete definitions please refer to the code citations or references. i Land Conservation Act - Glossary of Terms Term Definition Code Citation or Reference Open Space Subvention Act The Open Space Subvention Act was enacted in 1972 to provide partial replacement of local property tax revenues foregone as a result of participation in the Land Conservation Act. The subventions to local governments are calculated based of the number of acres, quality (soil type and agricultural productivity), and for Farmland Security Zone (FSZ) contracts the proximity of the FSZ enrolled land to the city. Government Code § 16141 et seq. Open space uses of statewide significance Open space uses of statewide significance is land that (a) could be developed as prime agricultural land, or (b) is open-space land as defined in Section 65560 which constitutes a resource whose preservation is of more than local importance for ecological, economic, educational, or other purposes. The Secretary of the Resources Agency shall be the final judge of whether the land is in fact devoted to open-space use of statewide significance. Government Code §16143 Open space use Open space use is the use or maintenance of land in a manner that preserves its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide habitat for wildlife, or for the solar evaporation of seawater in the course of salt production for commercial purposes. The land must be within a scenic highway corridor, wildlife habitat area, saltpond, managed wetland area, submerged area, or enrolled in the United States Department of Agriculture Conservation Reserve Program or Conservation Reserve Enhancement Program. Government Code § 51201 (0) Prime Agricultural Land Prime agricultural land is land that meets specified soil quality, forage production, or income criteria under Government Code Section 51201. Under the Land Conservation Act, the Prime agricultural land designation impacts what uses are considered compatible, eligible parcel sizes, and other factors, including the amount of open space subventions payable to the participating city or county. Government Code § 51201 (c) Prime Farmland Prime Farmland is land designated on the Important Farmland series maps as having the best combination of physical and chemical features able to sustain long-term agricultural production. The designation is based on soil data from the USDA and current land use status. In California, land must be irrigated or have been used for irrigated agricultural production within a specified historic timeframe to qualify for Prime Farmland. Government Code § 65570 Public Acquisition A public acquisition is the purchase of property by a public agency--such as a county, city, school district, other special district, or state and federal agency--for the purpose of a public improvement. A “public improvement” means any interest in facilities or real property, including easements, rights-of-way, and fee title ownership. Agencies considering the purchase of property that is located in an agricultural preserve, or enrolled in a Land Conservation Act or Farmland Security Zone contract, are required to follow specific site selection and notification processes. Government Code §§ 51290.5 and 51291 Recreational Use As it pertains to the Land Conservation Act, recreational use is the use of land in its agricultural or natural state by the public for any of the following: walking, hiking, picnicking, camping, swimming, boating, fishing, hunting, or other outdoor games or sports. Any fees charged for the recreational use of the land shall be reasonable so as to not limit its access to the general public. Government Code § 51201 (n) Scenic Highway Corridor A scenic highway corridor is an area adjacent to and in view of the right-of-way of state or county scenic highways. The scenic highway must meet specified planning requirements to be eligible for consideration as this type of corridor. Government Code § 51201 (i) Storie Index Storie Index is a classification system to rate soils based on the land's potential productive capacity.http://anrcatalog.ucdavis.edu/pdf/8335.pdf. Submerged Area A submerged area is any land determined by the participating city or county to be submerged or subject to tidal action and found by the jurisdiction's board or council to be of great value to the state as open space.Government Code § 51201 (m) Subvention Funds Subvention Funds are funds paid by the state's General Fund to participating cities and counties as partial replacement of the property tax revenues foregone as a result of participation in the Land Conservation Act. Subvention amounts are calculated based of the number of acres and other criteria, subject to certification by the Department of Conservation. Government Code § 16141 Wildlife Habitat Area A wildlife habitat area is a land or water area designated by a board or council, after consulting with the Department of Fish and Wildlife, as an area of importance for the protection or enhancement of the wildlife resources of the state. Government Code § 51201 (j) These glossary definitions are generalizations of formal legal terms. They do not represent legal interpretations or how statute should be applied to specific situations. For complete definitions please refer to the code citations or references. ii The California Land Conservation Act 2012 Status Report Page 1 Executive Summary Fiscal Challenges Impact Participant Reporting The 2012 Land Conservation Act Status Report represents data submitted to the Department of Conservation (Department) regarding program participation during 2010 and 2011, as part of the annual Open Space Subvention payment application process. As of the 2011 snapshot, approximately 15.0 million acres were reported as being enrolled statewide. This is an 8.5 percent drop from the 16.4 million acres accounted for in the 2010 Status Report. The decrease is in large measure associated with 10 counties not reporting enrollment to the State, as opposed to a decrease in Land Conservation Act participation. Nonreporting by counties is likely due to the decreases to, and eventual loss of, Open Space Subvention payments. 2011 Enrollment Snapshot Of California’s 58 counties, 52 have executed contracts under the Land Conservation Act Program. Private landowners voluntarily restrict their land to agricultural and compatible open-space uses under minimum 10-year rolling term contracts with local governments. In return, restricted parcels are assessed for property tax purposes at a rate consistent with their actual use, rather than potential market value. For more information about the Program, please refer to Chapter 1. For the 2010 and 2011 reporting period, 43 counties and 2 city governments submitted information to the Department. The pattern of nonreporting expanded from 7 to 10 counties between 2010 and 2011, likely reflecting the loss of subvention funds paid to local government from the State General Fund. A map depicting participating counties is located on page 4. Counties reported approximately 15.0 million acres enrolled in Land Conservation Act contracts statewide (Table 1, next page). This represents approximately 50 percent of California’s farmland total of about 30 million acres, or about 31 percent of the State’s privately owned land. The Farmland Security Zone (FSZ) program, based on 20- year contracts, has been adopted by 25 counties, although not all of these counties have executed contracts. Twenty-one counties reported a total of 875,604 acres of land under FSZ contract, which constituted approximately 6 percent of the statewide Land Conservation Act enrollment. Using prior enrollment data to adjust for the lower reporting rate in 2011, it is estimated that 16.3 million acres are currently enrolled in the Land Conservation Act statewide. Local governments claimed a total of $71.71 million in Open Space Subvention Act payments for the partial replacement of property tax revenue losses associated with contract enrollment during 2010 and 2011. However, pursuant to Government Code section 16148, subvention payments were effectively eliminated beginning in Fiscal Year 2010-11. Open Space Subvention payments have totaled more than $863 million between 1971 and 2010. Adjusted for inflation, the State’s investment in subventions to counties totals nearly $1.5 billion. Despite the fiscal challenges, contracts between landowners and local governments continue. Legislation to lessen the impact of subvention payment losses to local governments was passed in 20101, offering a decrease of the term of the rolling contracts to 9 years for regular LCA contracts or 18 years for Farmland Security Zone contracts. To date, 12 counties have opted for this compromise. One county, Imperial, chose to exit the Program, simultaneously nonrenewing contracts covering 117,246 acres in a ten-year wind down. In contrast, 29 counties accepted new contracts during the reporting period. 1 SB 863 (Committee on Budget and Fiscal Review, Chapter 722, Statutes of 2010) and AB 1265 (Nielsen, Chapter 90, Statutes of 2011). California Department of Conservation Page 2 In total, 630,246 acres of contracted land were reported to be at some stage of the nonrenewal process. The cumulative nonrenewal acreage constituted 4.2 percent of statewide Land Conservation Act enrollment. The other major trend affecting enrolled land during this reporting period is the interest in solar power generation, incentivized by the State’s requirement that 33 percent of investor-owned electric utility retail sales be derived from renewable sources by 2020. Legislation signed in 20112 provides an option to rescind Land Conservation Act contracts on land that has been compromised due to chemical, physical, or water-related limitations-- replacing them with Solar-Use Easements. Regulations to implement this legislation are currently under review as required under the California Administrative Procedure Act.3 Land Conservation Act Statewide Enrollment Summary Contracts occur in 52 counties. Enrollment statistics are submitted annually as part of the Open Space Subvention application process. Top participating counties: Kern, Fresno, and Tulare (1.7, 1.5 and 1.1 million acres, respectively). Longer term enrollments: Farmland Security Zones (FSZ). 18 counties participate in the 20-year FSZ contract option. FSZ’s cover more than 875,600 acres or 6 percent of statewide LCA total enrollment. 2 SB 618 (Wolk, Chapter 596, Statutes of 2011) 3 http://www.oal.ca.gov/Regular_Rulemaking_Process.htm Category 2010 2011^ Prime 5,301,075 4,726,715 Non-Prime 10,142,994 9,358,572 Prime 653,928 792,934 Non-Prime 216,276 82,670 Other Restrictions*55,335 55,938 Total 16,369,608 15,016,829 Table 1 Agricultural Land Conservation Programs Land Conservation Act Farmland Security Zones *Other Restrictions include agricultural conservation and open space easements reported by participating jurisdictions. Statewide Reported Acres ^Ten counties, including the two high participation counties of Stanislaus and Mendocino, did not submit data in 2011. Assuming 2010 data for these counties, the statewide total would be 16.3 million acres. See Chapter 2 for more information. The California Land Conservation Act 2012 Status Report Page 3 Chapter 1: The California Land Conservation Act A partnership between landowners, local governments, and the State since 1965 The California Land Conservation Act has been the State’s premier agricultural land protection program since its enactment in 1965. More than 16 million of the State’s 30 million acres of farm and ranch land have participated in the Program, which is authorized under California Government Code beginning with Section 51200. Of California’s 58 counties, 52 have executed Land Conservation Act contracts with landowners.4 Following World War II, California experienced tremendous population and economic growth. This growth, in tandem with the State’s property tax system, led to increased pressures to convert agricultural land to urban use. Rapidly escalating property taxes often presented a prohibitive burden for farmers who wanted to maintain their agricultural operations. In response, the California Legislature passed the Land Conservation Act in 1965 to preserve agricultural and open space lands by discouraging ―premature and unnecessary conversion to urban uses.‖5 The legislation was authored by Assemblyman John Williamson of Yolo County (Figure 1); and the law is commonly referred to as the Williamson Act. The Land Conservation Act was then, and remains today, a policy that protects agricultural land through an interrelated set of property tax, land use, and conservation measures. The Land Conservation Act is a California State statute administered by local governments. Local governments are not mandated to participate, and those that do have some latitude to tailor the program to suit local goals and objectives. A three-way relationship between private landowners, local governments, and the State is central to the success of the Program. Local governments and landowners voluntarily enter into a contract in which each accepts certain costs in return for other benefits. The landowner foregoes the possibility of development, or converting his or her property into nonagricultural or non-open space use during the term of the contract, in return for lower property taxes. The local government foregoes a portion of its property taxes in return for the planning advantages and values implicit in retaining land in agriculture or open space. The State is also a key player in the program. Between fiscal years 1971 and 2009, the State paid an average of $22.7 million per year to offset the differential tax rates ($38.6 million on an inflation adjusted basis). The State continues to support local governments and landowners in the form of technical and implementation assistance, interpretation of the Act, issue and policy research, contract enforcement, and preparation of the Land Conservation Act Status Report.6 4 Alpine County has adopted the program, but has yet to execute a contract. Los Angeles County’s open space enforceable restrictions on Catalina Island include no executed contracts. 5 Government Code Section 51220 (c). 6 The biennial status report is required under Government Code Section 51207. Figure 1 John Williamson, Author of the California Land Conservation Act California Department of Conservation Page 4 Land Conservation Act contracts have an initial term of ten years, with renewal occurring automatically each year (local governments can establish initial contract terms for longer periods of time). The contracts run with the land and are binding on all successors in interest of the landowner. Only land located within an agricultural preserve is eligible to participate. An agricultural preserve defines the boundary of an area within which a city or county will enter into contracts with landowners. The boundary is designated by resolution of the board of supervisors or city council having jurisdiction. Preserves are regulated by rules and restrictions designated in the resolution to ensure that the land within the preserve is maintained for agricultural or open space use. The rules of each agricultural preserve specify the uses allowed. Generally, any commercial agricultural use will be permitted within an agricultural preserve. In addition, local governments may identify compatible uses that are allowed with a use permit. (Landowners interested in enrolling land in a contract should contact their local planning department for application forms and instructions). Land Conservation Act Contracts Government Code § 51200 et seq. and 51240 et seq. The Land Conservation Act consists of two primary enrollment categories—Prime and Non-Prime. Prime Agricultural Land is defined as meeting one or more of the following criteria set forth under California Government Code Section 51201: 1. Land which qualifies for rating as class I or class II in the Natural Resources Conservation Service land capability classification system.7 2. Land which qualifies for rating 80 to 100 in the Storie Index Rating system.8 3. Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit9 per acre as defined by the United States Department of Agriculture. 4. Land planted with fruit or nut-bearing trees, vines, bushes or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200 per acre. 5. Land which has returned from the production of unprocessed agricultural plant production with an annual gross value of not less than $200 per acre for three of the previous five years. 7 Land capability classification is a system of grouping soils primarily on the basis of their capability to produce common cultivated crops and pasture, http://soils.usda.gov/technical/handbook/contents/part622.html. 8 Storie Index is a classification system to rate soils based on the land’s potential productive capacity, http://anrcatalog.ucdavis.edu/pdf/8335.pdf. 9 An animal unit is a measurement of forage needed to support livestock, http://ag.arizona.edu/arec/pubs/rmg/1%20rangelandmanagement/1%20aum93.pdf. Figure 2 Counties Participating in the Land Conservation Act The California Land Conservation Act 2012 Status Report Page 5 Non-Prime Land is enrolled under a California Land Conservation Act contract that does not meet any of the criteria for classification as Prime Agricultural Land. It is considered to be devoted to open space use of statewide significance under the California Open Space Subvention Act (California Government Code Section 16143), and may be identified as such in other documents. Most Non-Prime Land is in agricultural uses such as grazing or non-irrigated crops. However, Non-Prime Land may also include other open space uses that are compatible with agriculture and consistent with local general plans. Farmland Security Zones Government Code §§ 51296 et seq. In 1998, the Farmland Security zone (FSZ) provisions of the Land Conservation Act were added. An FSZ contract offers landowners greater property tax reduction in return for an initial contract term of 20 years, with renewal occurring automatically each year. Land restricted by an FSZ contract is valued for property assessment purposes at 65 percent of its Land Conservation Act valuation, or 65 percent of its Proposition 13 valuation, whichever is lower. As enacted in 1998, the FSZ provisions allowed for the creation of a FSZ contract only through the rescission of an existing Land Conservation Act contract. That requirement was changed on January 1, 2000, thus allowing non-contracted land to go directly into an FSZ contract. Cities and special districts that provide non-agricultural services are generally prohibited from annexing land enrolled under an FSZ contract. Similarly, school districts are prohibited from taking FSZ lands for school facilities. The Open Space Subvention Act Government Code § 16141 et seq. The Open Space Subvention Act was enacted in 1971 to provide partial replacement of local property tax revenues foregone as a result of participation in the Program. The first Open Space Subvention payments were made in Fiscal Year (FY) 1972. From inception until FY 2010, over $863 million was distributed by the State to counties and cities in support of the Program, averaging $55 per acre over the lifetime of the subventions, or $1.42 per acre per year. Adjusted for inflation, the value of the State’s investment in subventions to participating jurisdictions totals $1.5 billion (Appendix B). In recent years, revenue constraints have limited the ability of the State to provide subventions to local governments to backfill for the foregone property tax revenue associated with contracted land. New Challenges and Opportunities The recent economic recession has had severe impacts on both State and local government budgets. As the State’s General Fund suffered, the State’s ability to provide subventions to local governments was threatened during multiple fiscal years. Payments were reduced, and pursuant to Government Code section 16148, subvention payments were effectively eliminated beginning in FY 2010. Local governments’ goal of supporting agricultural and open space land conservation without subventions was discussed widely during this transition; the loss of tax revenue caused some jurisdictions to consider whether to continue offering the Program in the future. Enrollments were frozen in a number of counties. In 2011, Imperial County decided that all Land Conservation Act contracts would be placed in nonrenewal status. Compromise legislation that allows local governments to re-capture a portion of the foregone property tax revenue by decreasing the duration of Land Conservation Act and FSZ contracts by one- and two-years, respectively, was passed in conjunction with the FY 2010 budget. This alternative funding option is available until January 1, 2016. Counties currently participating in this alterative are listed in Table 2. Butte Merced Fresno Shasta Kings Stanislaus Lassen Sutter Madera Tulare Mendocino Yolo Counties Participating in Land Conservation Act Alternative Funding Option* *As of November 2012 Table 2 California Department of Conservation Page 6 The other trend affecting contracted land this reporting period is the interest in solar power generation. Investor- owned electric utilities in California are required to have 33 percent of their retail sales derived from renewable sources by 2020.10 This Renewable Portfolio Standard can be met with a number of energy technologies; agricultural land is of interest to photovoltaic solar developers due to its level terrain, existing land disturbance, decreased likelihood of hosting species of concern, and proximity to transmission lines or substations. The goals of maintaining a vibrant agricultural economy and resource base while meeting the State’s Renewable Portfolio Standard are of concern to many participating jurisdictions and decision makers. Many stakeholders see the opportunity to locate solar facilities on land that has been compromised due to chemical, physical, or water- related limitations. As a result, legislation was passed in 2011 that would allow for such properties to have their Land Conservation Act contracts rescinded, to be replaced by Solar-Use Easements. The Department will use data provided by applicants to determine whether the land meets the criteria as established in Government Code Section 51191. Regulations to implement this legislation are in development as of the date of this report. The Land Conservation Act Status Report and Statistical Notes This biennial Land Conservation Act Status Report is a compilation of enrollment statistics for the Program, with the focus of this report being enrollment as of January 1, 2010, and January 1, 2011. Nearly all of the enrollment data were gathered from applications for payment under the Open Space Subvention Act.11 The applications are submitted annually to the Department by participating counties and cities. Enrollment data from prior years are included to provide context in certain discussions. Appendix A contains the data tables used to generate charts and graphics featured in this report. Figure 3 depicts participating counties and how data are summarized by region. Due to rounding, minor discrepancies may occur between Appendix A tables and Chapter 2 regional summaries. A small amount of non-Land Conservation Act, enforceably restricted land, is included in this report. Except for Appendix A, this ―Other Enforceable Restriction‖ is mingled with the Land Conservation Act totals and accounts for less than 1 percent of the total reported acreage. 10 Public Resources Code, starting with Section 25740. 11 Submission of enrollment information is required under Government Code Sections 16144 and 16154. Figure 3 Regions for Land Conservation Act Report Analysis The California Land Conservation Act 2012 Status Report Page 7 Chapter 2: 2010 and 2011 Land Conservation Act Enrollment Summaries and trends in enrollment by county, region, and statewide Due to State revenue issues and the elimination of subvention payments to local governments during this reporting period, a number of counties that normally would have provided enrollment data did not submit information. Table 3 depicts statewide enrollment for each year between 2008 and 2011, as well as enrollment statistics for the ten counties that did not report data in 2011. Most of the counties continued to have stable enrollment patterns during these years. The 2011 gaps are particularly prevalent in the North Coast and Mountain Region, with five of the ten nonparticipating counties. Due to the relative stability of enrollment in these counties prior to 2011, it can be inferred that the 15.0 million acre statewide total enrollment summary derived from 2011 county submissions is approximately 1.3 million acres less than actual enrollment. This places a conservative estimate of Program enrollment at 16.3 million acres. Additionally, the underreporting likely influences this chapter’s summaries and rankings relative to actual occurrences. No corrections or adjustments have been made to the data in this chapter or in the appendices. The data have been reported and analyzed as they have been reported by local governments. Location 2008 2009 2010 2011 Explanatory Notes Statewide Total Reported Acres 16,583,467 14,996,564 16,369,124 15,014,073 ND = No Data Submitted Comparison to 2008 Baseline 100.0%90.4%98.7%90.5% Lake 50,079 49,658 ND ND Mendocino 498,495 ND 486,665 ND Modoc 127,170 ND 127,629 ND Nevada 6,722 6,722 ND ND Orange 8,044 692 ND ND As of 2010 status report, 225 acres remained eligible for subvention. Plumas 82,996 82,996 ND ND Riverside 59,307 ND ND ND San Mateo ND ND ND ND Subject of 2007 audit; County has not refiled for subventions and is revamping program in 2012. Stanislaus 690,067 ND 690,110 ND Trinity 22,035 ND ND ND Acres Reported 1,544,915 140,068 1,304,404 0 Table 3 Land Conservation Act Statewide and County Reported Enrollment 2008-2011 California Department of Conservation Page 8 Statewide Enrollment The approximately 15.0 million acres reported in Land Conservation Act contracts in 2011 (Table 1) consists of approximately 62 percent Non-Prime land, 32 percent Prime land, and 6 percent Farmland Security Zone (FSZ) land. The FSZ program, based on 20-year contracts, has been adopted by 25 counties, although not all of these counties have executed contracts. Twenty-one counties reported a total of 875,604 acres of land under FSZ contract. Three counties had enrollments exceeding one million acres in 2011: Kern, Fresno, and Tulare; at 1.7, 1.5, and 1.1 million acres, respectively. Counties with the lowest enrollment included San Bernardino (just over 4,500 acres), and Orange (225 acres eligible for subventions as of the 2010 Status Report). Appendix tables A-1 and A-2 outline enrollment statistics for all counties for the two-year reporting period. Net Increases and Decreases in Enrollment Butte, Glenn, Humboldt, and Monterey counties were among the leading counties in new enrollments for both reporting years (Table 4). In total 35,579 acres entered the program statewide in 2010 and 30,432 acres in 2011 (Tables A-8 and A-9). Santa Barbara and Yolo counties had the largest enrollment decreases in 2010 and 2011, respectively (Table 5). The large drop in Yolo County enrollment was the result of a technical adjustment (see page 15). Five counties (San Benito, San Joaquin, Santa Barbara, Tulare, and Yolo) were present on the list of top counties for enrollment decreases in both years. Statewide, the amount of land enrolled in the Land Conservation Act Program has been declining since 2005. Counties* with the Largest Enrollment Increase (Net) 2010 2011 Ranking Ranking 2009 2010 2010 2011 1 1 Lassen 9,142 2 1 Monterey 15,806 4 2 Monterey 4,226 6 2 Glenn 2,755 10 3 Butte 2,828 14 3 Calaveras 2,325 n/a 4 San Luis Obispo 1,877 n/a 4 Alameda 1,742 6 5 Siskiyou 1,807 7 5 Humboldt 982 7 6 Glenn 1,367 n/a 6 Placer 512 8 7 Humboldt 1,216 16 7 Napa 369 n/a 8 Fresno 621 n/a 8 Santa Cruz 308 16 9 Solano 545 3 9 Butte 196 11 10 Mariposa 512 18 10 Madera 178 County *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. Acres Table 4 AcresCounty Counties* with the Largest Enrollment Decrease (Net) 2010 2011 Ranking Ranking 2009 2010 2010 2011 n/a 1 Santa Barbara -3,178 5 1 Yolo -61,809 n/a 2 Kern -2,399 7 2 San Benito -2,410 21 3 Kings -1,619 4 3 San Joaquin -1,983 13 4 San Joaquin -1,485 n/a 4 Ventura 1,184 n/a 5 Yolo -1,426 11 5 Contra Costa -1,165 23 6 Alameda -1,339 1 6 Santa Barbara -1,068 20 7 San Benito -721 9 7 Tulare -911 11 8 Orange -692 12 8 Santa Clara -673 n/a 9 Tulare -670 n/a 9 Colusa -388 n/a 10 Tehama -366 n/a 10 San Luis Obispo -323 CountyCountyAcres Acres Table 5 *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. The California Land Conservation Act 2012 Status Report Page 9 New Enrollments New enrollments12 are filed with the anticipation of maintaining the contracted land in agriculture for at least ten years. As such, new enrollments may be seen as an indicator of stability in the agricultural economy in a particular location. Changing economic circumstances, such as the recession and its impact on the potential development value of property, may make new enrollments less attractive than in periods of rapidly rising property values. Additionally, some counties froze enrollment, at least temporarily, in response to the loss of Open Space Subvention payments from the State. While new enrollments for the past decade averaged 88,762 acres annually, they have decreased in recent years. Particularly between 2010 and 2011, when new enrollments decreased from 35,579 acres to 30,432 acres, a decrease of 14.5 percent (Tables A-8 and A-9). Coastal and mountain counties have been among the most active in new enrollments, as seen in Tables 6 and 7. Since 1991, the greatest amount of new enrollment acreage occurred in 2001 (497,503 acres), and the least occurred in 2011 (30,432 acres). Farmland Security Zones – Transfers and Total Acreage A Farmland Security Zone (FSZ) transfer13 is the rescission of an existing Land Conservation Act contract with the concurrent creation of an FSZ contract on the same land. FSZ transfers do not result in a net change to the amount of contracted acreage within a county. These transfers signify a 20-year agricultural commitment. This 12 New enrollments include new Land Conservation Act contracts as well as new Farmland Security Zone contracts on land not previously under a Land Conservation Act contract, and other lands that would qualify for Open Space Subvention payments. 13 As enacted in 1998, the FSZ provisions allowed for the creation of a FSZ contract only through the rescission of an existing contract. That requirement was changed on January 1, 2000 thereafter allowing non-contracted land to go directly into an FSZ contract. Since January 2000, new FSZ contracts are either reported under new enrollments or as a transfer from a Land Conservation Act contract. 2010 2011 Ranking Ranking 2009 2010 2010 2011 14 1 Lassen 9,935 2 1 Monterey 16,017 5 2 Monterey 4,615 19 2 Calaveras 3,000 10 3 Butte 2,739 8 3 Glenn 2,755 4 4 Kern 2,400 4 4 Kern 2,113 8 5 San Luis Obispo 2,369 n/a 5 Alameda 1,621 2 6 Siskiyou 1,901 5 6 San Luis Obispo 1,080 24 7 Humboldt 1,401 7 7 Humboldt 1,040 7 8 Glenn 1,367 n/a 8 Amador 711 15 9 Tehama 1,264 11 9 Santa Barbara 478 n/a 10 Stanislaus 1,128 9 10 Tehama 445 Acres County Acres *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. County Counties* with the Greatest Amount of New Enrollments Table 6 Regional Ranking by the Amount of New Enrollments*Regional Enrollment (Acres)*† 2010 2011 Region Acres Region Acres North Coast & Mountain 13,335 Bay & Central Coast 19,068 Bay & Central Coast 7,931 Foothill & Sierra 4,065 Sacramento Valley 6,271 Sacramento Valley 3,473 San Joaquin Valley 5,854 San Joaquin Valley 2,267 South Coast & Desert 1,400 North Coast & Mountain 1,040 Foothill & Sierra 787 South Coast & Desert 518 Total 35,579 Total 30,432 Table 7 *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. California Department of Conservation Page 10 commitment is made possible only upon a deliberate action by the county in adopting the FSZ program and subsequently, by the landowner in petitioning for such a transfer. During the 2010 and 2011 reporting period, Monterey County dominated the FSZ transfers with 6,278 and 2,371 acres, respectively; comprising more than 96 percent of the transferred acres. Glenn and Ventura counties were the only other locations with FSZ transfers during this period (Tables A-3 and A-4). In both years, the amounts of FSZ transfers were well below the annual average of 26,201 acres for the past decade. Since 1991, FSZ transfers ranged from a high of 209,480 acres in 1999, to a low of 1,007 acres in 2006. As of January 1, 2011, 21 counties reported some percentage of their Land Conservation Act land under FSZ contract (Table 8 and Table A- 2). The proportion of contracted land devoted to FSZ enrollment among individual counties ranged from a high of 42.49 percent (Kings County) to 0.02 percent (Santa Barbara County), averaging 8.15 percent. Regionally, the Bay Area and Central Coast, the Sacramento Valley, and the San Joaquin Valley have greater than 2 percent of their total amount of enrolled land under FSZ contract (2.4 percent, 3.8 percent and 5.5 percent, respectively). Since 1999, the FSZ program has steadily increased the total enrolled acreage from 210,990 acres to 875,604 acres in 2011. Nonrenewal Initiations Government Code § 51245 The nonrenewal of a Land Conservation Act contract may be initiated by either the landowner or the local government. This is the preferred method for ending the contract in an orderly fashion, as the contract winds down during the remaining years of the term. Nonrenewal often occurs with the anticipation of converting farmland to other uses. 2010 2011 Ranking Ranking 2009 2010 2010 2011 5 1 Kern 8,134 n/a 1 Imperial 117,246 n/a 2 Monterey 1,649 11 2 Santa Clara 36,977 7 3 Tulare 1,598 1 3 Kern 4,205 2 4 Sacramento 1,403 3 4 Tulare 3,845 6 5 Fresno 1,144 n/a 5 Mariposa 2,945 23 6 Lassen 1,018 2 6 Monterey 1,386 n/a 7 Tuolumne 982 4 7 Sacramento 863 8 8 Madera 855 21 8 San Joaquin 474 n/a 9 Stanislaus 755 22 9 San Luis Obispo 388 n/a 10 Humboldt 368 n/a 10 Merced 362 County Acres County Acres Table 9 Counties* with the Greatest Amount of Nonrenewal Initiations *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. County FSZ Acres Enrollment Total Percent of Total Kings 287,810 677,320 42 Glenn 90,438 424,243 21 Colusa 59,388 320,060 19 Marin 17,507 103,382 17 Sierra 5,730 40,548 14 Madera 62,742 539,140 12 San Joaquin 59,998 530,985 11 Kern 158,927 1,699,132 9 Monterey 54,749 789,616 7 Lassen 19,503 334,534 6 Placer 1,696 43,519 4 Ventura 3,083 127,917 2 Fresno 29,281 1,494,558 2 Tehama 11,528 800,868 1 Tulare 11,152 1,098,168 1 Santa Cruz 123 16,083 1 El Dorado 185 34,206 1 Humboldt 697 203,143 0 San Luis Obispo 773 792,577 0 Yolo 159 355,658 0 Santa Barbara 133 545,501 0 Table 8 Farmland Security Zone Acreage and Percentage of Total Enrollment By County in 2011 The California Land Conservation Act 2012 Status Report Page 11 The impact of the economy on nonrenewal trends was evident in statewide statistics over the past decade, during which nonrenewal initiations increased each year from 2001 (16,148 acres) to 2007 (157,805 acres). Over the next three years, as the recession slowed the demand for urban expansion, nonrenewal initiation acreages fell sharply, to 19,967 acres in 2010. In 2011, other factors led to a sharp increase in nonrenewal initiations. The elimination of State Open Space Subvention payments led Imperial County to initiate nonrenewal14 on all 117,246 acres remaining under contract (Tables 9 and 10). Imperial County had entered the Land Conservation Act Program in 2000. While in Santa Clara County, nearly 37,000 acres entered nonrenewal in 2011, as the County sought to remove parcels that no longer met enrollment criteria from contract. These two factors drove the statewide nonrenewal initiation acreage to its highest level since the inception of the Land Conservation Act, at 170,605 acres. The annual average for nonrenewal initiations was 74,305 acres for the past decade. Nonrenewal Expirations Government Code § 51246 During the years when a property is in the nonrenewal process, its property tax assessment gradually increases, returning to full market value at the end of the contract’s term. Upon conclusion of the contract, also known as nonrenewal expiration, land use restrictions are removed from the property. From 2010 to 2011, nonrenewal expirations decreased by approximately 14 percent, to 15,617 acres, which is below the annual average of 20,571 acres of the past decade (Table 11). A complete list of 2010 and 2011 Nonrenewal Expirations is located in Appendix A, Table A-11. 14 Imperial County Board of Supervisors Official Proceedings, February 23, 2010; reaffirmed October12, 2010. See also articles at Imperial Valley Press Online, http://articles.ivpressonline.com/keyword/williamson-act. Counties* with the Greatest Amount of Nonrenewal Expirations 2010 2011 Ranking Ranking 2009 2010 2010 2011 10 1 Santa Barbara 5,145 3 1 San Benito 2,418 5 2 San Joaquin 2,211 2 2 San Joaquin 2,110 14 3 San Benito 1,816 10 3 Kern 1,969 8 4 Kings 1,619 1 4 Santa Barbara 1,627 n/a 5 Santa Cruz 1,340 27 5 Ventura 1,203 4 6 Placer 1,314 25 6 Contra Costa 1,043 2 7 San Luis Obispo 846 8 7 Tulare 911 13 8 Tulare 779 9 8 Tehama 744 15 9 Tehama 747 22 9 Santa Clara 699 7 10 Kern 686 n/a 10 Amador 685 *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. County Acres County Acres Table 11 Regional Ranking by the Amount of Nonrenewal Initiations* 2010 2011 Region Acres Region Acres San Joaquin Valley 12,590 South Coast & Desert 117,434 Bay & Central Coast 2,642 Bay & Central Coast 39,101 Foothill & Sierra 1,695 San Joaquin Valley 8,966 Sacramento Valley 1,655 Foothill & Sierra 3,584 North Coast & Mountain 1,385 Sacramento Valley 1,258 South Coast & Desert 0 North Coast & Mountain 263 Total 19,967 Total 170,605 *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. Table 10 California Department of Conservation Page 12 The San Joaquin Valley region experienced the largest amount of nonrenewal expirations in both reporting years (Table 12). Since 1991, the greatest amount of nonrenewal expirations occurred in 1999 (118,391 acres), and the least in 2006 (11,934 acres). Total Acreage in Nonrenewal During any calendar year, there is a cumulative total of land that is somewhere within the phased nonrenewal process. In 2010, there were 502,859 acres of 10-year contracts and 17,663 acres of FSZ land under nonrenewal (Tables A-5 and A-6). The San Joaquin Valley held the most land in this status, led by 92,564 acres in Kern County. Stanislaus, San Joaquin, and Madera counties each had in excess of 35,000 acres in cumulative nonrenewal during 2010. During 2011, cumulative nonrenewals totaled 612,583 acres in 10-year contracts and 18,843 acres of FSZ land (Tables A-5 and A-7). Imperial County’s decision to exit the Land Conservation Act Program accounted for 19 percent of land currently in nonrenewal statewide. Kern County had the second highest acreage in nonrenewal (94,801 acres), followed by Santa Clara County (51,589 acres). On a percentage basis, San Bernardino and Imperial counties led in the amount of land under nonrenewal in 2010 and 2011, respectively (Table 13). Placer County also had 20 percent or more of its total enrolled land in nonrenewal during both years. Contract Cancellations Government Code § 51280 et seq. A cancellation is the immediate termination of a contract by a landowner, which requires payment of a cancellation fee and board of supervisors or city council approval based on rigorous findings. State law limits the use of cancellation to narrow conditions. Due to the specific findings required for approval of a contract cancellation, only a small fraction of yearly contract terminations occur as a result of cancellation. Over the past decade, cancellations averaged 817 acres per year. Regional Ranking by the Amount of Nonrenewal Expirations* 2010 2011 Region Acres Region Acres San Joaquin Valley 6,314 San Joaquin Valley 5,212 South Coast & Desert 5,172 Bay & Central Coast 4,929 Bay & Central Coast 4,666 South Coast & Desert 2,830 Sacramento Valley 1,550 Foothill & Sierra 1,265 Foothill & Sierra 1,488 Sacramento Valley 1,238 North Coast & Mountain 184 North Coast & Mountain 144 Total 19,375 Total 15,617 *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. Table 12 Counties* with the Largest Percentage of Enrollment Under Nonrenewal 2010 2011 Ranking Ranking 2009 2010 2010 2011 2 1 San Bernardino 25 4 1 Imperial 100 3 2 Placer 21 2 2 San Bernardino 25 4 3 Imperial 16 3 3 Placer 20 n/a 4 Tuolumne 14 13 4 Santa Clara 17 5 5 Mariposa 10 5 5 Tuolumne 13 6 6 Santa Barbara 8 6 6 Mariposa 12 8 7 San Joaquin 7 7 7 Santa Barbara 7 n/a 8 Stanislaus 6 8 8 San Joaquin 7 9 9 Madera 6 11 9 Sacramento 6 n/a 10 Sacramento 6 10 10 Madera 6 *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. Table 13 County %County % The California Land Conservation Act 2012 Status Report Page 13 In 2010, cancellations totaled 64 acres, all located in the San Joaquin Valley; while in 2011 Calaveras County was responsible for all but one acre of the 676 acres reported as cancelled (Table 14). More than 99 percent of the land cancelled in Calaveras County was classified as Non-Prime. Since 1991, the greatest amount of cancellations occurred in 1995 (5,694 acres) and the least in 2009 (7 acres). Public Acquisitions Government Code § 51290 et seq. Public agencies may acquire Land Conservation Act contracted land for a wide range of public improvements. Common reasons for governmental acquisitions of contracted land include: transportation improvements, schools, wildlife habitat, water resource infrastructure, and public open space. Before acquiring contracted lands, a public agency must make findings that no other non-contracted land reasonably feasible for the purpose is available, and that the lower cost of contracted land is not a primary factor in its decision. A public acquisition will result in the immediate termination of a Land Conservation Act contract if the public agency meets the appropriate notification requirements as outlined in Government Code § 51290 et seq. and acquires the land via eminent domain15 or in lieu of eminent domain. From 2009 to 2010, public acquisitions increased by approximately 36 percent, from 5,156 to 8,048 acres. Kern County led in this category during 2010 (Table 15), with nearly 1,900 acres acquired by the Semitropic Water Storage District and more than 2,100 acres acquired by the North River Sanitation District. Alameda County ranked second in public acquisitions during 2010, with more than 1,150 acres purchased by the East Bay Regional Park District. Third-ranked Tehama County was primarily affected by a federal government purchase of more than 640 acres. In 2011, the number of publicly acquired acres decreased by approximately 86 percent to 1,152 acres – well below the annual average of 26,664 acres for the past decade. Kern County had the highest amount of publicly acquired acreage in 2010 and 2011 (Table 15). Regionally, the San Joaquin Valley, Bay Area, and Central Coast 15 Eminent Domain Law, Code of Civil Procedure §1230.10, et seq. Counties* with Cancellations 2010 2011 Ranking Ranking 2009 2010 2010 2011 n/a 1 Fresno 61 n/a 1 Calaveras 675 n/a 2 Stanislaus 3 n/a 2 Kern 1 Acres *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. Table 14 Acres CountyCounty Counties* with the Greatest Amount of Public Acquisitions 2010 2011 Ranking Ranking 2009 2010 2010 2011 2 1 Kern 4,102 1 1 Kern 378 8 2 Alameda 1,155 4 2 Santa Clara 260 n/a 3 Tehama 879 5 3 Monterey 183 n/a 4 Santa Clara 500 6 4 Contra Costa 121 n/a 5 Monterey 389 11 5 Sacramento 121 5 6 Contra Costa 372 9 6 San Diego 84 1 7 Fresno 258 10 7 San Benito 2 n/a 8 Stanislaus 131 16 8 Ventura 2 n/a 9 San Diego 128 12 9 Placer 1 n/a 10 San Benito 43 - - - - Table 15 County Acres County Acres *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. California Department of Conservation Page 14 had the highest amount of publicly acquired acreage in 2010 and 2011, respectively (Table 16). Complete lists of 2010 and 2011 Public Acquisitions are located in Tables A-15 and A-16. Since 1991, the greatest amount of publicly acquired acres occurred in 2005 (70,334) and the least in 2011 (1,152). City Annexations Government Code § 51243.5 A Land Conservation Act contract may be immediately terminated when the land is annexed to a city. For this termination to occur, the Local Agency Formation Commission for the area must determine that the city protested placement of the original Land Conservation Act contract in a valid manner. Certain contracts executed prior to 1991 may be terminated through city annexation only if the city filed a valid protest upon county notification at the time of contract formation. At present, the total amount of contracted acreage covered by protested contracts statewide is unknown. From 2009 to 2010, the amount of contracted land annexed by cities increased by approximately 34 percent from 539 to 818 acres (Table 17). In 2011, no contracted land was annexed by cities. The decrease in annexations may be associated with the recession, as annexations averaged 1,438 acres per year for the past decade. Since 1991, the greatest amount of annexed acreage occurred in 2000 (9,961 acres) and the least in 2011 (zero acres). Net Adjustments Local governments have the difficult task of monitoring all of the changes that affect the approximately 15.0 million reported acres contracted under the Land Conservation Act.16 Adjustments are the reconciliation of errors in records or previous reports, re-mappings or re-surveys, lot line adjustments, or parcel divisions. These adjustments are partly a result of the elimination of local government program administration errors, and those related to enrollment data input and data analysis. As seen in Tables 18 and 19, adjustments can represent an increase or a decrease in enrolled acreage. From 2009 to 2010, net adjustments made by reporting counties decreased by approximately 91 percent from a net gain of 12,487 acres to a net gain of 1,077 acres. 16 Adjusting for the ten counties that did not supply data in 2011, statewide total enrollment is estimated to be 16.3 million acres. See Chapter 1, page 7. Regional Ranking by the Amount of Public Acquisitions* 2010 2011 Region Acres Region Acres San Joaquin Valley 4,513 Bay & Central Coast 566 Bay & Central Coast 2,461 San Joaquin Valley 378 Sacramento Valley 915 Sacramento Valley 121 South Coast & Desert 132 South Coast & Desert 86 Foothill & Sierra 27 Foothill & Sierra 1 North Coast & Mountain 0 North Coast & Mountain 0 Total 8,048 Total 1,152 *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. Table 16 Counties* with Annexations of Contracted Land to Cities 2010 2011 Ranking Ranking 2009 2010 2010 2011 n/a 1 Stanislaus 675 - - - - 3 2 San Joaquin 125 - - - - n/a 3 Madera 19 - - - - Acres Table 17 *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. County Acres County The California Land Conservation Act 2012 Status Report Page 15 From 2010 to 2011, the amount of net adjustments increased by approximately 98 percent resulting in a statewide net decrease of 61,696 acres. The 2011 figure represented approximately 77 percent of the total contract terminations statewide.17 In 2011, Yolo County ranked first in the amount of adjustments. This large decrease in contracted acres is attributed to discrepancies between the Assessor’s database and actual contracted acreage, resulting in an over reporting of contracted acreage for several years. Net adjustments for all counties are outlined in Tables A-19 and A-20. Since 1994, the largest number of adjusted acres occurred in 2011 (61,696 acre decrease) and the smallest number occurred in 2007 (441 acre decrease). 17 Decreases in the total number of contracted acreage have been included with terminations for the purposes of evaluating the overall loss in contract acreage. A ―Net Adjustment‖ is not a true method of contract termination. It represents corrections and statistical adjustments by counties in reporting annual data to the Department of Conservation. These adjustments can be positive or negative. Counties* with the Greatest Amount of Adjustments (Net) 2010 2011 Ranking Ranking 2009 2010 2010 2011 5 1 Fresno 1,166 2 1 Yolo -61,859 n/a 2 Yolo -1,071 6 2 San Luis Obispo -917 4 3 Placer 1,047 3 3 Placer 775 10 4 Lassen -793 13 4 Amador -339 8 5 Merced -714 16 5 Napa 329 2 6 San Luis Obispo 500 14 6 San Joaquin 127 n/a 7 Stanislaus 479 22 7 Alameda 120 n/a 8 Mendocino -445 23 8 Mariposa -96 6 9 Sonoma 384 n/a 9 Monterey 85 26 10 Butte 338 12 10 Santa Barbara 81 Table 18 Acres County Acres County *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. Regional Ranking by the Amount of Adjustments (Net)* 2010 2011 Region Acres Region Acres North Coast & Mountain -1,332 Sacramento Valley -61,868 Sacramento Valley -594 Bay & Central Coast -433 South Coast & Desert 174 North Coast & Mountain -37 Foothill & Sierra 860 South Coast & Desert 140 San Joaquin Valley 905 San Joaquin Valley 185 Bay & Central Coast 1,063 Foothill & Sierra 317 Total 1,077 Total -61,696 *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. Table 19 California Department of Conservation Page 16 This page left intentionally blank. The California Land Conservation Act 2012 Status Report Page 17 Chapter 3: Longer-Term Trends in the Land Conservation Act How the most recent years compare with data from the past decade Longer-term trends in statewide Land Conservation Act enrollment are based on large amounts of data. For ease of understanding, this report relies on trend charts and brief interpretations. The nonreporting status of various counties (see Table 3, Chapter 1) has an unknown impact on how well these charts reflect actual statewide summaries in the most recent reporting years. A Decade of Land Conservation Act Contract Termination Trends Statutorily, there are five ways to terminate a Land Conservation Act contract: nonrenewal, cancellation, public acquisition, city annexation, and easement exchange. For reporting purposes, acres may also be removed on paper via ―Net Adjustments.‖ Contract terminations that have occurred over the past decade are depicted in Figure 4. They included, in order of magnitude: non-renewal; public acquisition; net adjustment; city annexations; easement exchanges; and cancellations. These termination methods are discussed in more detail below. Nonrenewal: The nonrenewal process is the most common (and recommended) mechanism for the termination of Land Conservation Act contracted land. Since 2000, more contracted acreage has been terminated through nonrenewal expiration than all other methods of termination combined. From 2000 to 2011, nonrenewal expirations have averaged 33,900 acres per year statewide. 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 2000 2002 2004 2006 2008 2010 Figure 4 Termination Trend Comparison, 2000-2011 (acres) Cancellations Easement Exchanges City Annexations Net Adjustments Public Acquisitions Nonrenewal Expirations California Department of Conservation Page 18 The cumulative acreage of land in the ten year nonrenewal process was relatively low in the early part of the past decade, but increased significantly beginning in 2006 (Figure 5). Approximately 630,000 acres were in nonrenewal (including FSZ nonrenewals) in 2011, about 4.2 percent of total reported enrollment. This includes the entire enrollment of Imperial County. Despite the impact of Imperial County’s acreage, land in nonrenewal remains lower than the peak year of 1993, when nearly 700,000 acres were being phased out of the program. Figure 6 depicts the acreage of cumulative nonrenewals enrolled as Prime land versus that of Non-Prime land. Non-renewals initiations (Figure 7) steadily grew to a peak in 2007, when the economy was rapidly growing, which in turn caused peak in the cumulative non-renewals the same year. While nonrenewal of Prime land has historically been lower than that of Non-Prime land, in recent years the gap has disappeared. By 2011, the amount of land in nonrenewal was relatively equal between the two enrollment classes. Finally, in Figure 7, the amount of land being initiated in the nonrenewal process is depicted along with that exiting the ten year nonrenewal process. The peaks in nonrenewal initiation in mid-decade and in 2011 represent two distinct land use and fiscal factors. Nonrenewals steadily grew to a peak in 2007, when the economy was rapidly growing, but plummeted as the recession took hold. The spike in 2011 is comprised primarily of the countywide nonrenewal by Imperial County, which was filed in response to the elimination of Open Space Subvention payments. 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Figure 5 Statewide Cumulative Nonrenewal Acreage: 2000-2011 0 100,000 200,000 300,000 400,000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Figure 6 Statewide Cumulative Nonrenewal Acreage 2000-2011 Prime v. Nonprime Prime Nonprime 0 50,000 100,000 150,000 200,000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Figure 7 Nonrenewal Initiations v. Nonrenewal Expirations: 2000-2011 Nonrenewal Initiations Nonrenewal Expirations The California Land Conservation Act 2012 Status Report Page 19 Public Acquisition: Public acquisitions have been the second leading source of contract termination acreage over the past decade. When public entities acquire land via eminent domain, or in lieu of eminent domain, Land Conservation Act contracts are terminated. However, if acquired through a willing seller agreement or donation, the contract continues to be in place. Public acquisition resulting in contract termination was particularly common between 2002 and 2006 (Figure 8). This may have a relationship with projects funded out of various water, parks, school facilities, and transportation infrastructure bonds that were passed by California voters during that period.18 In recent years these acquisitions have declined, reaching their lowest level in 2011 (1,152 acres). From 2000 to 2011, public acquisitions have averaged 29,380 acres per year statewide. Net Adjustments: A ―Net Adjustment‖ does not reflect actual contract termination. It represents corrections and statistical adjustments by counties in reporting annual data to the Department of Conservation. These adjustments can be positive or negative. The fluctuation in Net Adjustments decreased in the latter part of the past decade, but an adjustment of nearly 62,000 acres in Yolo County resulted in a large negative net adjustment statewide (Figure 9). From 2000 to 2011, county reported adjustments led to an average shift of 13,389 acres per year in enrollment totals statewide. 18 A complete list of general obligation bonds is contained in this report from the State Treasurer’s Office: http://www.treasurer.ca.gov/publications/2011dar.pdf. 0 20,000 40,000 60,000 80,000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Figure 8 Public Acquisitions: 2000-2011 -65,000 -55,000 -45,000 -35,000 -25,000 -15,000 -5,000 5,000 15,000 25,000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Figure 9 Net Adjustments to Land Conservation Act Acreage Reported by Counties California Department of Conservation Page 20 City Annexations: The actual amount of contracted land terminated through annexation is overstated since this analysis assumes that affected contracts are terminated upon annexation.19 Annexation acreage has fluctuated over the past decade. From 2000 to 2011, city annexations averaged 2,309 acres per year statewide. Easement Exchanges: This method of contract termination became available in 1998. The process to complete an exchange is detailed and exhaustive; thus as of 2011, a total of only six Land Conservation Act easement exchanges have taken place. During that time, Land Conservation Act contracts were rescinded on 835 acres in exchange for the placement of permanent agricultural conservation easements on 1,747 acres. The past decade had all but one of these transactions, comprising 802 acres of Land Conservation Act enrolled land being exchanged for 1,657 acres of permanent conservation easement land. Counties with successful easement exchanges included Alameda, Contra Costa, Riverside, San Joaquin, Santa Barbara, and Sonoma. A number of other projects have been proposed for Easement Exchange but have not proceeded to completion. Cancellations: Early cancellation of Land Conservation Act contracts is the least common method of exiting the program. The cancellation process requires detailed findings by local governments to justify an early termination of the contract. Over the past decade, cancellation acreage totaled 9,424 acres, fluctuating with economic factors including the recession. Cancellations were highest in 2004 (2,933 acres) and lowest in 2009 and 2010 (7 and 64 acres, respectively, Figure 10). 19 Termination upon annexation can only occur when a city is able to make the specified findings and determinations listed in Government Code §51243.5. If all applicable findings and determinations are made the city may opt not to succeed to the contract (i.e., the city can elected not to enforce the contract) and file a certificate of contract termination. Land Conservation Act Termination Trends Summary Between 2000 and 2011, the five methods of Land Conservation Act contract termination totaled 878,986 acres, with contract nonrenewals and acquisitions by public agencies being the primary vehicles used to exit the program (Table 20). 0 500 1,000 1,500 2,000 2,500 3,000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Figure 10 Cancellations: 2000-2011 Method of Termination Acres Percent of Total Nonrenewal Expirations 372,903 42.42 Public Acquisitions 323,176 36.77 City Annexations 25,401 2.89 Easement Exchanges 802 0.09 Cancellations 9,424 1.07 Net Adjustments 147,280 16.76 878,986 100.00 Table 20 Cumulative Acres Terminated by Category: 2000-2011 The California Land Conservation Act 2012 Status Report Page 21 Chapter 4: Statewide Land Conservation Act Administration, Support, and Legislation Maintaining conservation values while addressing fiscal limitations The 2012 Land Conservation Act Status Report documents some of the largest challenges yet faced by the Program, at both county and State levels. Decreased tax revenues linked to the recession decreased the capacity of the State to support counties in their administration of the Program, most notably through the elimination of Open Space Subventions. Other land use concerns began to take greater precedence, and legislation was enacted to address each of these subjects during the course of the reporting period. Reported Eligible Acreage and Subvention Application Totals The Open Space Subvention Act provides for the partial replacement of local property tax revenues foregone as a result of participation in the Land Conservation Act and other enforceable restriction programs. Since the first Open Space Subvention payments in FY 1972, the State has distributed over $863 million ($1.5 billion in inflation adjusted dollars, see Appendix B) to counties and cities in support of the Land Conservation Act’s goals. In 2011, 13,581,194 acres were reported as eligible, equating to $34,391,771 in claimed subventions. In 2010, 15,330,421 acres were reported as eligible, while $37,319,384 was claimed in subventions (Tables A-23 and A-24). Actual subvention payments, which had been increasing since 1996, declined each year from 2004 to 2011. The top ten counties have remained fairly stable over the years in terms of subvention claims. The eight San Joaquin Valley counties comprised eight of the top positions in 2010, rounded out with Yolo and San Luis Obispo counties. In 2011 seven San Joaquin Valley counties comprised the top positions (Table 21), while Stanislaus County did not report. Counties* with the Largest Subvention Application Amounts 2010 2011 2009 2010 2010 2011 1 1 Fresno 5,322,505 1 1 Fresno 5,322,505 2 2 Kern 4,651,520 2 2 Kern 4,645,715 3 3 Tulare 3,437,149 3 3 Tulare 3,430,347 4 4 Kings 2,595,128 4 4 Kings 2,647,750 5 5 San Joaquin 1,880,145 5 5 San Joaquin 1,884,317 6 6 Merced 1,473,345 6 6 Merced 1,473,131 7 7 Madera 1,394,289 7 7 Madera 1,384,406 n/a 8 Stanislaus 1,354,180 10 8 San Luis Obispo 1,128,599 8 9 Yolo 1,140,246 11 9 Glenn 1,068,383 9 10 San Luis Obispo 1,099,135 12 10 Monterey 1,043,459 Ranking *Based on reporting from 42 out of 52 counties with Land Conservation Act contracts. Table 21 RankingCountyDollars County Dollars California Department of Conservation Page 22 During this reporting period (2010 and 2011) the San Joaquin Valley accounted for approximately 43 percent of the total statewide Land Conservation Act enrollment and approximately 60 percent of total subvention payment claims (Table 22 & Table 23). Farmland Security Zone Urban Non-Urban Region Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Bay & Central Coast 1,058,851 2,615,379 233,667 30,205 57,503 22,400 5,449 69 2,613 4,026,136 Foothill & Sierra 152,723 590,475 410 14,005 25 5,805 0 360 129 763,932 North Coast & Mountain 953,610 1,533,995 4,364 272 58,712 7,877 0 0 0 2,558,830 Sacramento Valley 3,622,397 1,638,197 263,567 26,718 577,715 9,179 10,692 2,932 0 6,151,396 San Joaquin Valley 15,979,499 2,899,958 753,303 5,742 2,442,596 26,332 1,639 0 686 22,109,754 South Coast & Desert 1,085,783 556,836 12,794 5,758 2,807 238 889 5,358 40,031 1,710,494 Totals 22,852,863 9,834,840 1,268,105 82,700 3,139,357 71,832 18,668 8,718 43,459 37,320,542 Table 22 2010 Open Space Subvention Act Payment Claims By Region* ($) Land Conservation Act Agricultural Conservation Easement Other Eligible Open Space Total *As a result of Government Code section 16148, the above OSSA payments were effectively eliminated. Farmland Security Zone Urban Non-Urban Region Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Bay & Central Coast 1,067,698 2,603,091 283,814 30,205 57,503 22,400 5,449 69 2,613 4,072,842 Foothill & Sierra 170,283 587,982 410 14,005 25 5,805 0 360 129 779,000 North Coast & Mountain 696,946 972,111 4,364 272 58,712 7,877 0 0 0 1,740,282 Sacramento Valley 3,310,728 1,634,951 263,606 30,720 577,715 9,179 10,692 2,932 0 5,840,522 San Joaquin Valley 15,002,427 2,555,463 753,287 5,742 2,442,596 26,332 1,639 0 686 20,788,171 South Coast & Desert 555,869 546,430 13,575 5,758 2,807 238 889 5,358 40,031 1,170,954 Totals 20,803,951 8,900,027 1,319,057 86,702 3,139,357 71,832 18,668 8,718 43,459 34,391,771 Table 23 2011 Open Space Subvention Act Payment Claims By Region* ($) *As a result of Government Code section 16148, the above OSSA payments were effectively eliminated. Land Conservation Act Agricultural Conservation Easement Other Eligible Open Space Total While prime agricultural land constitutes about one-third of the statewide enrollment, it accounted for roughly 74 percent of total subvention claims in 2011. Other enforceably restricted lands, including Open Space Easement lands that qualify for subvention payments, accounted for 0.1 percent of total subvention claims in 2011. Not all Land Conservation Act contracted lands are eligible for subvention payments. For example, local governments generally cannot claim subventions on contracted land that is under nonrenewal or valued lower for property tax purposes under Revenue and Taxation Code Section 110.1 (Proposition 13). In both 2010 and 2011, approximately 3 percent of the reported statewide enrollment was not eligible for subvention payments. Compliance Audits In 1988, audits of jurisdictions participating in the Land Conservation Act and Open Space Subvention Act program were initiated. Audits were designed to evaluate two primary issue areas: Payments of subvention claims for ineligible land. This has been the most frequent cause of subvention overpayments, either because the land was in the contract nonrenewal process, or it was valued lower under Proposition 13 than for valuation under Land Conservation Act contracts. Lack of payment of cancellation fees. These fees are paid by landowners who have cancelled contracts with local governments, which in turn must transmit the funds to the State Controller’s Office within the statutorily required timeframe. The California Land Conservation Act 2012 Status Report Page 23 The initial audit of several counties was conducted on behalf of the Department by the state Department of General Services (DGS). It resulted in the recapture of approximately $550,000. In FY 1996, the Department began an annual compliance audit program through contracts with the Department of Finance. This program resulted in a return to the General Fund of more than $2 million from the recapture of subvention overpayments and unpaid contract cancellation fees. More recent audits were conducted by the Department in-house (Table 23, next page), but these have been suspended since FY 2009 due to a lack of funding. Another major benefit of the audit process has been to ensure that local jurisdictions are using the appropriate procedures to administer the Program as required by statute. Counties have significant latitude in the uniform rules they adopt regarding the Program, but ultimately must meet statutory requirements to ensure responsible fiscal and land use decision making. A number of the audits listed in Table 24, as well as spot reviews undertaken in other fiscal years, have helped to correct procedures relating to lot line adjustments, incompatible uses, acreage reporting, and Land Conservation Act contract language. 1998-99 (1)San Luis Obispo, Riverside, Monterey, Tehama 958,497 1999-00 Colusa, San Diego, Yolo 50,406 2000-01 Contra Costa, Glenn, San Benito, Santa Barbara, Tuolumne 5,000 2001-02 Marin, Mendocino, Placer, San Bernardino, Santa Clara (2)57,980 2002-03 Sacramento, Ventura, Solano, Kern, Mariposa, Siskiyou 11,125 2003-04 none 0 Butte, Humbolt, Sonoma 289,773 Subsequent review of: Marin, Mendocino, Placer, San Bernardino, Santa Clara (2)407,885 2005-06 Sonoma 29,457 2006-07 Alameda 94,395 2007-08 Calaveras 135,689 2008-09 San Mateo (3)0 2009-10 none 0 2010-11 none 0 Total 2,040,207 (1) $911,298 of the total was for cancellation fees collected by Riverside County that were not forwarded to the State Controller's Office. 2004-05 (2) The 2004 review was a continuation of the audit initiated in 2001. (3) Audit led to county review of uniform rules; no recovered funds. Table 24 Fiscal Year Counties Audited Recaptured Subvention s Recaptured Subvention Payments From Audits Recent Legislation Affecting the Land Conservation Act New legislation during the reporting period focused on decreases in Open Space Subventions as a result of revenue issues affecting the State’s General Fund; and on locating solar power facilities on land that is marginally productive or that has become contaminated by natural or other causes. Effective January 1, 2011 Senate Bill 863 (Committee on Budget and Fiscal Review, Chapter 722, Statutes of 2010): SB 863 was a budget trailer bill that replaced Assembly Bill 2530 (Nielsen, Chapter 391, Statutes of 2010). The goal of SB 863 was to provide counties with an incentive to continue their participation in the Land Conservation Act by allowing them to recapture a portion of their foregone property tax revenues due to their California Department of Conservation Page 24 participation in the Program. The recaptured funding would be derived by decreasing the duration of Land Conservation Act and FSZ contracts by one- and two-years, respectively. Additionally, SB 863 provided a one-time, $10 million subvention to counties that participated in the Program. Senate Bill 80 (Committee on Budget and Fiscal Review, Chapter 11, Statutes of 2011): While SB 863 appropriated $10 million from the General Fund to make subvention payments to counties participating in the Land Conservation Act in FY 2010, SB 80 reduced this appropriation to zero. Assembly Bill 1265 (Nielsen, Chapter 90, Statutes of 2011): AB 1265 reinstated the relevant Land Conservation Act, Revenue & Tax Code, and Open Space Subvention Act provisions found in SB 863. Similar to SB 863, AB 1265 allowed eligible counties to recapture a portion of the property tax benefits provided to their owners of Land Conservation Act lands. However, AB 1265 did not reinstate the $10 million subvention to participating counties. Effective January 1, 2012 Senate Bill 618 (Wolk, Chapter 596, Statutes of 2011): SB 618 authorized the parties to a Land Conservation Act contract (city or county and landowners), after approval by the Department of Conservation, and in consultation with the Department of Food and Agriculture, to mutually agree to rescind the contract in order to simultaneously enter into a solar-use easement. The solar-use easement would require that the land be used for solar photovoltaic facilities for a term of no less than 20 years, except as specified. One of the key circumstances is the siting of solar photovoltaic facilities on agricultural lands that are marginally productive or that have become contaminated by natural or other causes. Page 25 Appendix A 2010 and 2011 Reported Statistics by County Page 26 TA B L E A -1 T o t a l R e p o r t e d E n r o l l m e n t 2 0 1 0 Total Reported Enrollment (Acres)Total Reported Enrollment (Acres) 2010 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda 2,526 131,167 - - - - - - - 133,693 Amador 5,213 87,878 - - - - - 360 - 93,451 Butte 113,686 106,293 - - - - - - - 219,979 Calaveras 448 141,245 - - - - - - - 141,693 Colusa 66,952 193,720 15,989 737 41,015 2,035 - - - 320,448 Contra Costa 9,538 36,336 - - - - - - - 45,874 El Dorado 2,334 31,795 - - 5 180 - - - 34,315 Fresno 982,032 483,245 - - 25,799 3,482 - - - 1,494,558 Glenn 63,618 267,432 14,112 500 73,600 2,226 - - - 421,488 Humboldt 5,088 196,808 - - 236 31 - - - 202,162 Imperial 133,928 4,632 - - - - - - - 138,561 Kern 628,186 912,223 25,176 133,751 - - - - - 1,699,336 Kings 279,062 110,671 28,851 227 248,090 10,642 - - - 677,543 Lake - - - - - - - - - - Lassen 15,063 299,968 546 34 11,239 7,684 - - 334,534 Los Angeles - - - - - - - - 40,031 40,031 Madera 201,160 274,732 13,936 362 46,334 2,111 328 - - 538,963 Marin 1,646 84,229 - - 290 17,217 - - - 103,382 Mariposa 185,501 21,676 - - - - - - - 207,177 Mendocino 35,019 451,646 - - - - - - - 486,665 Merced 258,883 209,080 - - - - - - - 467,963 Modoc 17,764 109,865 - - - - - - - 127,629 Mono 13,310 - - - - - - - - 13,310 Monterey 51,999 669,137 28,551 2,767 12,728 5,484 524 6 2,613 773,809 Napa 18,814 51,781 - - - - - - - 70,595 Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer 15,576 25,734 51 - - 1,645 - - - 43,007 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento 87,722 93,369 - - - - - - - 181,091 San Benito 51,759 530,783 - - - - - - - 582,542 San Bernardino 2,170 2,371 - - - - - - - 4,542 San Diego 4,821 56,906 - - - - - - - 61,727 San Joaquin 323,478 149,489 15,215 79 34,156 10,550 - - - 532,968 San Luis Obispo 90,630 701,496 576 79 55 64 - - - 792,900 San Mateo - - - - - - - - - - Santa Barbara 74,819 466,081 - - 133 - 177 5,359 - 546,569 Santa Clara 10,132 296,105 - - - - - - - 306,237 Santa Cruz 2,724 12,865 82 32 - 10 - 63 - 15,776 Shasta 23,702 163,482 - - - - - - - 187,184 Sierra 1,918 32,901 - 1,751 - 3,980 - - - 40,549 Siskiyou 96,056 325,506 - - - - - - - 421,562 Solano 120,053 145,582 - - - - 1,939 2,888 - 270,461 Sonoma 43,331 228,742 - - - - - - - 272,072 Stanislaus 293,495 396,459 - - - - 156 - - 690,110 Sutter 51,408 13,165 - - - - - - - 64,573 Tehama 53,616 736,028 2,687 2,607 1,190 5,044 - - - 801,172 Trinity - - - - - - - - - - Tulare 573,296 513,946 11,102 50 - - - - 686 1,099,079 Tuolumne - 120,467 - - - - - - - 120,467 Ventura 47,465 78,693 1,599 676 428 238 - - - 129,101 Yolo 240,988 176,114 158 1 - - 200 7 - 417,467 Cities Camarillo - - - - - - - - - - Hayward - 812 - - - - - - - 812 Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto 148 338 - - - - - - - 486 Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 5,300,928 10,141,845 158,630 143,652 495,298 72,624 3,323 8,682 43,330 16,368,312 Cities 148 1,150 - - - - - - - 1,297 Grand Totals 5,301,075 10,142,995 158,630 143,652 495,298 72,624 3,323 8,682 43,330 16,369,609 *Totals include both continuing term and nonrenewal contracts. Participating Local Jurisdictions Land Conservation Act* Agricultural Conservation Easement Other Enforceable Restriction TOTAL Page 27 TA B L E A -2 T o t a l R e p o r t e d E n r o l l m e n t 2 0 1 1 Total Reported Enrollment (Acres) 2011 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Alameda 2,487 132,947 - - - - - - - 135,434 Amador 5,510 87,267 - - - - - 360 - 93,137 Butte 113,808 106,367 - - - - - - - 220,175 Calaveras 450 143,568 - - - - - - - 144,018 Colusa 66,952 193,720 15,989 737 40,628 2,035 - - - 320,060 Contra Costa 9,466 35,243 - - - - - - - 44,709 El Dorado 2,334 31,686 - - 5 180 - - - 34,206 Fresno 982,032 483,245 - - 25,799 3,482 - - - 1,494,558 Glenn 63,781 270,024 14,112 500 73,600 2,226 - - - 424,243 Humboldt 5,300 197,147 - - 504 193 - - - 203,143 Imperial 133,928 4,632 - - - - - - - 138,561 Kern 628,640 911,564 25,176 - 133,751 - - - - 1,699,132 Kings 278,839 110,671 28,851 227 248,090 10,642 - - - 677,320 Lake - - - - - - - - - - Lassen 16,464 298,567 546 34 11,239 7,684 - - - 334,534 Los Angeles - - - - - - - - 40,031 40,031 Madera 201,457 274,613 13,936 362 46,335 2,110 328 - - 539,140 Marin 1,646 84,229 - - 290 17,217 - - - 103,382 Mariposa - 207,321 - - - - - - - 207,321 Mendocino - - - - - - - - - - Merced 259,199 208,768 - - - - - - - 467,967 Modoc - - - - - - - - - - Mono 13,310 - - - - - - - 129 13,439 Monterey 50,889 680,834 34,820 3,665 11,156 5,109 524 6 2,613 789,616 Napa 18,802 52,163 - - - - - - - 70,965 Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer 15,943 25,879 51 - - 1,645 - - - 43,519 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento 87,527 93,263 - - - - - - - 180,790 San Benito 51,721 528,411 - - - - - - - 580,132 San Bernardino 2,170 2,371 - - - - - - - 4,542 San Diego 4,856 56,865 - - - - - - - 61,721 San Joaquin 322,528 148,460 15,213 79 34,608 10,098 - - - 530,985 San Luis Obispo 90,431 701,372 576 79 55 64 - - - 792,577 San Mateo - - - - - - - - - - Santa Barbara 75,167 464,665 - - 133 - 178 5,358 - 545,501 Santa Clara 9,731 295,546 - - - - 286 - - 305,563 Santa Cruz 2,725 12,865 82 32 - 10 307 63 - 16,083 Shasta 23,702 163,477 - - - - - - - 187,179 Sierra 1,918 32,900 - 1,751 - 3,980 - - - 40,548 Siskiyou 96,130 325,314 - - - - - - - 421,444 Solano 119,936 145,371 - - - - 1,939 2,924 - 270,170 Sonoma 43,525 228,626 - - - - - - - 272,151 Stanislaus - - - - - - - - - - Sutter 51,408 13,165 - - - - - - - 64,573 Tehama 53,439 735,902 2,692 2,602 1,315 4,918 - - - 800,868 Trinity - - - - - - - - - - Tulare 572,435 513,896 11,102 50 - - - - 686 1,098,168 Tuolumne 120,351 - - - - - - - 120,351 Ventura 47,337 77,497 1,697 720 428 238 - - - 127,917 Yolo 198,642 156,651 158 1 - - 200 7 - 355,658 Cities Camarillo - - - - - - - - - - Hayward - 812 - - - - - - - 812 Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto 148 338 - - - - - - - 486 Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 4,726,567 9,357,422 164,999 10,838 627,935 71,832 3,761 8,718 43,459 15,015,531 Cities 148 1,150 - - - - - - - 1,298 Grand Totals 4,726,715 9,358,572 164,999 10,838 627,935 71,832 3,761 8,718 43,459 15,016,828 *Totals include both continuing term and nonrenewal contracts. Land Conservation Act* Agricultural Conservation Easement Other Enforceable Restriction TOTAL Participating Local Jurisdictions Page 28 TA B L E A -3 F a r m l a n d S e c u r i t y Z o n e T r a n s f e r s 2 0 1 0 Farmland Security Zone Transfers (Acres)Farmland Security Zone Transfers (Acres) 2010 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - - - - - - - - - - Amador - - - - - - - - - - Butte - - - - - - - - - - Calaveras - - - - - - - - - - Colusa - - - - - - - - - - Contra Costa - - - - - - - - - - El Dorado - - - - - - - - - - Fresno - - - - - - - - - - Glenn 212 - - - - - - - - 212 Humboldt - - - - - - - - - - Imperial - - - - - - - - - - Kern - - - - - - - - - - Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen - - - - - - - - - - Los Angeles - - - - - - - - - - Madera - - - - - - - - - - Marin - - - - - - - - - - Mariposa - - - - - - - - - - Mendocino - - - - - - - - - - Merced - - - - - - - - - - Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey 5,937 341 - - - - - - - 6,278 Napa - - - - - - - - - - Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer - - - - - - - - - - Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento - - - - - - - - - - San Benito - - - - - - - - - - San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin - - - - - - - - - - San Luis Obispo - - - - - - - - - - San Mateo - - - - - - - - - - Santa Barbara - - - - - - - - - - Santa Clara - - - - - - - - - - Santa Cruz - - - - - - - - - - Shasta - - - - - - - - - - Sierra - - - - - - - - - - Siskiyou - - - - - - - - - - Solano - - - - - - - - - - Sonoma - - - - - - - - - - Stanislaus - - - - - - - - - - Sutter - - - - - - - - - - Tehama - - - - - - - - - - Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - - - - - - - - - - Ventura - - - - - - - - - - Yolo - - - - - - - - - - Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 6,149 341 - - - - - - - 6,490 Cities - - - - - - - - - - Grand Totals 6,149 341 - - - - - - - 6,490 *Totals include both continuing term and nonrenewal contracts. Participating Local Jurisdictions Land Conservation Act* Agricultural Conservation Other Enforceable Restriction TOTAL Page 29 TA B L E A -4 F a r m l a n d S e c u r i t y Z o n e T r a n s f e r s 2 0 1 1 Farmland Security Zone Transfers (Acres) 2011 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - - - - - - - - - - Amador - - - - - - - - - - Butte - - - - - - - - - - Calaveras - - - - - - - - - - Colusa - - - - - - - - - - Contra Costa - - - - - - - - - - El Dorado - - - - - - - - - - Fresno - - - - - - - - - - Glenn - - - - - - - - - - Humboldt - - - - - - - - - - Imperial - - - - - - - - - - Kern - - - - - - - - - - Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen - - - - - - - - - - Los Angeles - - - - - - - - - - Madera - - - - - - - - - - Marin - - - - - - - - - - Mariposa - - - - - - - - - - Mendocino - - - - - - - - - - Merced - - - - - - - - - - Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey 1,988 383 - - - - - - - 2,371 Napa - - - - - - - - - - Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer - - - - - - - - - - Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento - - - - - - - - - - San Benito - - - - - - - - - - San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin - - - - - - - - - - San Luis Obispo - - - - - - - - - - San Mateo - - - - - - - - - - Santa Barbara - - - - - - - - - - Santa Clara - - - - - - - - - - Santa Cruz - - - - - - - - - - Shasta - - - - - - - - - - Sierra - - - - - - - - - - Siskiyou - - - - - - - - - - Solano - - - - - - - - - - Sonoma - - - - - - - - - - Stanislaus - - - - - - - - - - Sutter - - - - - - - - - - Tehama - - - - - - - - - - Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - - - - - - - - - - Ventura 98 43 - - - - - - - 141 Yolo - - - - - - - - - - Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 2,086 427 - - - - - - - 2,512 Cities - - - - - - - - - - Grand Totals 2,086 427 - - - - - - - 2,512 *Totals include both continuing term and nonrenewal contracts. Land Conservation Act* Agricultural Conservation Other Enforceable Restriction TOTAL Participating Local Jurisdictions Page 30 TA B L E A -5 C u m u l a t i v e N o n r e n e w a l A c r e a g e , L C A 2 0 1 0 & 2 0 1 1 Cumulative Nonrenewal Acreage (Land Conservation Act) Land Conservation Act Land Conservation Act Prime Nonprime Prime Nonprime Counties Alameda 8 753 760 8 981 989 Amador 20 3,047 3,067 20 2,261 2,281 Butte 1,470 11,058 12,528 1,606 11,048 12,654 Calaveras 5 6,914 6,919 5 7,212 7,217 Colusa 2,677 32 2,709 2,677 32 2,709 Contra Costa 425 1,784 2,209 353 813 1,166 El Dorado 67 1,224 1,291 67 1,116 1,182 Fresno 19,521 3,951 23,472 19,521 3,951 23,472 Glenn 1,242 1,460 2,702 1,242 1,460 2,702 Humboldt 17 3,100 3,117 14 3,230 3,244 Imperial 20,465 1,529 21,994 127,740 11,500 139,240 Kern 48,252 30,535 78,787 49,548 31,476 81,024 Kings 8,363 153 8,516 8,097 153 8,250 Lake - - - - - - Lassen 8 1,749 1,756 38 1,893 1,931 Los Angeles - - - - - - Madera 15,362 18,420 33,782 15,362 18,420 33,782 Marin 39 365 404 39 365 404 Mariposa - 21,676 21,676 - 24,621 24,621 Mendocino - 867 867 - - - Merced 5,987 215 6,202 6,281 230 6,510 Modoc - 264 264 - - - Mono - - - - - - Monterey 2,690 7,853 10,544 2,586 9,189 11,775 Napa 668 353 1,021 603 369 972 Nevada - - - - - - Orange - - - - - - Placer 4,142 4,909 9,051 4,212 4,558 8,770 Plumas - - - - - - Riverside - - - - - - Sacramento 1,106 9,920 11,026 1,807 9,897 11,704 San Benito 1,008 5,497 6,505 976 3,112 4,088 San Bernardino 256 878 1,134 256 878 1,134 San Diego 151 694 845 180 558 738 San Joaquin 31,327 7,340 38,668 29,694 7,340 37,035 San Luis Obispo 3,715 13,399 17,114 3,438 13,311 16,749 San Mateo - - - - - - Santa Barbara 2,627 38,498 41,125 2,267 37,233 39,500 Santa Clara 1,436 14,136 15,572 1,198 50,390 51,589 Santa Cruz 2 - 2 2 - 2 Shasta - 76 76 - 69 69 Sierra - - - - - - Siskiyou - - - 335 2,100 2,435 Solano 1,215 1,957 3,173 1,141 1,854 2,995 Sonoma 417 4,009 4,426 420 3,929 4,349 Stanislaus 18,767 25,310 44,077 - - - Sutter 152 152 152 152 Tehama 6,694 22,770 29,465 6,469 21,826 28,295 Trinity - - - - - - Tulare 6,331 1,518 7,849 6,209 4,574 10,784 Tuolumne - 16,523 16,523 - 15,607 15,607 Ventura 574 2,070 2,644 460 1,168 1,628 Yolo 6,537 2,999 9,536 6,717 3,038 9,755 Cities Camarillo - - - - - - Hayward - - - - - - Menlo Park - - - - - - Newark - - - - - - Palo Alto - 70 70 - 70 70 Perris - - - - - - Redlands - - - - - - Totals Counties 213,735 289,054 502,789 301,730 310,783 612,513 Cities - 70 70 - 70 70 Grand Totals 213,735 289,123 502,859 301,730 310,853 612,583 Participating Local Jurisdictions TOTAL TOTAL 2010 2011 Page 31 TA B L E A -6 Cu m u l a t i v e N o n r e n e w a l A c r e a g e , F S Z 2 0 1 0 Cumulative Nonrenewal Acreage (Farmland Security Zone)Cumulative Nonrenewal Acreage (Farmland Security Zone) 2010 Farmland Security Zone Contracts First 10-years Last 10-years Urban Non-Urban Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Counties Alameda - - - - - - - - - Amador - - - - - - - - - Butte - - - - - - - - - Calaveras - - - - - - - - - Colusa - - 474 160 - - - - 634 Contra Costa - - - - - - - - - El Dorado - - - - - - - - - Fresno - - - - - - - - - Glenn - - 16 - - - - - 16 Humboldt - - - - - - - - - Imperial - - - - - - - - - Kern 13,776 - 1 - - - - - 13,777 Kings 156 - 467 - - - - - 623 Lake - - - - - - - - - Lassen - - - - - - - - - Los Angeles - - - - - - - - - Madera 1,393 49 707 11 - - - - 2,160 Marin - - - - - - - - - Mariposa - - - - - - - - - Mendocino - - - - - - - - - Merced - - - - - - - - - Modoc - - - - - - - - - Mono - - - - - - - - - Monterey 42 - - - - - - - 42 Napa - - - - - - - - - Nevada - - - - - - - - - Orange - - - - - - - - - Placer 51 - - 23 - - - - 74 Plumas - - - - - - - - - Riverside - - - - - - - - - Sacramento - - - - - - - - - San Benito - - - - - - - - - San Bernardino - - - - - - - - - San Diego - - - - - - - - - San Joaquin - - - - - - - - - San Luis Obispo - - - - - - - - - San Mateo - - - - - - - - - Santa Barbara - - - - - - - - - Santa Clara - - - - - - - - - Santa Cruz - - - - - - - - - Shasta - - - - - - - - - Sierra - - - - - - - - - Siskiyou - - - - - - - - - Solano - - - - - - - - - Sonoma - - - - - - - - - Stanislaus - - - - - - - - - Sutter - - - - - - - - - Tehama - - 321 15 - - - - 336 Trinity - - - - - - - - - Tulare - - - - - - - - Tuolumne - - - - - - - - - Ventura - - - - - - - - - Yolo - - - - - - - - - Cities Camarillo - - - - - - - - - Hayward - - - - - - - - - Menlo Park - - - - - - - - - Newark - - - - - - - - - Palo Alto - - - - - - - - - Perris - - - - - - - - - Redlands - - - - - - - - - Totals Counties 15,419 49 1,987 208 - - - - 17,663 Cities - - - - - - - - - Grand Totals 15,419 49 1,987 208 - - - - 17,663 Participating Local Jurisdictions TOTAL Page 32 TA B L E A -7 C u m u l a t i v e N o n r e n e w a l A c r e a g e , F S Z 2 0 1 1 Cumulative Nonrenewal Acreage (Farmland Security Zone) 2011 Farmland Security Zone Contracts First 10-years Last 10-years Urban Non-Urban Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - - - - - - - - - Amador - - - - - - - - - Butte - - - - - - - - - Calaveras - - - - - - - - - Colusa - - 474 160 - - - - 634 Contra Costa - - - - - - - - - El Dorado - - - - - - - - - Fresno - - - - - - - - - Glenn - - 16 - - - - - 16 Humboldt - - - - - - - - - Imperial - - - - - - - - - Kern 13,776 - 1 - - - - - 13,777 Kings 156 - 404 - - - 63 - 623 Lake - - - - - - - - - Lassen - - - - - - - - - Los Angeles - - - - - - - - - Madera 1,393 49 707 11 - - - - 2,160 Marin - - - - - - - - - Mariposa - - - - - - - - - Mendocino - - - - - - - - - Merced - - - - - - - - - Modoc - - - - - - - - - Mono - - - - - - - - - Monterey 42 - - 20 - - - - 62 Napa - - - - - - - - - Nevada - - - - - - - - - Orange - - - - - - - - - Placer 51 - - 23 - - - - 74 Plumas - - - - - - - - - Riverside - - - - - - - - - Sacramento - - - - - - - - - San Benito - - - - - - - - - San Bernardino - - - - - - - - - San Diego - - - - - - - - - San Joaquin 53 - 771 177 - - - - 1,001 San Luis Obispo - - - - - - - - - San Mateo - - - - - - - - - Santa Barbara - - - - - - - - - Santa Clara - - - - - - - - - Santa Cruz - - - - - - - - - Shasta - - - - - - - - - Sierra - - - - - - - - - Siskiyou - - - - - - - - - Solano - - - - - - - - - Sonoma - - - - - - - - - Stanislaus - - - - - - - - - Sutter - - - - - - - - - Tehama - - 321 15 - - - - 336 Trinity - - - - - - - - - Tulare - - - - - - - - - Tuolumne - - - - - - - - - Ventura - - - - - - - - - Yolo 158 1 - - - - - - 159 Cities Camarillo - - - - - - - - - Hayward - - - - - - - - - Menlo Park - - - - - - - - - Newark - - - - - - - - - Palo Alto - - - - - - - - - Perris - - - - - - - - - Redlands - - - - - - - - - Totals Counties 15,630 50 2,695 405 - - 63 - 18,843 Cities - - - - - - - - - Grand Totals 15,630 50 2,695 405 - - 63 - 18,843 Participating Local Jurisdictions TOTAL Page 33 TA B L E A -8 N e w E n r o l l m e n t s 2 0 1 0 New Enrollments (Acres) New Enrollments (Acres) 2010 Farmland Security Zone Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - - - - - - - - - - Amador - - - - - - - - - - Butte 2,739 - - - - - - - - 2,739 Calaveras 5 229 - - - - - - - 234 Colusa - - - - - - - - - - Contra Costa 44 38 - - - - - - - 82 El Dorado 5 17 - - - - - - - 22 Fresno - - - - - - - - - - Glenn 632 384 - - 351 - - - - 1,367 Humboldt 20 1,381 - - - - - - - 1,401 Imperial 219 9 - - - - - - - 228 Kern 1,640 760 - - - - - - - 2,400 Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen - 9,935 - - - - - - - 9,935 Los Angeles - - - - - - - - - Madera 78 222 - - - - - - - 299 Marin - - - - - - - - - - Mariposa - 527 - - - - - - - 527 Mendocino 95 4 - - - - - - - 98 Merced 969 29 - - - - - - - 998 Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey - 144 4,128 329 - - 14 - - 4,615 Napa 375 95 - - - - - - - 470 Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer - 5 - - - - - - - 5 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento - 834 - - - - - - - 834 San Benito - - - - - - - - - - San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin 577 452 - - - - - - - 1,029 San Luis Obispo 931 1,438 - - - - - - - 2,369 San Mateo - - - - - - - - - - Santa Barbara 45 1,059 - - - - - - - 1,104 Santa Clara 243 - - - - - - - 243 Santa Cruz 22 22 - - - - - - - 44 Shasta - - - - - - - - - - Sierra - - - - - - - - - - Siskiyou 1,849 53 - - - - - - - 1,901 Solano 67 - - - - - - - - 67 Sonoma 12 96 - - - - - - - 108 Stanislaus 849 123 - - - - 156 - - 1,128 Sutter - - - - - - - - - - Tehama 643 621 - - - - - - - 1,264 Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - - - - - - - - - - Ventura 26 2 25 15 - - - - - 68 Yolo - - - - - - - - - - Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 11,841 18,720 4,153 344 351 - 170 - - 35,579 Cities - - - - - - - - - - Grand Totals 11,841 18,720 4,153 344 351 - 170 - - 35,579 Participating Local Jurisdictions Land Conservation Act Agricultural Conservation Other Enforceable Restriction TOTAL Page 34 TA B L E A -9 N e w E n r o l l m e n t s 2 0 1 1 New Enrollments (Acres) 2011 Farmland Security Zone Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - 1,621 - - - - - - - 1,621 Amador 387 324 - - - - - - - 711 Butte 20 160 - - - - - - - 180 Calaveras 8 2,993 - - - - - - - 3,000 Colusa - - - - - - - - - Contra Costa - - - - - - - - - - El Dorado - - - - - - - - - - Fresno - - - - - - - - - - Glenn 163 2,592 - - - - - - - 2,755 Humboldt 259 351 - - 268 163 - - - 1,040 Imperial - - - - - - - - - - Kern 2,113 - - - - - - - - 2,113 Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen - - - - - - - - - - Los Angeles - - - - - - - - - - Madera 154 - - - - - - - - 154 Marin - - - - - - - - - - Mariposa - 240 - - - - - - - 240 Mendocino - - - - - - - - - - Merced - - - - - - - - - - Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey 235 12,938 2,577 267 - - - - - 16,017 Napa 72 139 - - - - - - - 212 Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer - 114 - - - - - - - 114 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento - - - - - - - - - - San Benito - - - - - - - - - - San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin - - - - - - - - - - San Luis Obispo 278 802 - - - - - - - 1,080 San Mateo - - - - - - - - - - Santa Barbara 308 171 - - - - - - - 478 Santa Clara - - - - - - - - - - Santa Cruz - - - - - - - - - - Shasta - - - - - - - - - - Sierra - - - - - - - - - - Siskiyou - - - - - - - - - - Solano - 5 - - - - - 37 - 42 Sonoma 42 97 - - - - - - - 139 Stanislaus - - - - - - - - - - Sutter - - - - - - - - - - Tehama 28 417 - - - - - - - 445 Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - - - - - - - - - - Ventura 10 29 - - - - - - - 39 Yolo 48 3 - - - - - - - 51 Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 4,125 22,995 2,577 267 268 163 - 37 - 30,431 Cities - - - - - - - - - - Grand Totals 4,125 22,995 2,577 267 268 163 - 37 - 30,431 Land Conservation Act Agricultural Conservation Other Enforceable Restriction TOTAL Participating Local Jurisdictions Page 35 TA B L E A -10 N o n r en e w a l I n i t i a t i o n 2 0 1 0 & 2 0 1 1 Nonrenewal Initiations (Acres) 2010 2011 Farmland Security Zone Farmland Security Zone Urban Non-Urban Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda 6 127 - - - - 133 - 228 - - - - 228 Amador 14 318 - - - - 332 - - - - - - - Butte - - 145 - - - 145 23 - - - - - 23 Calaveras 5 138 - - - - 143 - 298 - - - - 298 Colusa - - - - - - - - - - - - - - Contra Costa - - - - - - - - - - - - - - El Dorado - 40 - - - - 40 - - - - - - - Fresno 754 390 - - - - 1,144 - - - - - - - Glenn - - - - - - - - - - - - - - Humboldt - 368 - - - - 368 10 70 - - - - 80 Imperial - - - - - - - 107,276 9,971 - - - - 117,246 Kern 4,364 3,771 - - - - 8,134 2,626 1,579 - - - - 4,205 Kings - - - - - - - 80 - - - - - 80 Lake - - - - - - - - - - - - - - Lassen - 1,018 - - - - 1,018 30 145 - - - - 175 Los Angeles - - - - - - - - - - - - - - Madera 479 376 - - - - 855 - - - - - - - Marin - 123 - - - - 123 - - - - - - - Mariposa - - - - - - - - 2,945 - - - - 2,945 Mendocino - - - - - - - - - - - - - Merced - - - - - - - 347 15 - - - - 362 Modoc - - - - - - - - - - - - - - Mono - - - - - - - - - - - - - - Monterey - 1,649 - - - - 1,649 - 1,366 - - - 20 1,386 Napa 124 12 - - - - 136 97 25 - - - - 122 Nevada - - - - - - - - - - - - - - Orange - - - - - - - - - - - - - - Placer - 175 - - - 23 198 70 26 - - - - 95 Plumas - - - - - - - - - - - - - - Riverside - - - - - - - - - - - - - - Sacramento 572 831 - - - - 1,403 840 23 - - - - 863 San Benito - - - - - - - - - - - - - - San Bernardino - - - - - - - - - - - - - - San Diego - - - - - - - - - - - - - - San Joaquin 103 - - - - - 103 467 7 - - - - 474 San Luis Obispo - 76 - - - - 76 65 323 - - - - 388 San Mateo - - - - - - - - - - - - - - Santa Barbara - - - - - - - - - - - - - - Santa Clara 1 339 - - - - 340 163 36,814 - - - - 36,977 Santa Cruz 2 - - - - - 2 - - - - - - - Shasta - - - - - - - - 8 - - - - 8 Sierra - - - - - - - - - - - - - - Siskiyou - - - - - - - - - - - - - - Solano - 107 - - - - 107 - 132 - - - - 132 Sonoma 22 160 - - - - 182 - - - - - - - Stanislaus 409 346 - - - - 755 - - - - - - - Sutter - - - - - - - - - - - - - - Tehama - - - - - - - - 20 - - - - 20 Trinity - - - - - - - - - - - - - - Tulare 1,045 554 - - - - 1,598 739 3,106 - - - - 3,845 Tuolumne - 982 - - - - 982 - 246 - - - - 246 Ventura - - - - - - - 41 147 - - - - 188 Yolo - - - - - - - 180 39 - - - - 219 Cities Camarillo - - - - - - - - - - - - - - Hayward - - - - - - - - - - - - - - Menlo Park - - - - - - - - - - - - - - Newark - - - - - - - - - - - - - - Palo Alto - - - - - - - - - - - - - - Perris - - - - - - - - - - - - - - Redlands - - - - - - - - - - - - - - Totals Counties 7,900 11,899 145 - - 23 19,966 113,054 57,531 - - - 20 170,605 Cities - - - - - - - - - - - - - - Grand Totals 7,900 11,899 145 - - 23 19,966 113,054 57,531 - - - 20 170,605 Participating Local Jurisdictions Land Conservation Act TOTAL Land Conservation Act TOTAL Page 36 Nonrenewal Expirations (Acres) 2010 2011 Farmland Security Zone Farmland Security Zone Urban Non-Urban Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - 167 - - - - 167 - - - - - - - Amador - - - - - - - - 685 - - - - 685 Butte - 249 - - - - 249 - - - - - - - Calaveras 5 124 - - - - 129 - - - - - - - Colusa - - - - - - - - - - - - - - Contra Costa - 31 - - - - 31 72 971 - - - - 1,043 El Dorado - - - - - - - - 109 - - - - 109 Fresno 159 66 - - - - 225 - - - - - - - Glenn - - - - - - - - - - - - - - Humboldt - 184 - - - - 184 - - - - - - - Imperial - - - - - - - - - - - - - - Kern 569 116 - - - - 686 1,331 638 - - - - 1,969 Kings 669 950 - - - - 1,619 222 - - - - - 222 Lake - - - - - - - - - - - - - - Lassen - - - - - - - - - - - - - - Los Angeles - - - - - - - - - - - - - - Madera 219 - - - - - 219 - - - - - - - Marin - - - - - - - - - - - - - - Mariposa - - - - - - - - - - - - - - Mendocino - - - - - - - - - - - - - - Merced - - - - - - - - - - - - - - Modoc - - - - - - - - - - - - - - Mono - - - - - - - - - - - - - - Monterey - - - - - - - 102 10 - - - - 112 Napa 39 306 - - - - 345 162 9 - - - - 171 Nevada - - - - - - - - - - - - - - Orange - - - - - - - - - - - - - - Placer 127 1,187 - - - - 1,314 - 376 - - - - 376 Plumas - - - - - - - - - - - - - - Riverside - - - - - - - - - - - - - - Sacramento 144 - - - - - 144 139 46 - - - - 185 San Benito 343 1,473 - - - - 1,816 33 2,385 - - - - 2,418 San Bernardino - - - - - - - - - - - - - - San Diego 11 7 - - - - 18 - - - - - - - San Joaquin 2,132 79 - - - - 2,211 2,107 4 - - - - 2,110 San Luis Obispo 227 618 - - - - 846 170 316 - - - - 486 San Mateo - - - - - - - - - - - - - Santa Barbara 453 4,692 - - - - 5,145 374 1,253 - - - - 1,627 Santa Clara 58 - - - - - 58 400 299 - - - - 699 Santa Cruz - 1,340 - - - - 1,340 - - - - - - - Shasta - - - - - - - - 5 - - - - 5 Sierra - - - - - - - - - - - - - - Siskiyou - - - - - - - 56 83 - - - - 139 Solano 33 21 - - - - 54 75 234 - - - - 309 Sonoma 38 26 - - - - 63 - - - - - - - Stanislaus 539 37 - - - - 576 - - - - - - - Sutter - - - - - - - - - - - - - - Tehama 44 703 - - - - 747 194 550 - - - - 744 Trinity - - - - - - - - - - - - - - Tulare 757 22 - - - - 779 861 50 - - - - 911 Tuolumne 45 - - - - 45 - 95 - - - - 95 Ventura 1 9 - - - - 10 155 1,048 - - - - 1,203 Yolo 218 137 - - - - 355 - - - - - - - Cities Camarillo - - - - - - - - - - - - - - Hayward - - - - - - - - - - - - - - Menlo Park - - - - - - - - - - - - - - Newark - - - - - - - - - - - - - - Palo Alto - - - - - - - - - - - - - - Perris - - - - - - - - - - - - - - Redlands - - - - - - - - - - - - - - Totals Counties 6,785 12,590 - - - - 19,375 6,452 9,165 - - - - 15,617 Cities - - - - - - - - - - - - - - Grand Totals 6,785 12,590 - - - - 19,375 6,452 9,165 - - - - 15,617 Participating Local Jurisdictions Land Conservation Act TOTAL Land Conservation Act TOTAL Page 37 TA B L E A -12 N o n r e n e w a l s W i t h d r a w n , L C A 2 0 1 0 & 2 0 1 1 Nonrenewals Withdrawn Acreage (Land Conservation Act) 2010 2011 Land Conservation Act Land Conservation Act Prime Nonprime Prime Nonprime Counties Alameda - - - - - - Amador - - - - - - Butte - - - - - - Calaveras - - - - - - Colusa - - - - - - Contra Costa - - - - - - El Dorado - - - - - - Fresno - - - - - - Glenn - - - - - - Humboldt - - - - - - Imperial - - - - - - Kern - - - - - - Kings - - - 124 - 124 Lake - - - - - - Lassen - - - - - - Los Angeles - - - - - - Madera - - - - - - Marin - - - - - - Mariposa - - - - - - Mendocino - - - - - - Merced - - - - - - Modoc - - - - - - Mono - - - - - - Monterey - - - - - - Napa - - - - - - Nevada - - - - - - Orange - - - - - - Placer - - - - - - Plumas - - - - - - Riverside - - - - - - Sacramento - - - - - - San Benito - - - - - - San Bernardino - - - - - - San Diego - - - 11 174 185 San Joaquin 651 - 651 - - - San Luis Obispo 175 - 175 - - - San Mateo - - - - - - Santa Barbara 86 105 190 - - - Santa Clara - 93 93 - - - Santa Cruz - - - - - - Shasta - - - - 10 10 Sierra - - - - - - Siskiyou - - - - - - Solano - - - - - - Sonoma - - - - - - Stanislaus - - - - - - Sutter - - - - - - Tehama - - - 28 417 445 Trinity - - - - - - Tulare - - - - - - Tuolumne - 503 503 - 1,068 1,068 Ventura - - - - - - Yolo - - - - - - Cities Camarillo - - - - - - Hayward - - - - - - Menlo Park - - - - - - Newark - - - - - - Palo Alto - - - - - - Perris - - - - - - Redlands - - - - - - Totals Counties 911 700 1,612 163 1,669 1,832 Cities - - - - - - Grand Totals 911 700 1,612 163 1,669 1,832 Participating Local Jurisdictions TOTAL TOTAL Page 38 TA B L E A -13 C a n c e l l a t i o n s 2 0 1 0 Cancellations (Acres)Cancellations (Acres) 2010 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - - - - - - - - - - Amador - - - - - - - - - - Butte - - - - - - - - - - Calaveras - - - - - - - - - - Colusa - - - - - - - - - - Contra Costa - - - - - - - - - - El Dorado - - - - - - - - - - Fresno 19 42 - - - - - - - 61 Glenn - - - - - - - - - - Humboldt - - - - - - - - - - Imperial - - - - - - - - - - Kern - - - - - - - - - - Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen - - - - - - - - - - Los Angeles - - - - - - - - - - Madera - - - - - - - - - - Marin - - - - - - - - - - Mariposa - - - - - - - - - - Mendocino - - - - - - - - - - Merced - - - - - - - - - - Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey - - - - - - - - - - Napa - - - - - - - - - - Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer - - - - - - - - - - Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento - - - - - - - - - - San Benito - - - - - - - - - - San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin - - - - - - - - - - San Luis Obispo - - - - - - - - - - San Mateo - - - - - - - - - - Santa Barbara - - - - - - - - - - Santa Clara - - - - - - - - - - Santa Cruz - - - - - - - - - - Shasta - - - - - - - - - - Sierra - - - - - - - - - - Siskiyou - - - - - - - - - - Solano - - - - - - - - - - Sonoma - - - - - - - - - - Stanislaus - 3 - - - - - - - 3 Sutter - - - - - - - - - - Tehama - - - - - - - - - - Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - - - - - - - - - - Ventura - - - - - - - - - - Yolo - - - - - - - - - - Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 19 45 - - - - - - - 64 Cities - - - - - - - - - - Grand Totals 19 45 - - - - - - - 64 *Includes both continuing term and nonrenewal contracts. Participating Local Jurisdictions Land Conservation Act* Agricultural Conservation Other Enforceable Restriction TOTAL Page 39 TA B L E A -14 C a n c e l l a t i o n s 2 0 1 1 Cancellations (Acres) 2011 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - - - - - - - - - - Amador - - - - - - - - - - Butte - - - - - - - - - - Calaveras 5 670 - - - - - - - 675 Colusa - - - - - - - - - - Contra Costa - - - - - - - - - - El Dorado - - - - - - - - - - Fresno - - - - - - - - - - Glenn - - - - - - - - - - Humboldt - - - - - - - - - - Imperial - - - - - - - - - - Kern 1 1 Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen - - - - - - - - - - Los Angeles - - - - - - - - - - Madera - - - - - - - - - - Marin - - - - - - - - - - Mariposa - - - - - - - - - - Mendocino - - - - - - - - - - Merced - - - - - - - - - - Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey - - - - - - - - - - Napa - - - - - - - - - - Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer - - - - - - - - - - Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento - - - - - - - - - - San Benito - - - - - - - - - - San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin - - - - - - - - - - San Luis Obispo - - - - - - - - - - San Mateo - - - - - - - - - - Santa Barbara - - - - - - - - - - Santa Clara - - - - - - - - - - Santa Cruz - - - - - - - - - - Shasta - - - - - - - - - - Sierra - - - - - - - - - - Siskiyou - - - - - - - - - - Solano - - - - - - - - - - Sonoma - - - - - - - - - - Stanislaus - - - - - - - - - - Sutter - - - - - - - - - - Tehama - - - - - - - - - - Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - - - - - - - - - - Ventura - - - - - - - - - - Yolo - - - - - - - - - - Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 6 670 - - - - - - - 676 Cities - - - - - - - - - - Grand Totals 6 670 - - - - - - - 676 *Includes both continuing term and nonrenewal contracts. Land Conservation Act* Agricultural Conservation Other Enforceable Restriction TOTAL Participating Local Jurisdictions Page 40 TA B L E A -15 P u b l i c A c q u i s i t i o n s 2 0 1 0 Public Acquisitions (Acres)Public Acquisitions (Acres) 2010 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - 1,155 - - - - - - - 1,155 Amador - - - - - - - - - - Butte - - - - - - - - - - Calaveras - - - - - - - - - - Colusa - - - - - - - - - - Contra Costa - 372 - - - - - - - 372 El Dorado - 11 - - - - - - - 11 Fresno 186 72 - - - - - - - 258 Glenn - - - - - - - - - - Humboldt - - - - - - - - - - Imperial - - - - - - - - - - Kern 1,193 2,910 - - - - - - - 4,102 Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen - - - - - - - - - - Los Angeles - - - - - - - - - - Madera - - - - - - - - - - Marin - - - - - - - - - - Mariposa - - - - - - - - - - Mendocino - - - - - - - - - - Merced - 1 - - - - - - - 1 Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey - 389 - - - - - - - 389 Napa - - - - - - - - - - Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer 2 14 - - - - - - - 16 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento 33 3 - - - - - - - 36 San Benito - 43 - - - - - - - 43 San Bernardino - - - - - - - - - - San Diego 8 120 - - - - - - - 128 San Joaquin 13 - - - - - - - - 13 San Luis Obispo 3 - - - - - - - - 3 San Mateo - - - - - - - - - - Santa Barbara - - - - - - - - - - Santa Clara - 500 - - - - - - - 500 Santa Cruz - - - - - - - - - - Shasta - - - - - - - - - - Sierra - - - - - - - - - - Siskiyou - - - - - - - - - - Solano - - - - - - - - - - Sonoma - - - - - - - - - - Stanislaus 122 9 - - - - - - - 131 Sutter - - - - - - - - - - Tehama - 879 - - - - - - - 879 Trinity - - - - - - - - - - Tulare 8 - - - - - - - - 8 Tuolumne - - - - - - - - - - Ventura 4 - - - - - - - - 4 Yolo - - - - - - - - - - Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 1,573 6,475 - - - - - - - 8,048 Cities - - - - - - - - - - Grand Totals 1,573 6,475 - - - - - - - 8,048 *Includes both continuing term and nonrenewal contracts. Participating Local Jurisdictions Land Conservation Act* Agricultural Conservation Other Enforceable Restriction TOTAL Page 41 TA B L E A -16 P u b l i c A c q u i s i t i o n s 2 0 1 1 Public Acquisitions (Acres) 2011 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - - - - - - - - - - Amador - - - - - - - - - - Butte - - - - - - - - - - Calaveras - - - - - - - - - - Colusa - - - - - - - - - - Contra Costa - 121 - - - - - - - 121 El Dorado - - - - - - - - - - Fresno - - - - - - - - - - Glenn - - - - - - - - - - Humboldt - - - - - - - - - - Imperial - - - - - - - - - - Kern 357 21 - - - - - - - 378 Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen - - - - - - - - - - Los Angeles - - - - - - - - - - Madera - - - - - - - - - - Marin - - - - - - - - - - Mariposa - - - - - - - - - - Mendocino - - - - - - - - - - Merced - - - - - - - - - - Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey 2 181 - - - - - - - 183 Napa - - - - - - - - - - Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer - 1 - - - - - - - 1 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento 48 73 - - - - - - - 121 San Benito - 2 - - - - - - - 2 San Bernardino - - - - - - - - - - San Diego 5 79 - - - - - - - 84 San Joaquin - - - - - - - - - - San Luis Obispo - - - - - - - - - - San Mateo - - - - - - - - - - Santa Barbara - - - - - - - - - - Santa Clara - 260 - - - - - - - 260 Santa Cruz - - - - - - - - - - Shasta - - - - - - - - - - Sierra - - - - - - - - - - Siskiyou - - - - - - - - - - Solano - - - - - - - - - Sonoma - - - - - - - - - - Stanislaus - - - - - - - - - - Sutter - - - - - - - - - - Tehama - - - - - - - - - - Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - - - - - - - - - - Ventura 2 - - - - - - - - 2 Yolo - - - - - - - - - - Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 414 738 - - - - - - - 1,152 Cities - - - - - - - - - - Grand Totals 414 738 - - - - - - - 1,152 *Includes both continuing term and nonrenewal contracts. Land Conservation Act* Agricultural Conservation Other Enforceable Restriction TOTAL Participating Local Jurisdictions Page 42 TA B L E A -17 C i t y A n n e x a t i o n s 2 0 1 0 City Annexations (Acres) City Annexations (Acres) 2010 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - - - - - - - - - - Amador - - - - - - - - - - Butte - - - - - - - - - - Calaveras - - - - - - - - - - Colusa - - - - - - - - - - Contra Costa - - - - - - - - - - El Dorado - - - - - - - - - - Fresno - - - - - - - - - - Glenn - - - - - - - - - - Humboldt - - - - - - - - - - Imperial - - - - - - - - - - Kern - - - - - - - - - - Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen - - - - - - - - - - Los Angeles - - - - - - - - - - Madera 19 - - - - - - - - 19 Marin - - - - - - - - - - Mariposa - - - - - - - - - - Mendocino - - - - - - - - - - Merced - - - - - - - - - - Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey - - - - - - - - - - Napa - - - - - - - - - - Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer - - - - - - - - - - Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento - - - - - - - - - - San Benito - - - - - - - - - - San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin 125 - - - - - - - - 125 San Luis Obispo - - - - - - - - - - San Mateo - - - - - - - - - - Santa Barbara - - - - - - - - - - Santa Clara - - - - - - - - - - Santa Cruz - - - - - - - - - - Shasta - - - - - - - - - - Sierra - - - - - - - - - - Siskiyou - - - - - - - - - - Solano - - - - - - - - - - Sonoma - - - - - - - - - - Stanislaus 665 10 - - - - - - - 675 Sutter - - - - - - - - - - Tehama - - - - - - - - - - Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - - - - - - - - - - Ventura - - - - - - - - - - Yolo - - - - - - - - - - Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 809 10 - - - - - - - 818 Cities - - - - - - - - - - Grand Totals 809 10 - - - - - - - 818 *Includes both continuing term and nonrenewal contracts. Participating Local Jurisdictions Land Conservation Act* Agricultural Conservation Other Enforceable Restriction TOTAL Page 43 TA B L E A -18 C i t y A n n e x a t i o n s 2 0 1 1 City Annexations (Acres) 2011 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda - - - - - - - - - - Amador - - - - - - - - - - Butte - - - - - - - - - - Calaveras - - - - - - - - - - Colusa - - - - - - - - - - Contra Costa - - - - - - - - - - El Dorado - - - - - - - - - - Fresno - - - - - - - - - - Glenn - - - - - - - - - - Humboldt - - - - - - - - - - Imperial - - - - - - - - - - Kern - - - - - - - - - - Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen - - - - - - - - - - Los Angeles - - - - - - - - - - Madera - - - - - - - - - - Marin - - - - - - - - - - Mariposa - - - - - - - - - - Mendocino - - - - - - - - - - Merced - - - - - - - - - - Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey - - - - - - - - - - Napa - - - - - - - - - - Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer - - - - - - - - - - Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento - - - - - - - - - - San Benito - - - - - - - - - - San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin - - - - - - - - - - San Luis Obispo - - - - - - - - - - San Mateo - - - - - - - - - - Santa Barbara - - - - - - - - - - Santa Clara - - - - - - - - - - Santa Cruz - - - - - - - - - - Shasta - - - - - - - - - - Sierra - - - - - - - - - - Siskiyou - - - - - - - - - - Solano - - - - - - - - - - Sonoma - - - - - - - - - - Stanislaus - - - - - - - - - - Sutter - - - - - - - - - - Tehama - - - - - - - - - - Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - - - - - - - - - - Ventura - - - - - - - - - - Yolo - - - - - - - - - - Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties - - - - - - - - - - Cities - - - - - - - - - - Grand Totals - - - - - - - - - - Other Enforceable Restriction TOTAL *Includes both continuing term and nonrenewal contracts. Participating Local Jurisdictions Land Conservation Act* Agricultural Conservation Page 44 TA B L E A -19 N e t A d j u s t m e n t s 2 0 1 0 Net Adjustments (Acres)Net Adjustments (Acres) 2010 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda 33 (51) - - - - - - - (17) Amador (6) (166) - - - - - - - (172) Butte 258 81 - - - - - - - 338 Calaveras - (8) - - - - - - - (8) Colusa - - - - - - - - - - Contra Costa 1 - - - - - - - - 1 El Dorado 14 (11) - - - - - - - 3 Fresno 915 403 - - (152) - - - - 1,166 Glenn - - - - - - - - - - Humboldt - (1) - - - - - - - (1) Imperial - - - - - - - - - - Kern - - - - - - - - - - Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen 473 (1,266) - - - - - - - (793) Los Angeles - - - - - - - - - - Madera 142 (119) - - - - - - - 23 Marin - - - - - - - - - - Mariposa (5) (9) - - - - - - - (14) Mendocino (35) (410) - - - - - - - (445) Merced 1,715 (2,428) - - - - - - - (714) Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey - - - - - - - - - - Napa (19) (89) - - - - - - (108) Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer 235 761 51 - - - - - - 1,047 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento 282 (182) - - - - - - - 100 San Benito (60) 364 - - - - - - - 304 San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin 563 (671) (2) - 28 (84) - - - (166) San Luis Obispo 428 71 - - - - - - - 500 San Mateo - - - - - - - - - - Santa Barbara 307 (95) - - - - (0) (0) - 211 Santa Clara - - - - - - - - - - Santa Cruz - - - - - - - - - - Shasta - - - - - - - - - - Sierra (1) 4 - - - (0) - - - 3 Siskiyou 351 (445) - - - - - - - (94) Solano (68) 110 - - - - - - - 43 Sonoma 416 (32) - - - - - - - 384 Stanislaus 2,503 (2,024) - - - - - - - 479 Sutter - - - - - - - - - - Tehama 1,523 (1,527) (123) 123 - - - - - (4) Trinity - - - - - - - - - - Tulare 58 59 - - - - - - - 117 Tuolumne - 1 - - - - - - - 1 Ventura (1) (58) 25 (3) - - - - - (37) Yolo (2,844) 1,774 - - - - - - - (1,071) Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 7,180 (5,966) (48) 119 (124) (85) (0) (0) - 1,077 Cities - - - - - - - - - - Grand Totals 7,180 (5,966) (48) 119 (124) (85) (0) (0) - 1,077 (#) is for negative adjustments Participating Local Jurisdictions Land Conservation Act* Agricultural Conservation Other Enforceable Restriction TOTAL Page 45 TA B L E A -20 N e t A d j u s t m e n t s 2 0 1 1 Net Adjustments (Acres) 2011 Farmland Security Zone* Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda (39) 159 - - - - - - - 120 Amador (91) (249) - - - - - - - (339) Butte 101 (86) - - - - - - - 16 Calaveras - - - - - - - - - - Colusa - - - - - - - - - - Contra Costa - (1) - - - - - - - (1) El Dorado - - - - - - - - - - Fresno - - - - - - - - - - Glenn - - - - - - - - - - Humboldt (47) (11) - - - - - - - (58) Imperial - - - - - - - - - - Kern 31 - - - - - - - - 31 Kings - - - - - - - - - - Lake - - - - - - - - - - Lassen 1,401 (1,401) - - - - - - - - Los Angeles - - - - - - - - - - Madera 142 (119) - - 1 (1) - - - 23 Marin - - - - - - - - - - Mariposa - (96) - - - - - - - (96) Mendocino - - - - - - - - - - Merced 317 (312) - - - - - - - 4 Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey 748 (667) 1,704 248 (1,573) (375) - - - 85 Napa 77 251 - - - - - - - 329 Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer 367 408 - - - - - - - 775 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento (8) 13 - - - - - - - 5 San Benito (5) 15 - - - - - - - 10 San Bernardino - - - - - - - - - - San Diego 40 38 - - - - - - - 78 San Joaquin 1,156 (1,026) (2) - 452 (453) - - - 127 San Luis Obispo (307) (610) - - - - - - - (917) San Mateo - - - - - - - - - - Santa Barbara 415 (334) - - - - 1 (1) - 81 Santa Clara - - - - - - - - - - Santa Cruz 1 - - - - - - - - 1 Shasta - - - - - - - - - - Sierra - (1) - - - - - - - (1) Siskiyou 131 (109) - - - - - - - 22 Solano (42) 18 - - - - - (0) - (24) Sonoma 153 (213) - - - - - - - (60) Stanislaus - - - - - - - - - - Sutter - - - - - - - - - - Tehama (11) 6 5 (5) 125 (125) - - - (5) Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - (22) - - - - - - - (22) Ventura 116 (135) - - - - - - - (18) Yolo (42,394) (19,465) - - - - - - - (61,859) Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties (37,748) (23,948) 1,707 243 (995) (954) 1 (1) - (61,696) Cities - - - - - - - - - - Grand Totals (37,748) (23,948) 1,707 243 (995) (954) 1 (1) - (61,696) (#) is for negative adjustments *Includes both continuing term and nonrenewal contracts. Land Conservation Act* Agricultural Conservation Other Enforceable Restriction TOTAL Participating Local Jurisdictions Page 46 TA B L E A -21 C o n t r a c t e d L a n d N o t R e c e i v i n g T a x R e l i e f B e n e f i t s 2 0 1 0 Contracted Land not Receiving Tax Relief Benefits (Acres)*Contracted Land not Receiving Tax Relief Benefits (Acres)* 2010 Farmland Security Zone Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda 120 22,736 - - - - - - - 22,855 Amador 185 504 - - - - - - - 689 Butte - - - - - - - - - - Calaveras - - - - - - - - - - Colusa - - - - - - - - - - Contra Costa 2,432 1,119 - - - - - - - 3,551 El Dorado 158 131 - - - - - - - 289 Fresno 20,364 - - - - - - - - 20,364 Glenn - - - - - - - - - - Humboldt - - - - - - - - - - Imperial - - - - - - - - - - Kern - - - - - - - - - - Kings 67,971 12,740 - - - - - - - 80,711 Lake - - - - - - - - - - Lassen 1,544 4,520 - - - - - - - 6,064 Los Angeles - - - - - - - - - - Madera 27,141 3,978 - - - - - - - 31,119 Marin - - - - - - - - - - Mariposa - - - - - - - - - - Mendocino - - - - - - - - - - Merced - - - - - - - - - - Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey 41,415 34,092 - - - - - - - 75,506 Napa 7,873 10,317 - - - - - - - 18,190 Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer 3,581 730 - - - - - - - 4,311 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento - - - - - - - - - - San Benito 3,679 3,999 - - - - - - - 7,678 San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin 3,153 10,677 - - - - - - - 13,830 San Luis Obispo 4,347 7,375 - - - - - - - 11,722 San Mateo - - - - - - - - - - Santa Barbara 21,975 8,179 - - - - - - - 30,153 Santa Clara - - - - - - - - - - Santa Cruz 1,211 1,307 - - - - - - - 2,517 Shasta - 53 - - - - - - - 53 Sierra 97 1,064 - - - - - - - 1,161 Siskiyou 12 467 - - - - - - - 479 Solano 3,283 22,803 - - - - - - - 26,085 Sonoma - - - - - - - - - - Stanislaus 52,189 9,742 - - - - - - - 61,931 Sutter - - - - - - - - - - Tehama 14,935 6,102 - - - - - - - 21,037 Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - 16,523 - - - - - - - 16,523 Ventura - - - - - - - - - - Yolo 38,228 16,259 - - - - - - - 54,487 Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 315,891 195,415 - - - - - - - 511,306 Cities - - - - - - - - - - Grand Totals 315,891 195,415 - - - - - - - 511,306 *Land assessed at a lower value for property taxes under Revenue and Taxation Code Section 110.1 (Proposition 13 provisions) than under Revenue and Taxation Code Sections 423, 423.3, or 423.5 (Williamson Act valuation provisions). Participating Local Jurisdictions Land Conservation Act Agricultural Conservation Other Enforceable Restriction TOTAL Page 47 TA B L E A -22 C o n t r a c t e d L a n d N o t Re c e i v i n g T a x R e l i e f B e n e f i t s 2 0 1 1 Contracted Land not Receiving Tax Relief Benefits (Acres)* 2011 Farmland Security Zone Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda 170 20,263 - - - - - - - 20,433 Amador - - - - - - - - - - Butte - - - - - - - - - - Calaveras - - - - - - - - - - Colusa - - - - - - - - - - Contra Costa 2,432 799 - - - - - - - 3,231 El Dorado 208 212 - - - - - - - 420 Fresno 20,364 - - - - - - - - 20,364 Glenn - - - - - - - - - - Humboldt - - - - - - - - - - Imperial - - - - - - - - - - Kern - - - - - - - - - - Kings 57,148 14,136 - - - - - - - 71,285 Lake - - - - - - - - - - Lassen 1,800 4,503 - - - - - - - 6,303 Los Angeles - - - - - - - - - - Madera 29,227 4,797 - - - - - - - 34,024 Marin - - - - - - - - - - Mariposa - - - - - - - - - - Mendocino - - - - - - - - - - Merced - - - - - - - - - - Modoc - - - - - - - - - - Mono - - - - - - - - - - Monterey 41,661 35,403 - - - - - - - 77,064 Napa 9,240 9,003 - - - - - - - 18,243 Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer 665 3,280 - - - - - - - 3,945 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento - - - - - - - - - - San Benito 3,798 1,937 - - - - - - - 5,735 San Bernardino - - - - - - - - - - San Diego - - - - - - - - - - San Joaquin 3,153 10,677 - - - - - - - 13,830 San Luis Obispo - - - - - - - - - - San Mateo - - - - - - - - - - Santa Barbara 21,382 8,262 - - - - - - - 29,644 Santa Clara - - - - - - - - - - Santa Cruz 1,109 360 - - - - - - - 1,470 Shasta 131 - - - - - - - 131 Sierra 232 2,124 - - - - - - - 2,356 Siskiyou 21 467 - - - - - - - 488 Solano 4,244 22,752 - - - - - - - 26,996 Sonoma - - - - - - - - - - Stanislaus - - - - - - - - - - Sutter - - - - - - - - - - Tehama 13,751 5,355 - - - - - - - 19,106 Trinity - - - - - - - - - - Tulare - - - - - - - - - - Tuolumne - 15,607 - - - - - - - 15,607 Ventura - - - - - - - - - - Yolo 57,234 4,000 - - - - - - - 61,234 Cities Camarillo - - - - - - - - - - Hayward - - - - - - - - - - Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto - - - - - - - - - - Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 267,839 164,070 - - - - - - - 431,909 Cities - - - - - - - - - - Grand Totals 267,839 164,070 - - - - - - - 431,909 Other Enforceable Restriction TOTAL *Land assessed at a lower value for property taxes under Revenue and Taxation Code Section 110.1 (Proposition 13 provisions) than under Revenue and Taxation Code Sections 423, 423.3, or 423.5 (Williamson Act valuation provisions). Participating Local Jurisdictions Land Conservation Act Agricultural Conservation Page 48 TA B L E A -23 A c r e s E l i g i b l e f o r O p e n S p a c e S u b v e n t i o n P a y m e n t s 2 0 1 0 Acres Eligible for Open Space Subvention Payment Acres Eligible for Open Space Subvention Payment 2010 Farmland Security Zone Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda 2,406 108,431 - - - - - - - 110,837 Amador 5,008 84,327 - - - - - 360 - 89,695 Butte 112,216 95,235 - - - - - - - 207,452 Calaveras 442 134,331 - - - - - - - 134,773 Colusa 64,275 193,689 15,989 737 41,015 2,035 - - - 317,739 Contra Costa 6,681 33,433 - - - - - - - 40,114 El Dorado 2,110 30,440 - - 5 180 - - - 32,735 Fresno 942,147 479,294 - - 25,799 3,482 - - - 1,450,722 Glenn 62,375 265,972 14,112 500 73,600 2,226 - - - 418,786 Humboldt 5,072 193,708 - - 236 31 - - - 199,045 Imperial 113,463 3,103 - - - - - - - 116,567 Kern 579,933 881,688 25,176 - 133,751 - - - - 1,620,549 Kings 202,727 97,778 28,851 227 248,090 10,642 - - - 588,315 Lake - - - - - - - - - - Lassen 13,512 293,699 546 34 11,229 7,694 - - - 326,714 Los Angeles - - - - - - - - 40,031 40,031 Madera 158,618 252,334 13,819 362 46,334 2,111 328 - - 473,905 Marin 1,607 83,864 - - 290 17,217 - - - 102,979 Mariposa - 185,501 - - - - - - - 185,501 Mendocino 35,019 450,779 - - - - - - - 485,798 Merced 252,896 208,866 - - - - - - - 461,761 Modoc 17,764 109,601 - - - - - - - 127,365 Mono 13,310 - - - - - - - - 13,310 Monterey 7,894 627,192 28,551 2,767 12,728 5,484 524 6 2,613 687,759 Napa 10,273 41,111 - - - - - - - 51,385 Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer 7,853 20,095 51 - - 1,645 - - - 29,645 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento 86,616 83,449 - - - - - - - 170,065 San Benito 47,072 521,287 - - - - - - - 568,359 San Bernardino 1,915 1,493 - - - - - - - 3,408 San Diego 4,670 56,212 - - - - - - - 60,882 San Joaquin 288,998 131,472 15,215 79 34,156 10,550 - - - 480,470 San Luis Obispo 82,568 680,722 576 79 55 64 - - - 764,064 San Mateo - - - - - - - - - - Santa Barbara 50,217 419,404 - - 133 - 177 5,359 - 475,291 Santa Clara 8,696 281,969 - - - - - - - 290,665 Santa Cruz 1,511 11,558 82 32 - 10 - 63 - 13,256 Shasta 23,702 163,353 - - - - - - - 187,054 Sierra 1,821 31,837 - 1,751 - 3,980 - - - 39,388 Siskiyou 95,653 322,855 - - - - - - - 418,508 Solano 115,555 120,822 - - - - 1,939 2,888 - 241,203 Sonoma 42,914 224,732 - - - - - - - 267,646 Stanislaus 203,616 336,098 - - - - - - - 539,714 Sutter 51,256 13,165 - - - - - - - 64,420 Tehama 36,007 709,010 2,687 2,607 1,133 4,799 - - - 756,243 Trinity - - - - - - - - - - Tulare 566,964 512,428 11,102 50 - - - - 686 1,091,230 Tuolumne - 103,944 - - - - - - - 103,944 Ventura 46,891 76,624 1,599 676 428 238 - - - 126,457 Yolo 196,223 156,855 158 1 - - 200 7 - 353,444 Cities Camarillo - - - - - - - - - - Hayward - 812 - - - - - - - 812 Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto 148 268 - - - - - - - 416 Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 4,570,468 9,833,760 158,513 9,901 628,982 72,390 3,168 8,682 43,330 15,329,193 Cities 148 1,080 - - - - - - - 1,228 Grand Totals 4,570,616 9,834,840 158,513 9,901 628,982 72,390 3,168 8,682 43,330 15,330,421 Participating Local Jurisdictions Land Conservation Act Agricultural Conservation Other Enforceable Restriction TOTAL Page 49 TA B L E A -24 A c r e s E l i g i b l e f o r O p e n S p a c e S u b v e n t i o n P a y m e n t s 2 0 1 1 Acres Eligible for Open Space Subvention Payment 2011 Farmland Security Zone Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda 2,309 111,703 - - - - - - - 114,012 Amador 5,490 85,007 - - - - - 360 - 90,857 Butte 112,201 95,319 - - - - - - - 207,521 Calaveras 445 136,356 - - - - - - - 136,801 Colusa 64,275 193,689 15,989 737 40,628 2,035 - - - 317,352 Contra Costa 6,681 33,631 - - - - - - - 40,312 El Dorado 2,060 30,359 - - 5 180 - - - 32,604 Fresno 942,147 479,294 - - 25,799 3,482 - - - 1,450,722 Glenn 62,539 268,564 14,112 500 73,600 2,226 - - - 421,541 Humboldt 5,287 193,917 - - 504 193 - - - 199,900 Imperial 6,188 (6,868) - - - - - - - (680) Kern 579,092 880,088 25,176 - 133,751 - - - - 1,618,108 Kings 213,594 96,382 28,851 227 248 10,642 - - - 349,944 Lake - - - - - - - - - - Lassen 14,626 292,171 546 34 11,239 7,684 - - - 326,300 Los Angeles - - - - - - - - 40,031 40,031 Madera 156,828 251,396 13,819 362 46,335 2,110 328 - - 471,177 Marin 1,607 83,864 - - 290 17,217 - - - 102,979 Mariposa - 182,700 - - - - - - - 182,700 Mendocino - - - - - - - - - - Merced 252,919 208,538 - - - - - - - 461,457 Modoc - - - - - - - - - - Mono 13,310 - - - - - - - 129 13,439 Monterey 6,643 636,242 34,820 3,665 11,156 5,109 524 6 2,613 700,777 Napa 8,960 42,790 - - - - - - - 51,750 Nevada - - - - - - - - - Orange - - - - - - - - - - Placer 11,066 18,041 51 - - 1,645 - - - 30,804 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento 85,720 83,366 - - - - - - - 169,086 San Benito 46,947 523,362 - - - - - - - 570,309 San Bernardino 1,914 1,493 - - - - - - - 3,407 San Diego 4,676 56,307 - - - - - - - 60,983 San Joaquin 289,680 130,443 15,213 79 34,608 10,098 - - - 480,121 San Luis Obispo 86,993 688,062 576 79 55 64 - - - 775,828 San Mateo - - - - - - - - - - Santa Barbara 51,518 419,169 - - 133 - 178 5,358 - 476,356 Santa Clara 8,533 245,155 - - - - 286 - - 253,975 Santa Cruz 1,614 12,505 82 32 - 10 279 63 - 14,584 Shasta 23,702 163.277.15 - - - - - - - 23,702 Sierra 1,686 30,775 - 1,751 - 3,980 - - - 38,192 Siskiyou 95,775 322,746 - - - - - - - 418,521 Solano 114,551 120,764 - - - - 1,939 2,924 - 240,178 Sonoma 43,105 224,697 - - - - - - - 267,803 Stanislaus - - - - - - - - - Sutter 51,256 13,165 - - - - - - - 64,420 Tehama 36,912 710,472 2,692 2,602 1,315 4,918 - - - 758,912 Trinity - - - - - - - - - - Tulare 566,325 509,322 11,102 50 - - - - 686 1,087,484 Tuolumne 104,744 - - - - - - - 104,744 Ventura 46,877 76,329 1,697 720 428 238 - - - 126,289 Yolo 134,691 149,613 158 1 - - 200 7 - 284,669 Cities Camarillo - - - - - - - - - - Hayward - 812 - - - - - - - 812 Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto 148 268 - - - - - - - 416 Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 4,160,742 8,735,669 164,882 10,838 380,093 71,832 3,734 8,718 43,459 13,579,967 Cities 148 1,080 - - - - - - - 1,228 Grand Totals 4,160,890 8,736,750 164,882 10,838 380,093 71,832 3,734 8,718 43,459 13,581,194 Land Conservation Act Agricultural Conservation Other Enforceable Restriction TOTAL Participating Local Jurisdictions Page 50 TA B L E A -25 O p e n S p a c e S u b v e n t i o n A c t P a y m e n t C l a i m s 2 0 1 0 2010 Farmland Security Zone Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda 12,032 108,431 - - - - - - - 120,463 Amador 25,040 84,327 - - - - - 360 - 109,727 Butte 561,082 95,235 - - - - - - - 656,317 Calaveras 2,213 134,331 - - - - - - - 136,544 Colusa 321,375 193,689 127,911 5,893 205,077 2,035 - - - 855,979 Contra Costa 33,405 33,433 - - - - - - - 66,838 El Dorado 10,550 30,440 - - 25 180 - - - 41,195 Fresno 4,710,735 479,294 - - 128,993 3,482 - - - 5,322,505 Glenn 311,877 265,972 112,898 4,003 367,998 2,226 - - - 1,064,974 Humboldt 25,358 193,708 - - 1,178 31 - - - 220,273 Imperial 567,317 3,103 - - - - - - - 570,420 Kern 2,899,666 881,688 201,411 - 668,755 - - - - 4,651,520 Kings 1,013,636 97,778 230,805 1,817 1,240,451 10,642 - - - 2,595,128 Lake - - - - - - - - - - Lassen 67,560 293,699 4,364 272 56,145 7,694 - - - 429,734 Los Angeles - - - - - - - - 40,031 40,031 Madera 793,089 252,334 110,553 2,893 231,671 2,111 1,639 - - 1,394,289 Marin 8,037 83,864 - - 1,450 17,217 - - - 110,568 Mariposa - 185,501 - - - - - - - 185,501 Mendocino 175,096 450,779 - - - - - - - 625,875 Merced 1,264,479 208,866 - - - - - - - 1,473,345 Modoc 88,820 109,601 - - - - - - - 198,420 Mono 66,548 - - - - - - - - 66,548 Monterey 39,469 627,192 228,409 22,134 63,642 5,484 2,622 6 2,613 991,571 Napa 51,367 41,111 - - - - - - - 92,478 Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer 39,267 20,095 410 - - 1,645 - - - 61,418 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento 433,080 83,449 - - - - - - - 516,529 San Benito 235,360 521,287 - - - - - - - 756,647 San Bernardino 9,573 1,493 - - - - - - - 11,067 San Diego 23,350 56,212 - - - - - - - 79,562 San Joaquin 1,444,990 131,472 121,721 632 170,780 10,550 - - - 1,880,145 San Luis Obispo 412,840 680,722 4,605 628 275 64 - - - 1,099,135 San Mateo - - - - - - - - - - Santa Barbara 251,087 419,404 - - 666 - 885 5,359 - 677,401 Santa Clara 43,480 281,969 - - - - - - - 325,449 Santa Cruz 7,555 11,558 653 258 - 10 - 63 - 20,097 Shasta 118,509 163,353 - - - - - - - 281,861 Sierra 9,105 31,837 - 14,005 - 3,980 - - - 58,927 Siskiyou 478,267 322,855 - - - - - - - 801,122 Solano 577,773 120,822 - - - - 9,694 2,888 - 711,176 Sonoma 214,568 224,732 - - - - - - - 439,301 Stanislaus 1,018,082 336,098 - - - - - - - 1,354,180 Sutter 256,280 13,165 - - - - - - - 269,444 Tehama 180,037 709,010 21,493 20,858 5,663 4,799 - - - 941,860 Trinity - - - - - - - - - Tulare 2,834,822 512,428 88,813 400 - - - - 686 3,437,149 Tuolumne - 103,944 - - - - - - - 103,944 Ventura 234,456 76,624 12,794 5,411 2,140 238 - - - 331,664 Yolo 981,113 156,855 1,265 8 - - 998 7 - 1,140,246 Cities Camarillo - - - - - - - - - - Hayward - 812 - - - - - - - 812 Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto 738 268 - - - - - - - 1,006 Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 22,852,343 9,833,760 1,268,103 79,211 3,144,909 72,390 15,838 8,682 43,330 37,318,566 Cities 738 1,080 - - - - - - - 1,818 Grand Totals 22,853,081 9,834,840 1,268,103 79,211 3,144,909 72,390 15,838 8,682 43,330 37,320,384 Land Conservation Act Agricultural Conservation Easement Other Enforceable Restriction TOTAL Open Space Subvention Act Payment Claims ($) Participating Local Jurisdictions Page 51 TA B L E A -26 O p e n S p a c e S u b v e n t i o n A c t P a y m e n t C l a i m s 2 0 1 1 2011 Farmland Security Zone Urban Non-Urban Prime Nonprime Prime Nonprime Prime Nonprime Prime Nonprime Counties Alameda 11,547 111,703 - - - - - - - 123,250 Amador 27,449 85,007 - - - - - 360 - 112,816 Butte 561,006 95,319 - - - - - - - 656,326 Calaveras 2,226 136,356 - - - - - - - 138,582 Colusa 321,375 193,689 127,911 5,893 203,139 2,035 - - - 854,041 Contra Costa 33,405 33,631 - - - - - - - 67,036 El Dorado 10,298 30,359 - - 25 180 - - - 40,862 Fresno 4,710,735 479,294 - - 128,993 3,482 - - - 5,322,505 Glenn 312,694 268,564 112,898 4,003 367,998 2,226 - - - 1,068,383 Humboldt 26,433 193,917 - - 2,518 193 - - - 223,061 Imperial 30,939 (6,868) - - - - - - - 24,071 Kern 2,895,462 880,088 201,411 - 668,755 - - - - 4,645,715 Kings 1,067,971 96,382 230,805 1,817 1,240,134 10,642 - - - 2,647,750 Lake - - - - - - - - - - Lassen 73,129 292,171 4,364 272 56,195 7,684 - - - 433,815 Los Angeles - - - - - - - - 40,031 40,031 Madera 784,140 251,396 110,553 2,893 231,676 2,110 1,639 - - 1,384,406 Marin 8,037 83,864 - - 1,450 17,217 - - - 110,568 Mariposa - 182,700 - - - - - - - 182,700 Mendocino - - - - - - - - - - Merced 1,264,593 208,538 - - - - - - - 1,473,131 Modoc - - - - - - - - - - Mono 66,548 - - - - - - 129 66,677 Monterey 33,213 636,242 278,557 29,320 55,778 5,109 2,622 6 2,613 1,043,459 Napa 44,798 42,790 - - - - - - - 87,588 Nevada - - - - - - - - - - Orange - - - - - - - - - - Placer 55,332 18,041 410 - - 1,645 - - - 75,428 Plumas - - - - - - - - - - Riverside - - - - - - - - - - Sacramento 428,600 83,366 - - - - - - - 511,966 San Benito 234,735 523,362 - - - - - - - 758,097 San Bernardino 9,573 1,493 - - - - - - - 11,067 San Diego 23,380 56,307 - - - - - - - 79,687 San Joaquin 1,448,401 130,443 121,705 632 173,038 10,098 - - - 1,884,317 San Luis Obispo 434,965 688,062 4,605 628 275 64 - - - 1,128,599 San Mateo - - - - - - - - - - Santa Barbara 257,591 419,169 - - 666 - 889 5,358 - 683,673 Santa Clara 42,665 245,155 - - - - 1,431 - - 289,251 Santa Cruz 8,068 12,505 653 258 - 10 1,396 63 - 22,951 Shasta 118,509 163,277 - - - - - - - 281,786 Sierra 8,430 30,775 - 14,005 - 3,980 - - - 57,191 Siskiyou 478,875 322,746 - - - - - - - 801,621 Solano 572,757 120,764 - - - - 9,694 2,924 - 706,139 Sonoma 215,527 224,697 - - - - - - - 440,224 Stanislaus - - - - - - - - - - Sutter 256,280 13,165 - - - - - - - 269,444 Tehama 184,562 710,472 21,533 20,817 6,577 4,918 - - - 948,880 Trinity - - - - - - - - - - Tulare 2,831,126 509,322 88,813 400 - - - - 686 3,430,347 Tuolumne - 104,744 - - - - - - - 104,744 Ventura 234,386 76,329 13,575 5,758 2,140 238 - - - 332,425 Yolo 673,455 149,613 1,265 8 - - 998 7 - 825,345 Cities Camarillo - - - - - - - - - - Hayward - 812 - - - - - - - 812 Menlo Park - - - - - - - - - - Newark - - - - - - - - - - Palo Alto 738 268 - - - - - - - 1,006 Perris - - - - - - - - - - Redlands - - - - - - - - - - Totals Counties 20,803,213 8,898,947 1,319,057 86,702 3,139,357 71,832 18,668 8,718 43,459 34,389,952 Cities 738 1,080 - - - - - - - 1,818 Grand Totals 20,803,951 8,900,027 1,319,057 86,702 3,139,357 71,832 18,668 8,718 43,459 34,391,770 Open Space Subvention Act Payment Claims ($) Land Conservation Act Agricultural Conservation Easement Other Enforceable Restriction TOTAL Participating Local Jurisdictions Page 52 Appendix B Open Space Subvention Act Inflation-Adjusted Expenditures 1971-2010 Page 53 California Fiscal Year Annual Open Space Subvention Expenditures Consumer Price Index Annual Inflation- Adjusted Open Space Subvention Expenditures Cumulative Open Space Subvention Expenditures Cumulative Inflation- Adjusted Open Space Subvention Expenditures Notes ($ millions)(1)($ millions)($ millions)($ millions) 1971 0.00 5.38 0.00 0.00 0.00 1972 8.80 5.22 45.95 8.80 45.95 1973 9.68 4.91 47.55 18.49 93.50 1974 10.54 4.42 46.58 29.03 140.08 1975 11.37 4.05 46.06 40.40 186.14 1976 12.17 3.83 46.60 52.56 232.74 1977 12.60 3.60 45.38 65.17 278.11 1978 12.91 3.34 43.10 78.07 321.22 1979 13.21 3.00 39.64 91.29 360.86 1980 13.24 2.65 35.08 104.53 395.94 1981 13.72 2.40 32.93 118.25 428.87 1982 13.47 2.26 30.45 131.72 459.33 1983 13.53 2.19 29.62 145.25 488.95 1984 13.97 2.10 29.34 159.22 518.29 1985 13.82 2.03 28.06 173.05 546.35 1986 14.90 1.99 29.65 187.94 576.00 1987 14.05 1.92 26.97 201.99 602.97 1988 14.47 1.84 26.62 216.46 629.59 1989 19.42 1.76 34.17 235.88 663.76 In FY 1989, $5 million in additional subvention funds were appropriated to participating jurisdictions to support agricultural land conservation in light of other demands on these jurisdictions' general purpose revenues. 1990 13.56 1.67 22.65 249.44 686.42 1991 14.14 1.60 22.63 263.58 709.05 1992 13.85 1.55 21.47 277.44 730.52 1993 35.06 1.51 52.94 312.50 783.46 In 1993, subvention payments for prime agricultural land were increased from $1 per acre to $5 per acre. Subvention payments for non-prime agricultural land were increased from 40 cents per acre to $1 per acre; $21 M in additional subvention funds were appropriated to fund these changes. 1994 34.70 1.47 51.00 347.19 834.46 1995 33.80 1.43 48.34 381.00 882.80 1996 34.84 1.39 48.43 415.84 931.23 1997 34.94 1.36 47.51 450.77 978.74 1998 35.30 1.34 47.30 486.07 1,026.05 1999 36.58 1.31 47.92 522.66 1,073.97 2000 36.59 1.27 46.47 559.24 1,120.44 2001 38.67 1.23 47.57 597.92 1,168.00 2002 39.00 1.21 47.19 636.91 1,215.19 2003 39.23 1.19 46.69 676.15 1,261.88 2004 39.21 1.15 45.09 715.36 1,306.97 2005 38.68 1.12 43.32 754.03 1,350.29 2006 38.07 1.08 41.12 792.11 1,391.41 2007 37.65 1.05 39.53 829.76 1,430.94 2008 33.85 1.01 34.19 863.60 1,465.12 2009 0.00 1.02 0.00 863.60 1,465.12 Subvention payments were reduced to $1,000 in 2009. No subvention payments were appropriated in subsequent years. 2010 0.00 1.00 0.00 863.60 1,465.12 Totals 863.60 1,465.12 863.60 1,465.12 Averages 22.73 2.09 38.56 Averages are over 38 payment years. Open Space Subvention Act Inflation-Adjusted Expenditures 1971-2010 TABLE B-1 Page 54 $0.00 $10.00 $20.00 $30.00 $40.00 $50.00 $60.00 Figure B-1 Annual Open Space Subvention Act Expenditures 1971-2010 (millions) Annual Open Space Subvention Expenditures Annual Inflation-Adjusted Open Space Subvention Expenditures $0.00 $200.00 $400.00 $600.00 $800.00 $1,000.00 $1,200.00 $1,400.00 $1,600.00 Figure B-2 Cumulative Open Space Subvention Act Expenditures 1971-2010 (millions) Cumulative Open Space Subvention Expenditures Cumulative Inflation-Adjusted Open Space Subvention Expenditures THE DEPARTMENT OF CONSERVATION MAKES NO WARRANTIES AS TO THE SUITABILITY OF THIS PRODUCT FOR ANY PARTICULAR PURPOSE. CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY October 19, 2015 The Honorable City Council Palo Alto, California Adoption of a Resolution Amending and Restating the Administrative Penalty Schedule and Civil Penalty Schedules for Certain Violations of the Palo Alto Municipal Code and the California Vehicle Code Established by Resolution Nos. 9410 and 9535 Recommendation Based on input from various City departments that exercise code enforcement responsibilities, the City Attorney’s Office recommends that the Council adopt the attached resolution amending the administrative penalty schedule to update the penalty amounts for certain violations of the Palo Alto Municipal Code. Background California Government Code section 53069.4 allows cities, by ordinance, to make any violation of its ordinances subject to an administrative fine or penalty. In 1999, the City Council adopted an ordinance amending Chapters 1.12 and 1.16 of the Palo Alto Municipal Code (“PAMC”) to establish administrative citations, penalties and remedies for Municipal Code violations. At the same time, the City Council enacted a resolution setting the administrative penalty schedule for those violations. Personnel in various City departments, including parking enforcement officers, park rangers, and planning code enforcement officers, use the civil penalty schedule as one tool that may be used to gain compliance with rules. Approximately once each year the City Attorney’s Office coordinates an update to the penalty schedule to reflect Council activity and recommendations from these departments based on their enforcement experience. The amendments generally fall into three categories: (1) establishing penalties for code sections that had not been included in previous penalty schedules; (2) adding penalties for new PAMC sections that were added to the Municipal Code since the penalty schedule was last revised, or deleting penalties for sections no longer in the PAMC; or (3) amending penalty amounts for violations of certain code provisions where departments feel changes would provide better support for their enforcement activities. The proposed changes to the penalty schedule for 2014 are shown in redline/strikeout in the attached resolution. Page 2 Discussion The City Attorney’s Office has reviewed all of the following proposed changes with the enforcing departments and supports the recommendations. A. Utilities Department In the past 12 months, the Council has adopted several resolutions pursuant to PAMC Chapter 12.20 addressing water conservation regulations related to the ongoing drought. Since staff first communicated its drought enforcement program to Council in September 2014 (Staff Report 5051, Resolution 9449), staff has established a drought regulation enforcement program. No fines have been issued to-date, and compliance has been achieved entirely through education. Since last fall, however, the drought has worsened, and staff may end up needing enforcement authority to deal with repeat or willful violators. If the $100 fine established in Resolution 9460 is insufficient to gain compliance, staff has the authority to install flow restrictors at some properties. In other cases, such as commercial properties or residential properties with fire sprinklers, a flow restrictor may be infeasible, in which case staff may be forced to rely on other fining authority. The attached resolution includes an accelerated penalty escalation schedule, including the ability to issue penalties up to $500 for a third and subsequent violations of the drought regulations adopted in Resolutions 9449, 9460, and 9509. The resolution maintains existing penalties of $500 for violation of other rules and regulations adopted pursuant to PAMC section 12.20.010. B. Public Works Department On February 2, 2015, the City Council adopted Ordinance 5300 establishing new outdoor smoking restrictions in commercial areas and outdoor dining. The ordinance declared violations to be misdemeanors and included fines of $250 for the first violation, $300 for the second violation, and $500 for the third and subsequent violations in one year. This resolution adopts these fines as administrative penalties and reflects the change in the scope of the smoking ordinance. C. City Manager’s Office On November 3, 2014, the City Council adopted Ordinance 5279 creating a business registry for the City of Palo Alto. This resolution establishes penalties for the failure to register a business and for failure to submit an application as required by PAMC Chapter 4.60. The resolution also establishes penalties for delinquent payment of the applicable registration fee. D. Miscellaneous Clerical and Administrative Changes The attached resolution includes a number of non-substantive changes to reflect code sections that have been renumbered by various ordinance over the past year. The resolution also eliminates duplicative listings to simplify enforcement and future updates to this schedule. Resource Impact Any potential revenue estimate impacts from changes in these penalties, if approved by the City Council, will be evaluated as part of the development of annual budgets and mid-year budget reviews. Page 3 Policy Implications These recommendations provide the City’s code enforcement officers with a tool they may use to enforce City rules when necessary to promote the safety and welfare of Palo Alto residents and visitors. Environmental Review Approval of penalties for violations of the PAMC is not a project subject to review under the California Environmental Quality Act. ATTACHMENTS: Attachment A: Reso Amending Administrative Penalty Schedule (PDF) Department Head: Molly Stump, City Attorney Page 4 NOT YET ADOPTED 150928 jjs 2015-09-23 1 Resolution No. ______ Resolution of the Council of the City of Palo Alto Amending and Restating the Administrative Penalty Schedule and Civil Penalty Schedules for Certain Violations of the Palo Alto Municipal Code and the California Vehicle Code Established by Resolution Nos. 9410 and 9535 The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Administrative Penalties. The administrative penalty schedule for violations of the Palo Alto Municipal Code established by Resolution No. 9410 is hereby amended and restated to read as follows: Standard penalty unless otherwise indicated below. $50 Second violation within 36 month period 150% of listed penalty (unless otherwise specified) Third & subsequent violations within 36 month period. 200% of listed penalty (unless otherwise specified) Delinquency penalty. 10% per month, simple interest, on delinquent amount 4.04.020 License or permit required. 300 4.04.100 Display of license or permit. 300 4.10.045 License fees for pushcart vendors. 300 4.10.050 Regulations for solicitors and peddlers. 350 4.10.055 Identification cards for solicitors. 250 4.10.057 Regulations for pushcart vendors. 300 4.10.070 License required - circus etc. 300 4.10.120 Arcade prohibited. 250 4.10.200 Pawn brokers prohibited. 250 4.10.230 Daily report of second hand dealers. 250 4.10.240 Maintaining reports - second hand dealers. 250 4.10.260 Failure to make report - second hand dealers. 250 4.10.270 Second hand goods held for inspection. 250 4.18.040 Unlawful dog or cat kennel. 250 4.30.010 Soliciting without a permit. 250 4.30.100 Conduct of solicitations. 250 4.32.020 Soliciting without a permit. 250 4.32.060 Investigation of records of solicitor. 250 4.32.090 Acts required during solicitation. 250 4.32.100 Restriction of solicitation. 250 4.32.110 Hours of solicitation. 250 4.34.020 Permit required - closing out sale. 250 4.39.030 Audible alarms. 250 4.39.040 Limitation on automatic dialing devices. 250 4.39.060 Registration of alarm. 250 4.39.110 Alarm violations. 100 4.42.020 Certificate of public convenience. 1000 4.42.085 Controlled substance and alcohol testing. 500 4.42.090 Taxi owners permit. 250 4.42.100 Taxi driver’s permit expired. 250 4.42.130(b) Taxi driver’s permit not displayed. 250 4.42.160 Unauthorized pickup of passengers. 250 NOT YET ADOPTED 150928 jjs 2015-09-23 2 4.42.190 Taximeters. 500 4.42.200 Taxi cab operating regulations. 250 4.42.210(a) Interference with inspection. 500 4.42.210(b) Inspection of vehicles. 500 4.42.220 Operating regulations. 500 4.42.230 Maintenance of vehicles. 500 4.51.030 License required - bingo. 250 4.51.050 Minors restricted - bingo. 50 4.51.080 Staffing and operations - bingo. 250 4.51.110 Physical presence required - bingo. 250 4.52.020 License required - billiards and bowling. 1000 4.52.040 Minors restricted - billiards and bowling. 250 4.52.060 Offensive conduct - billiards and bowling. 250 4.52.070 Interference w/emerg. Access -billiards/bowling. 250 4.54.030(a) Permit required - massage establishment. 1000 4.54.060(a) Permit required - massage tech. 250 4.54.110 Massage establishment facilities. 250 4.54.130 Business name - massage. 250 4.55.030 License required - adult entertainment. 1000 4.56.030 License required - hot tub and sauna. 1000 4.56.060 Employee permit required - hot tub and sauna. 250 4.56.100 Hot tub/sauna establishment and operations. 250 4.56.120 Business name - hot tub and sauna. 250 4.56.150 Display of permit - hot tub and sauna. 250 4.56.200 Employment of persons < 18 - hot tub and sauna. 250 4.57.020 Permit required - firearms sales. 1000 4.57.095 Firearms dealers – business and security. 500 4.58.020 Minors restricted - narcotics paraphernalia shop. 750 4.58.030 Regulations - narcotics paraphernalia shop. 750 4.59.010 Pet shop requirements. 250 4.59.020 Pet shop sanitation. 250 4.59.030 Pet shop food. 250 4.59.040 Pet shop notification. 250 4.59.050 Pet shop - sale of dangerous or wild animals. 250 4.59.070 Dead animals. 250 4.59.080 Permit required - pet shop and kennel. 250 4.59.090 Permit required - grooming shop. 250 4.59.095 Sales of kittens and puppies. 250 4.59.100 Sales of raccoons. 250 4.59.105 Sales of rabbits, chicks, ducklings. 250 4.60.030 Business registration required 250 4.60.060 Business registry application required 250 4.60.120(a) Business registry fee delinquency 50% of registry fee if 1-30 days late 100% of fee or 31+ days late 5.12.010 Permit required - refreshment stand. 250 5.20.030 Discarding solid waste. 100 5.20.040 Accumulation of garbage. 250 5.20.050 Unauthorized bins, boxes, containers-first violation. 500 Second and subsequent violations. 1000 5.20.080 Number of containers required. 250 5.20.130 Maintenance of bins and boxes- first violation. 250 Second and subsequent violations. 500 5.20.160 Spillage or leakage of solid waste. 250 5.20.180 No accumulation of solid waste. 250 5.20.190 No burning, burial, or dumping of solid waste. 250 NOT YET ADOPTED 150928 jjs 2015-09-23 3 5.20.200 Hazardous waste. 500 5.20.220 Scavenging prohibited. 100 5.20.230 No trespassing in city landfill. 250 5.30.020 Polystyrene & Non-Recyclable Plastic. 500 5.35.020 Bags at retail establishments. 500 5.35.030 Bags at supermarkets. 500 6.08.020(b) Interference with animal control officer. 250 6.16.010 No dog license. 50 6.16.080 Number of dogs allowed. 100 6.16.100 Leash Law. 100 6.20.010 Animals at large. 100 6.20.020 Animals on unenclosed premises. 100 6.20.030 Animals kept in enclosures. 100 6.20.035 Tying animals to bicycle racks or trees. 100 6.20.040 Nuisance on sidewalk. 100 6.20.045 Animal waste removal - first offense. 25 6.20.045 Animal waste removal - second offense. 50 6.20.045 Animal waste removal - third offense. 125 6.20.055 Animals in vehicles. 250 6.20.060 Bees close to property line. 100 6.20.080 Permit required - livestock. 100 6.20.090 Maintaining birds, goats, pigs and rabbits. 100 6.20.110 Number of cats kept. 100 6.20.120 Permit required - breeding animals. 100 6.20.130 Cat or dog in heat. 100 6.20.140 Barking dogs. 100 6.20.150 Vaccination required - animals. 100 6.20.160 Sanitary enclosures. 100 6.20.170 Slaughter of animals. 500 6.24.020 Permit required - construction of stable. 250 6.24.050 Maintenance of stable. 250 6.28.040 Possession of dangerous or wild animals. 500 6.32.010 Keeping diseased animals. 500 6.32.020 Confining animals with rabies. 500 6.32.050 Dead animals in public. 500 6.36.010 Sales of certain animals. 250 8.04.020 Permit required - tree work. 500 8.04.080 Interference with tree enforcement. 500 8.08.010 Weeds as public nuisance. 250 8.10.050 Protected trees. 500 8.10.070 Care of protected trees. 500 8.10.080(b) Development conditions. 500 9.04.010 Open container in business district. 100 9.04.020 Open container in City parking lot. 100 9.04.030 Open container near liquor store. 100 9.04.040 Social host. First violation 250 Second violation 500 Third & subsequent violation 1000 9.08.010 Discharge of firearms/fireworks. 1000 9.09.010(a) Urinating/defecating on street or public place. 250 9.09.010(b) Igniting or maintaining outdoor fire. 250 9.10.030 Residential property noise limits. 100 9.10.040 Commercial property noise limits. 100 9.10.050 Public property noise limits. 100 9.10.060(b) Construction noise signs. 250 NOT YET ADOPTED 150928 jjs 2015-09-23 4 9.10.060(c) Construction noise. 250 9.10.060(d) Construction equipment noise. 100 9.10.060(e) Residential power equipment noise. 100 9.10.060(f) Leaf blower noise- first violation. 100 Leaf blower noise- second violation 150 Leaf blower noise- third and subsequent violation 300 9.10.060(g) Street sweeping noise. 100 9.10.060(h) Refuse collection noise. 100 9.10.060(i) Safety device noise. 100 9.10.060(k) Public parking lot cleaning noise. 100 9.10.060(l) Business district street cleaning noise. 100 9.12.010 Loudspeakers. 150 9.14.020 Smoking prohibited - public enclosed places. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.025 Smoking prohibited - service locationsunenclosed areas. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.030 Smoking prohibited - city cars. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.035 Smoking prohibited – public parks and public events 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.040 Smoking prohibited - child care facilities. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.050 Smoking prohibited -– restaurantscommercial areas and public events. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.080 Location of tobacco vending machines. 1000 9.14.090 Display of tobacco products. 500 9.14.100 Failure to post “No Smoking” signs. 50 9.22.010 Impersonating public officials. 500 9.26.020 False representation as police officer. 250 9.28.010 Hotel guest register required. 250 9.28.020 Use of false name by hotel guest. 50 9.40.020 Landing aircraft at other than airport. 1000 9.44.010 Solicitation prohibited - public parking lot. 100 9.48.010 Displaying goods on sidewalk. 50 9.48.025 Sitting or lying on University Avenue sidewalks. 100 9.48.030 Operation of sidewalk elevator. 500 9.48.040 Throwing rubbish on streets. 250 9.48.050 Obligation to clean sidewalk. 200 9.50.010 Graffiti prohibited on public property. 500 9.56.030 Abatement of public nuisance. 500 unless otherwise specified 9.56.030(a)(5) Thirty-five foot site triangle. 200 9.56.030(a)(8) Foliage/branch obstruction. 200 9.56.030(a)(10) Excessive planting strip vegetation height. 150 9.60.030 Blocking entrances to City Hall. 500 9.60.050 Placing signs or climbing on City Hall. 500 9.60.060 Bicycles and skateboards at City Hall. 50 9.60.070 Alcoholic beverages prohibited - City Hall. 100 NOT YET ADOPTED 150928 jjs 2015-09-23 5 9.64.010 Overnight use of community facilities 250 9.74.030 Discrimination in housing. 250 9.78.020 Mosquito breeding places. 500 9.79.100 News rack violations. 100 12.08.010 Permit required - public right of way. 500 12.08.100 Removal of City Engineer monuments. 500 12.12.010 Building on public easement without permit. 1000 12.16.030 Overhead wires in underground districts. 500 12.16.090 Property owner responsibility. 500 12.20.010 Utility rules and regulations 500 unless otherwise specified 12.20.010 Emergency water conservation regulations 100 (2nd violation in 1 year: $250; (Reso. Nos. 9509, 9460, 9449) 3rd and subsequent violations in 1 year: $500) 12.20.020 Providing false information to City Utilities. 500 12.32.010 Water use regulation. 100 15.04.110 Violations of Uniform Fire Code. 500 unless otherwise specified 15.04.012 Failure to abate a hazard. 1000 16.04.010 Violations of California Building Code as amended. 500 16.04.020 Violations of Building Code Appendix Chapters. 500 16.05.010 Violations of California Mechanical Code as amended500 16.05.020 Violations of Mechanical Code Chapters B, C, D. 500 16.06.010 Violations of California Residential Code as amended.500 16.06.020 Violations of Residential Code Appendix Chapters. 500 16.08.010 Violations of California Plumbing Code as amended. 500 16.08.020 Violations of Plumbing Code Appendix Chapters. 500 16.09.030 Limitations on point of discharge. 1000 16.09.035 General Discharge Prohibitions. 1000 16.09.040 Specific Discharge Prohibition - Standards. 1000 16.09.045 Additional Copper Limitations for Industrial Waste. 1000 16.09.050 Grease Disposal Prohibited. 1000 16.09.055 Prohibited Discharge of Unpolluted Water. 1000 16.09.065 Best Management Practices (BMPs). 1000 16.09.070 Trucker's Discharge Permit. 1000 16.09.075 Food Service Establishment Requirements. 1000 16.09.080 Industrial Waste Discharge Permit Required. 1000 16.09.085 Modification, Suspension or Revocation of Industrial Wastes Discharge. 1000 16.09.090 Requirements for Facilities Affected by National Pretreatment Standards. 1000 16.09.105 Waste Sampling Locations. 1000 16.09.110 Discharger Monitoring. 1000 16.09.115 Prohibition against Dilution. 1000 16.09.120 Discharger Self-Monitoring. 1000 16.09.125 Maintenance and Operation of Pollution Control and Monitoring Equipment. 1000 16.09.130 Compliance with the Pretreatment Requirements. 1000 16.09.135 Reporting Requirements for all Permitted Dischargers.1000 16.09.140 Requirements for Reporting Noncompliance, Increased Loading, Slug Discharges, Accidental Discharges. 1000 16.09.145 Certification of Reports. 1000 16.09.150 Falsification of Information. 1000 16.09.160 Retention of Records. 1000 16.09.165 Storm Drain System - Prohibited Discharges. 1000 16.09.170 Requirements for Construction Operations. 1000 NOT YET ADOPTED 150928 jjs 2015-09-23 6 16.09.175 General Prohibitions and Practices. 1000 16.09.180 Requirements for Newly Constructed, Remodeled or Converted Multi-Residential, Commercial and Industrial Facilities. 1000 16.09.185 Personnel Orientation. 1000 16.09.190 Accidental Discharges Prevention. 1000 16.09.195 Storage of Hazardous Materials Above Sinks. 1000 16.09.200 Zinc Containing Floor Finishes. 1000 16.09.205 Requirements for Cooling Systems, Pools, Spas, Fountains, Boilers and Heat Exchangers. 1000 16.09.210 Root and Pest Control Chemicals. 1000 16.09.215 Requirements for Photographic Materials Processing.1000 16.09.220 Requirements for Dental Facilities that Remove or Place Amalgam Fillings. 1000 16.09.225 Requirements for Vehicle Service Facilities. 1000 16.09.230 Requirements for Machine Shops. 1000 16.10.020 Construction of private sewer system. 750 16.10.050 Permit required - private sewage system. 500 16.14.010040 Violations of California Green Building 500 Standards Code as amended 16.14.210260 Failure to meet diversion requirements. $50 per ton of waste not diverted or $1000, whichever is greater 16.14.370 Failure to meet diversion requirements. $50 per ton of waste not diverted or $1000, whichever is greater 16.06.020 Violations of Green Building Code and 500 Appendix Chapters. 16.16.010 Violations of California Electrical Code as amended. 500 16.17.010 Violation of California Energy Code as amended. 500 16.20.020 Design review required - signs. 500 16.20.090 Prohibited signs. 250 16.20.100 Prohibited locations - signs. 250 16.20.110 Fuel price signs required. 250 16.20.210 Non-compliance with sign ordinance. 250 16.20.230 Abandoned signs. 250 16.20.250 Parking of advertising vehicles. 250 16.24.080 Fence violation. 250 16.28.060 Permit required - excavation and grading. 500 16.28.330 Protection of adjacent property. 500 16.28.340 Deposits of earth, rock, etc. 500 16.32.010 Permit required - moving a building. 250 16.36.050 Curb painting without a permit. 100 16.36.060 House numbering required. 100 16.38.020 Certificate of occupancy – community housing. 500 16.40.040 Dangerous and substandard buildings. 500 16.40.090 Non-compliance with order of building official. 500 16.40.180 Interference with repair or demolition work. 500 16.42.090 Failure to submit seismic report. 250 16.45.070 Failure to pay fee - Stanford Research Park. 250 16.46.060 Failure to pay fee - San Antonio - West Bayshore. 250 16.47.050 Failure to pay housing impact fee. 250 16.49.080 Maintenance of downtown historic structure. 500 16.49.090 Demolition of downtown historic structure. 1000 16.52.070 Construction - flood hazards. 500 16.59.090 Failure to pay fee- Citywide Transportation Impact. 250 NOT YET ADOPTED 150928 jjs 2015-09-23 7 16.60.090 Failure to pay fee- Charleston/Arastradero. 250 16.621.020 Maintenance of expired building permit 200 for 31st through 60th day 400 for 61st through 120th day 800 for 121st day and thereafter 17.04.020 Violations of hazardous materials storage. 500, unless otherwise specified 17.04.030 Specific obligation - hazardous materials. 500 17.10.010 General obligation - underground storage tanks. 750 unless otherwise specified 17.10.040 Permit required - underground storage. 500 17.10.140 Financial responsibility - underground storage. 500 17.10.150 Monitoring underground storage tanks. 1000 17.10.170 Unlawful abandonment - underground storage tanks.1000 17.12.010 Permit required - hazardous materials storage. 750 17.12.020 New hazardous materials storage facilities. 750 17.12.060 Hazardous materials storage facilities. 750 17.16.010 Hazardous materials management plan. 250 17.20.010 Hazardous materials inventory statement. 250 17.24.010 Hazardous materials discharge report. 750 17.32.010 Permit required - storage of hazardous materials. 1000 18.01.080 Violation of zoning laws. 500 18.16.060(d)Hotel stay in excess of 30 days. 200 18.18.060(d)Hotel stay in excess of 30 days. 200 18.42.060(a)Incompatibility of home occupations. 200 18.42.060(b) Employees of home occupation. 200 18.42.060(c) On site advertising of home occupation. 200 18.42.060(d) Floor area of home occupation. 200 18.42.060(e) Traffic related to home occupation. 200 18.42.060(f) Home occupation as nuisance. 200 18.42.060(g) Outdoor storage related to home occupation. 200 18.42.070 Servicing vehicles in residential zone. 250 18.44.040 Green building requirements. 500 18.84.200 Temporary uses. 250 22.04.030 Compliance with park rules. 250 22.04.040 Failure to obtain use permit. 300 22.04.150(a) Resident and guests only - Foothills Park. 50 22.04.150(b) Entrance to park - Foothills Park. 50 22.04.150(c) Person in park after hours - Foothills Park. 250 22.04.150(d) Speed limit 20MPH - Foothills Park. 250 22.04.150(e) Vehicles in Foothills Park after hours. 100 22.04.150(f) Skateboards and motorcycles - Foothills Park. 250 22.04.150(g) Smoking on trails - Foothills Park. 1000 22.04.150(h) Fires in Foothills Park. 1000 22.04.150(i) Use of trails - Foothills Park. 100 22.04.150(l) Unleashed dog - Foothills Park. 250 22.04.155 Restraint of dogs in City parks. 250 22.04.160 Permit required - sales in parks. 250 22.04.170 Violation of park use permit. 250 22.04.180 Sound in parks. 250 22.04.190 Unauthorized golf and other games in parks. 250 22.04.200 Unauthorized models and kites in parks. 100 22.04.210 Parking in parks. 100 22.04.215 Launch and takeout from ramp or dock. 250 22.04.220 Bicycle not permitted on trails. 250 22.04.230 Dumping in park. 1000 22.04.240 Interference with park use permit. 250 22.04.250 Park regulations . 250 unless otherwise specified NOT YET ADOPTED 150928 jjs 2015-09-23 8 22.04.260 Discharge of weapons in park. 500 22.04.270 Removal of flora or fauna. 500 22.04.280 Removal of turf or soil. 500 22.04.290(a) Damaging, defacing, etc., property. 1000 22.04.290(b) Marking, writing or printing on property. 1000 22.04.290(c) Attaching sign, etc., without permit. 500 22.04.290(d) Entering, etc., structure after posted hours. 250 22.04.290(e) Bringing portable tables without a permit. 100 22.04.300 Unlawful fire in city park. 1000 22.04.310 Enid Pearson Arastradero, Esther Park closure. 250 22.04.315 Byxbee Park and Baylands closed. 250 22.04.320 Parks closed. 250 22.04.321(a)Skateboarding in park after hours. 50 22.04.322 Trespass at Rinconada Park pool. 50 22.04.330 Alcohol in Cogswell Park. 250 22.04.331 Alcohol in Lytton Plaza. 250 22.04.332 Alcohol in Johnson Park. 250 22.04.333 Alcohol in Boulware Park. 250 22.04.334 Alcohol in Scott St. Minipark. 250 22.04.335 Alcohol in Greer Park. 250 22.04.336(a)Alcohol in Rinconada Park. 250 22.04.337 Alcohol in Mitchell Park. 250 22.04.338 Alcohol in Robles Park. 250 22.04.339 Alcohol in Hopkins Park. 250 22.04.340 Vehicles in park. 250 22.04.341 Alcohol in El Palo Alto Park. 250 22.04.342 Alcohol in Heritage Park. 250 22.04.343 Alcohol in Pardee Park. 250 22.04.350 Consumption of alcoholic beverage in vehicles. 250 22.04.360 Open container in park - alcoholic beverage. 250 22.04.370 Reckless driving in park. 250 22.04.380 Unlawful riding and towing in parks. 250 22.04.390 Duck pond. 100 SECTION 2. Municipal Code Civil Penalties. The civil penalty schedule for violations of the Palo Alto Municipal Code established by Resolution Nos. 9410 and 9535 is hereby amended and restated to read as follows*: Standard penalty unless otherwise indicated below. $46 10.36.020 No parking in parkways. 46 10.36.030(a)Storage on the street (72 hours). 86 10.36.040(a)(1)Vehicle for sale on street. 46 10.36.040(a)(2)Repairing vehicle on street. 46 10.36.050 Not w/in 18” of left curb--One-way street. 46 10.36.090 Removal of chalk markings. 111 10.40.020(a)(1)Parking violation – red curb. 46 10.40.020(a)(4)Parking violation – green curb. 46 10.40.020(a)(5)Parking violation – blue curb. 308 10.40.020(b)Parking in violation of sign (except blue curb). 46 10.40.020(b)Unlawful disabled parking - signs (blue curb). 308 10.40.040(b)Commercial vehicle double parking. 46 10.40.050 Unlawful parking in yellow loading zone. 46 10.40.060 Unlawful parking in passenger loading zone. 46 NOT YET ADOPTED 150928 jjs 2015-09-23 9 10.40.070 Unlawful alley parking. 46 10.40.100(g)Parking in a bus zone. 46 10.44.010(b)Overtime parking (limited time zone). 41 10.44.010(c)Additional violation of time limited or no 44 parking zones. 10.44.020(a)Oversized vehicle parking in residential or 46 public facilities zones 2am-6am. 10.44.040(b)Not in space marking. 46 10.44.050(b)Parking violation--temporary sign. 46 10.44.060 Dealers--parking for sale or repair. 46 10.44.070(b)Parking in violation of posted sign. 46 10.44.080 Vehicle obstruction of roadway or lot. 46 10.44.090 Unattended vehicle, engine running. 111 10.45.110 Parking in on-street valet parking space. 46 10.46.110 Overtime residential parking permit (CT) 53 10.48.030 Truck route violation. 211 10.50.100(a)Violation of posted RPP permit sign 53 10.60.070(c)Permit not properly displayed. 41 10.60.070(d)Overtime permit parking in City lot. 41 10.60.070(e)Parking without permit in permit area. 46 22.04.150(e)In Foothills Park after hours. 111 22.04.210 Parking in parks. 111 Late payment penalty. 35 Collection cost penalty. 35% of listed penalty *All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and Government Code 76000.3 (S.B. 857, 2008) totaling $12.50. SECTION 3. Vehicle Code Civil Penalties. The civil penalty schedule for violations of the California Vehicle Code established by Resolution No. 9410 is hereby amended and restated to read as follows*: 5200 No front license plate. $78 (If corrected within 31 days) 10 (state mandated) 5204(a) No registration tabs on license plate. 78 (If corrected within 31 days) 10 (state mandated) 21113(a) Parking on public grounds. 46 22500(a) Parking in an intersection. 46 22500(b) Parking in a crosswalk. 46 22500(d) Parking w/in 15 feet--fire station driveway. 46 22500(e) Blocking driveway. 46 22500(f) Parking on sidewalk. 46 22500(g) Parking or stopping--excavation site, etc. 46 22500(h) Double parking on roadway. 46 22500(i) Parking in a bus zone. 261 22500(l) Parking in front of accessible curb. 303 22500.1 Parking in a fire lane (public or private). 46 22502 Right hand wheels not w/in 18” of rt. curb. 46 22505(b) Parking on state highway violation. 46 22507.8(a-b)Unlawful parking in handicapped space. 303 22507.8(c)(1-2)Straddling Lines/Cross hatched, disabled. 303 22511.57(a) Parking/standing of vehicle in disabled parking $753 stall or space with invalid license/placard. NOT YET ADOPTED 150928 jjs 2015-09-23 10 22511.57(b) Unauthorized use of license/placard for vehicle $753 parking/standing in disabled parking stall or space. 22511.57(c) Parking/standing of vehicle in disabled parking $753 stall or space with counterfeit, forged, altered or mutilated license/placard for disabled. 22514 Parking within 15 feet of fire hydrant. 46 22515 Unattended vehicle, engine running. 111 22516 Person locked in vehicle. 111 22521 Parking within 7 1/2 feet of railroad tracks. 46 22522 Parking near sidewalk access ramp. 303 22523(a) Unlawful abandonment of vehicle on highway. 131 22523(b) Abandoned vehicle--public/private property. 131 22526 Entering/blocking intersection – anti-gridlock. 131 22951 No street, alley parking--patron vehicles. 46 *All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and Government Code 76000.3 (S.B. 857, 2008) totaling $12.50. SECTION 4. The Council finds that the adoption of this resolution does not constitute a project for purposes of the California Environmental Quality Act, and, therefore, no environmental assessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: __________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: ____________________________ City Manager __________________________ ____________________________ Deputy City Attorney Police Chief CITY OF PALO ALTO OFFICE OF THE CITY CLERK October 19, 2015 The Honorable City Council Palo Alto, California SECOND READING: Adoption of an Ordinance Adding Section 16.63 to the Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems (FIRST READING: September 28, 2015 PASSED: 9-0) This is the second reading of this Ordinance, no changes were made during the first reading. ATTACHMENTS: Attachment A: Solar Ordiinance (PDF) Department Head: Beth Minor, City Clerk Page 2 NOT YET APPROVED 20150908 jjs 0016087 1 Ordinance No. ___________ An Ordinance of the City of Palo Alto Adding Section 16.63 to the Municipal Code Relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems RECITALS 1. Subsection (a) of Section 65850.5 of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems. 2. Subdivision (g)(1) of Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. 3. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the City shall adopt an eligibility checklist of all requirements and a standard plan with which small rooftop solar energy systems shall comply to be eligible for expedited review. 4. The City of Palo Alto wishes to advance the use of solar energy by all of its citizens, businesses, and industries. 5. The City of Palo Alto seeks to meet the climate action goals set by the City of Palo Alto and the State. 6. Solar energy creates local jobs and economic opportunity. 7. The City of Palo Alto recognizes that rooftop solar energy provides reliable energy and pricing for its residents and businesses. 8. It is in the interest of the health, welfare, and safety of the people of the City of Palo Alto to provide an expedited permitting process to assure the effective deployment of solar technology. // // NOT YET APPROVED 20150908 jjs 0016087 2 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 16.63 of the Palo Alto Municipal Code is hereby created to read as follows: 16.63.010 Purpose. The purpose of the Ordinance is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The Ordinance encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Palo Alto, and expanding the ability of property owners to install solar energy systems. The Ordinance allows the City of Palo Alto to achieve these goals while protecting the public health and safety. 16.63.020 Application. This chapter shall apply to small residential rooftop solar energy systems including, but not limited to, all additions, alterations, modifications, repairs, and improvements that require a building permit. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Ordinance are not subject to the requirements of this Ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. 16.63.030 Definitions The words and phrases in this ordinance are defined as provided in California Civil Code section 714 and Government Code section 65850.5, except that the following words and phrases as used in this section are defined as follows: (a) “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (b) “Common Interest Development” means any of the following: 1. A community apartment project. 2. A condominium project. 3. A planned development. 4. A stock cooperative. // NOT YET APPROVED 20150908 jjs 0016087 3 (c) “Electronic submittal” means the utilization of one or more of the following: 1. E-mail, 2. The Internet, 3. Facsimile. (d) “Small residential rooftop solar energy system” means all of the following: 1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatt-thermal. 2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. 3. A solar energy system that is installed on a single or duplex family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. (e) “Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. (f) “Specific, Adverse Impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (g) “Reasonable Restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. As provided in Civil Code section 714, subdivision (d)(1), reasonable restrictions may include, but are not limited to: 1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed. 2. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed. // NOT YET APPROVED 20150908 jjs 0016087 4 16.63.040 Solar Energy System Requirements. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State of California and the City of Palo Alto Development Services, City of Palo Alto Fire Department and City of Palo Alto Utilities Department. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. Prior to submitting an application, the applicant shall: 1. Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and 2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads. 16.63.050 Duties of Development Services and Building Official. The building official shall develop and adopt an eligibility checklist and standard plan. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible City of Palo Alto Website. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. The applicant may submit the permit application and associated documentation to the City’s Development Services by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. NOT YET APPROVED 20150908 jjs 0016087 5 16.63.060 Plan Review and Inspection Requirements. An application that satisfies the information requirements in the eligibility checklist and standard plan, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. The building official may require an applicant to apply for a use permit if the official makes written findings, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. The building official’s findings may be appealed to the Planning and Transportation Commission under section 18.78.030 of this Code. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the California Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. The City shall not condition the approval of an application on the approval of an association, as defined in Section 4080 of the California Civil Code. Issuance of the permit does not authorize an applicant to connect the small residential rooftop energy system to City of Palo Alto Utilities’ electricity grid. The applicant is responsible for obtaining such approval or permission from City of Palo Alto Utilities before requesting a building inspection. For a small residential rooftop solar energy system eligible for expedited review, only one consolidated inspection shall be required, which shall be done in a timely manner. This inspection shall encompass all applicable local, state, and federal health and safety regulations including fire department regulations. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this section. SECTION 2. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the NOT YET APPROVED 20150908 jjs 0016087 6 fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 3. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant negative effect on the environment. SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. SECTION 5. This ordinance shall be published in accordance with the provisions of Government Code Section 36933. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of Development Services ____________________________ Director of Administrative Services CITY OF PALO ALTO OFFICE OF THE CITY CLERK October 19, 2015 The Honorable City Council Palo Alto, California SECOND READING: Adoption of an Ordinance Changing the End of Term Date for Commissioners Serving on the Human Relations Commission, Library Advisory Commission, Public Art Commission and Utilities Advisory Commission from April 30 to May 31 of Various Years and Making Minor Non-substantive Language Changes (FIRST READING: August 24, 2015 PASSED: 8-1 DuBois no) This is the second reading of this Ordinance, no changes were made when it was brought to Council on August 24, 2015. ATTACHMENTS: Attachment A: Board and Commission Realignment Ordinance (PDF) Department Head: Beth Minor, City Clerk Page 2 NOT YET APPROVED 150812 sh 0140136 1 ORDINANCE NO. ________ Ordinance of the Council of the City of Palo Alto Changing the End of Term Date for Commissioners Serving on the Human Relations Commission, Library Advisory Commission, Public Art Commission and Utilities Advisory Commission from April 30 to May 31 of Various Years and Making Minor Non-substantive Language Changes The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. Currently, terms on the Human Relations Commission, Library Advisory Commission, Public Art Commission and Utilities Advisory Commission expire on April 30 of various years. This transition period makes it difficult for new Commissioners on the Utilities Advisory Commission to effectively exercise their responsibility to review and advise the Council on the Utilities Department’s annual budget; and B. To remedy this situation, Council intends to realign the Spring Commission transition period (applicable to the Human Relations Commission, Library Advisory Commission, Public Art Commission and Utilities Advisory Commission) from April 30 to May 31, when review of annual budgets is complete. SECTION 2. Section 2.16.070 (Schedule of Appointments) of Chapter 2.16 (Boards and Commissions Generally) of the Palo Alto Municipal Code is hereby amended to read as follows: 2.16.070 Schedule of appointments. (a) The City Council shall review applications to fill vacancies in the following boards and commissions in AprilMay of each year: (1) Human Relations Commission (Chapter 2.22) (2) Library Advisory Commission (Chapter 2.24) (3) Public Art Commission (Chapter 2.18) (4) Utilities Advisory Commission (Chapter 2.23) (b) The City Council shall review applications to fill vacancies in the following boards and commissions in December of each year: (1) Architectural Review Board (Chapter 2.21) (2) Historic Resources Board (Chapter 2.27) (3) Parks and Recreation Commission (Chapter 2.25) (4) Planning and Transportation Commission (Chapter 2.20). (c) The City Council shall fill vacancies in all other boards and commissions in April May or December of each year, at its discretion. NOT YET APPROVED 150812 sh 0140136 2 (d) The City Council may fill mid-term vacancies during the next regularly scheduled recruitment for the board or commission or may hold a special recruitment, at its discretion. Special recruitments shall be subject to the requirements of Section 2.16.060. SECTION 3. Section 2.18.040 (Term of Office) of Chapter 2.18 (Public Art Commission) of the Palo Alto Municipal Code is hereby amended to read as follows: 2.18.040 Term of office. Commencing on September 6, 1984, there shall be three members whose terms expire January 31, 1985, and four members whose terms expire January 31, 1987. Subsequent appoints shall be made for terms of three years, or until their successors are appointed. Effective January 1, 1991, the terms of those members due to expire on January 31, 1991 shall be extended to expire on April 30, 1991. The terms of those members due to expire on January 31, 1993 shall be extended to expire on April 30, 1993. Subsequent appointments shall be made for terms of three years, or until their successors are appointed. Terms of office on the Public Art Commission shall be three years. Commission appointments shall be staggered so that three (3) members are appointed in 2018 and every three years thereafter, and four (4) members are appointed in 2017 and every three years thereafter. Effective January 1, 2016, terms of office due to expire on April 30 of each year shall be extended to expire on May 31 of the same year, and thereafter terms of office shall commence on the the first day of June. If a successor is unavailable, a member may remain in office until his or her successor is appointed. SECTION 4. Section 2.22.020 (Term of Office) of Chapter 2.22 (Human Relations Commission) of the Palo Alto Municipal Code is hereby amended to read as follows: 2.22.020 Term of office. Terms of office on the Human Relations Commission shall be three years commencing June 17, 1982, there shall be two members whose terms expire March 31, 1983, two members whose terms expire March 31, 1984, and three members whose terms expire March 31, 1985. Effective January 1, 2014 January 1, 2016, terms of office due to expire on March 31April 30 of each year shall be extended to expire on April 30May 31 of the same year, and thereafter terms of office shall commence on the first day of MayJune. If a successor is unavailable, a member may remain in office until his or her successor is appointed. SECTION 5. Section 2.23.030 (Term of Office) of Chapter 2.23 (Utilities Advisory Commission) of the Palo Alto Municipal Code is hereby amended to read as follows: 2.23.030 Term of office. Terms of office on the Utilities Advisory Commission shall be three years. Effective January 1, 2014January 1, 2016, terms of office due to expire on July 6April 30 of each year shall be lengthenedextended to expire on April 30May 31 of the followingsame year, and thereafter terms of office shall commence on the first day of MayJune. Commission appointments shall be staggered so that in each three-year cycle, two members are appointed one year, two members NOT YET APPROVED 150812 sh 0140136 3 are appointed the next year, and three members are appointed the next year. If a successor is unavailable, a member may remain in office until his or her successor is appointed. SECTION 6. Section 2.24.030 (Term of Office) of Chapter 2.24 (Library Advisory Commission) of the Palo Alto Municipal Code is hereby amended to read as follows: 2.24.030 Term of office. Terms of office on the library advisory commission Library Advisory Commission shall be three years. Commission appointments shall be staggered so that two (2) members are appointed in 2013 and every three years thereafter, and three (3) members are appointed in 2014 and every three years thereafter. Effective January 1, 2014 January 1, 2016, terms of office due to expire on January 31April 30 of each year shall be extended to expire on April 30May 31 of the same year, and thereafter terms of office shall commence on the first day of MayJune. If a successor is unavailable, a member may remain in office until his or her successor is appointed. SECTION 7. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 8. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. // // // // // // // // // NOT YET APPROVED 150812 sh 0140136 4 SECTION 9. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ City Attorney City Manager CITY OF PALO ALTO OFFICE OF THE CITY CLERK October 19, 2015 The Honorable City Council Palo Alto, California SECOND READING: Adoption of an Ordinance Adding Chapter 4.62 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Adopt a Citywide Minimum Wage for Palo Alto Employees (FIRST READING: August 24, 2015, PASSED 9-0) ATTACHMENTS: Attachment A: 0131322 ORD Citywide Minimum Wage September 28 2015 (PDF) Department Head: Beth Minor, City Clerk Page 2 Not Yet Approved 150928 jb 0131322 1 Rev. September 28, 2015 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Adding Chapter 4.62 to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to Adopt a Citywide Minimum Wage for Palo Alto Employees RECITALS 1. The Bay area in general and Palo Alto in particular are becoming increasingly expensive places to live and work. 2. Payment of a minimum wage advances the interests of the City as a whole, by creating jobs that keep workers and their families out of poverty. 3. A minimum wage will enable a worker to meet basic needs and avoid economic hardship. 4. This ordinance is intended to improve the quality of services provided in the City to the public by reducing high turnover, absenteeism, and instability in the workplace. 5. Prompt and efficient enforcement of this Chapter will provide workers with economic security and assurance that their rights will be respected. The City Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 4.62 (Citywide Minimum Wage) of the Palo Alto Municipal Code is added to read as follows: CHAPTER 4.62 CITYWIDE MINIMUM WAGE Sections: 4.62.010 Purpose. 4.62.020 Definitions. 4.62.030 Minimum Wage. 4.62.040 Exempt organizations. 4.62.050 Waiver through collective bargaining. 4.62.060 Notice, posting and payroll records. 4.62.070 Retaliation prohibited. 4.62.080 Implementation. Not Yet Approved 150928 jb 0131322 2 Rev. September 28, 2015 4.62.090 Enforcement. 4.62.100 Relationship to other requirements. 4.62.010 Purpose. This ordinance shall be known as the “Minimum Wage Ordinance.” 4.62.020 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings set forth in this section, except where the context clearly indicates a different meaning: a. “City” shall mean City of Palo Alto or any agency designated by the City of Palo Alto to perform various investigative, enforcement and informal resolution functions pursuant to this article. b. “Employee” shall mean any person who: 1. In a calendar week performs at least two (2) hours of work for an employer as defined below; and 2. Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as provided under Sec. 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a welfare-to-work program. c. “Employer” shall mean any person, including corporate officers or executives, as defined in Sec. 18 of the California Labor Code, who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency, or similar entity, employs or exercises control over the wages, hours, or working conditions of any employee and who is either subject to the city’s business registry requirements, conducts business in Palo Alto or maintains a business facility in the city. d. “Minimum wage” shall have the meaning set forth in Sec. 4.62.030 of this article. e. “Welfare-to-Work Program” shall mean the CalWORKs program, and the Santa Clara County Works Program (SCC Works) employment assistance program, and any successor programs that are substantially similar to them. 4.62.030 Minimum wage. a. Employers shall pay employees no less than the minimum wage set forth in this section for each hour worked within the geographic boundaries of the City of Palo Alto. Not Yet Approved 150928 jb 0131322 3 Rev. September 28, 2015 b. The minimum wage shall be an hourly rate of $11.00. To prevent inflation from eroding its value, beginning on January 1, 2016, and each year thereafter, the minimum wage shall increase by an amount corresponding to the prior year’s increase, if any, in the cost of living. The prior year’s increase in the cost of living shall be measured by the percentage increase, if any, as of August of the immediately preceding year over the level as of August of the previous year of the Consumer Price Index (Urban Wage Earners and Clerical Workers, U.S. City Average for All Items) or its successor index as published by the U.S. Department of Labor or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five (5) cents. The adjusted minimum wage shall be announced by October 1 of each year and shall become effective as the new minimum wage on January 1 of each year. c. A violation for unlawfully failing to pay the minimum wage shall be deemed to continue from the date immediately following the date that the wages were due and payable as provided in Part 1 (commencing with Sec. 200) of Division 2 of the California Labor Code, to the date immediately preceding the date the wages are paid in full. 4.62.040. Exempt organizations. State, federal and county agencies, including school districts, shall not be required to pay minimum wage when the work performed is related to their governmental function. However, for work that is not related to their governmental function, including, but not limited to: booster or gift shops, non-K-12 cafeterias, on-site concessions and similar operations, minimum wage shall be required to be paid. Minimum wage shall also be required to be paid by lessees or renters of facilities or space from an exempt organization. Any organization claiming “auxiliary organization” status under California Education Code Sec. 89901 or Sec. 72670(c) shall not be required to pay minimum wage. The organization, upon request of the city, shall provide documentary proof of its auxiliary organization status. 4.62.050. Waiver through collective bargaining. To the extent required by federal law, all or any portion of the applicable requirements of this article may be waived in a bona fide collective bargaining agreement, provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms. 4.62.060. Notice, posting and payroll records. a. By December 1 of each year, the city shall publish and make available to employers a bulletin announcing the adjusted minimum wage rate for the upcoming year, which shall take effect on January 1 of each year. In conjunction with this bulletin, the city shall, by December 1 of each year, publish and make available to employers, in all languages spoken by more than five (5) percent of the work force in the City, a notice suitable for posting by Not Yet Approved 150928 jb 0131322 4 Rev. September 28, 2015 employers in the workplace informing employees of the current minimum wage rate and of their rights under this article. b. Every employer shall post in a conspicuous place at any workplace or job site where any employee works the notice published each year by the city informing employees of the current minimum wage rate and of their rights under this article. Every employer shall post such notices in any language spoken by at least five (5) percent of the employees at the workplace or job site. Every employer shall also provide each employee at the time of hire with the employer’s name, address and telephone number in writing. c. Employers shall retain payroll records pertaining to employees for a period of four (4) years, and shall allow the city access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this article. Where an employer does not maintain or retain adequate records documenting wages paid or does not allow the city reasonable access to such records, the employee’s account of how much he or she was paid shall be presumed to be accurate, absent clear and convincing evidence otherwise. 4.62.070. Retaliation prohibited. It shall be unlawful for an employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this article. Rights protected under this article include, but are not limited to: the right to file a complaint or inform any person about any party’s alleged noncompliance with this article; and the right to inform any person of his or her potential rights under this article and to assist him or her in asserting such rights. Protections of this article shall apply to any person who mistakenly, but in good faith, alleges noncompliance with this article. Taking adverse action against a person within ninety (90) days of the person’s exercise of rights protected under this article shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. 4.62.080. Implementation. a. Guidelines. The city manager or designee shall be authorized to coordinate implementation and enforcement of this article and may promulgate appropriate guidelines or rules for such purposes. Any guidelines or rules promulgated by the city shall have the force and effect of law and may be relied on by employers, employees and other parties to determine their rights and responsibilities under this article. Any guidelines or rules may establish procedures for ensuring fair, efficient and cost effective implementation of this article, including supplementary procedures for helping to inform employees of their rights under this article, for monitoring employer compliance with this article and for providing administrative hearings to determine whether an employer or other person has violated the requirements of this article. Not Yet Approved 150928 jb 0131322 5 Rev. September 28, 2015 b. Reporting Violations. An employee or any other person may report to the city in writing any suspected violation of this article. The city shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or person reporting the violation, provided, however, that with the authorization of such person, the city may disclose his or her name and identifying information as necessary to enforce this article or other employee protection laws. In order to further encourage reporting by employees, if the city notifies an employer that the city is investigating a complaint, the city shall require the employer to post or otherwise notify its employees that the city is conducting an investigation, using a form provided by the city. c. Investigation. The city shall be responsible for investigating any possible violations of this article by an employer or other person. The city shall have the authority to inspect workplaces, interview persons and request the city attorney to subpoena books, papers, records or other items relevant to the enforcement of this article. d. Informal Resolution. The city shall make every effort to resolve complaints informally, in a timely manner, and shall have a policy that the city shall take no more than one (1) year to resolve any matter before initiating an enforcement action. The failure of the city to meet these time lines within one (1) year shall not be grounds for closure or dismissal of the complaint. SEC. 4.62.090. Enforcement. a. Where prompt compliance is not forthcoming, the city shall take any appropriate enforcement action to secure compliance. In addition to all other civil remedies, the city may enforce this ordinance pursuant to Title 1 of the Palo Alto Municipal Code. To secure compliance, the city may use the following enforcement measures: 1. The city may issue an administrative citation with a daily fine for each day or portion thereof and for each employee or person as to whom the violation occurred or continued. 2. The city may issue an administrative compliance order. 3. The city may initiate a civil action for injunctive relief and damages and civil penalties in a court of competent jurisdiction. b. Any person aggrieved by a violation of this article, any entity a member of which is aggrieved by a violation of this article or any other person or entity acting on behalf of the public as provided for under applicable state law may bring a civil action in a court of competent jurisdiction against the employer or other person violating this article and, upon prevailing, shall be awarded reasonable attorneys’ fees and costs and shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without Not Yet Approved 150928 jb 0131322 6 Rev. September 28, 2015 limitation, the payment of any back wages unlawfully withheld, the payment of an additional sum as a civil penalty in the amount of fifty dollars ($50) to each employee or person whose rights under this article were violated for each day that the violation occurred or continued, reinstatement in employment and/or injunctive relief; provided, however, that any person or entity enforcing this article on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive or restitutionary relief to employees, and reasonable attorneys’ fees and costs. c. This section shall not be construed to limit an employee’s right to bring legal action for a violation of any other laws concerning wages, hours or other standards or rights, nor shall exhaustion of remedies under this article be a prerequisite to the assertion of any right. d. Except where prohibited by state or federal law, city agencies or departments may revoke or suspend any registration certificates, permits or licenses held or requested by the employer until such time as the violation is remedied. e. Relief. The remedies for violation of this article include, but are not limited to: 1. Reinstatement, and the payment of back wages unlawfully withheld, and the payment of an additional sum as a civil penalty in the amount of fifty dollars ($50) to each employee or person whose rights under this article were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this code or State law. 2. Interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Sec. 3289 of the California Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Sec. 200) of Division 2 of the California Labor Code, to the date the wages are paid in full. 3. Reimbursement of the city’s administrative costs of enforcement and reasonable attorney’s fees. f. Posted Notice. If a repeated violation of this article has been finally determined, the city may require the employer to post public notice of the employer’s failure to comply in a form determined by the city. 4.62.100. Relationship to other requirements. This article provides for payment of a local minimum wage and shall not be construed to preempt or otherwise limit or affect the applicability of any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits, or that extends other protections. SECTION 2. CEQA. The City Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the Not Yet Approved 150928 jb 0131322 7 Rev. September 28, 2015 California Environmental Quality Act Guidelines, because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of this ordinance. SECTION 3. Severability. If any provision or clause of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this chapter, and clauses of this chapter are declared to be severable. SECTION 4. Effective Date. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its adoption; however, its operative date shall be postponed to January 1, 2016. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ _____________________________ Senior Asst. City Attorney City Manager City of Palo Alto (ID # 6218) City Council Staff Report Report Type: Action Items Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Public Hearing: Adoption of a Resolution Confirming Weed Abatement & Assessment- Part 2 Title: PUBLIC HEARING: Adoption of a Resolution Confirming Additional Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein From: City Manager Lead Department: Fire Recommendation Staff recommends Council (1) hold a public hearing to hear and consider objections from affected property owners of proposed assessments related to completed weed abatement work and (2) adopt the attached Resolution confirming the report and ordering abatement costs to be a special assessment on the properties specified in the report. Background This is the second of two Weed Abatement Assessment Resolutions for 2015. Council break in July necessitated the first weed assessment Resolution go before Council in June including the invoices being submitted through the end of May. This second assessment covers abatement activities concluded between May’s submission and fiscal year end on June, 30, 2015. The Weed Abatement Division of Santa Clara County Agriculture and Environmental Management administers the contract for weed abatement within the City of Palo Alto, in accordance with an agreement established on April 18, 1977 between the City and County. On February 2, 2015, in accordance with Chapter 8.08 of the Palo Alto Municipal Code, the City Council declared weeds to be a nuisance and ordered that the nuisance be abated. A public hearing was held on March 2, 2015, to consider objections to the proposed destruction or removal of the weeds. No objections were noted. Once the above steps had been taken, the County Weed Abatement Division instructed its contractor to abate weeds on City and private properties within Palo Alto. That work has now been completed. Property owners were notified that weeds were to be abated either by the owners or by the County. If the property owners chose to have the County abate the weeds, the abatement charges would be levied City of Palo Alto Page 2 against the respective properties as an assessment by the County Assessor. The County has since informed the property owners of the costs for destroying and removing the weeds. The City Clerk has published the required notice of this hearing in the Palo Alto Weekly. The cost report by the County Weed Abatement Division has been posted on the City Hall King Plaza bulletin board for ten days prior to this hearing. Discussion Property owners may object to the charges for weed abatement being levied against their properties. The charge consists of the contractor’s cost plus 150 percent administrative charges, in accordance with Palo Alto’s contract with Santa Clara County (CMR 357:00, September 18, 2000). A representative from the County Weed Abatement Division will be present at the public hearing with the records of weed abatement that have taken place. Should there be any modifications in the proposed assessments as a result of the hearing; changes in the assessment spread will be made as necessary. After any recalculations are completed, and Council adopts the attached resolution confirming the abatements and ordering those costs to be imposed as liens on the abated properties, the assessments will be submitted to the County Assessor for entry on the October tax roll upon which general City taxes are to be collected. RESOURCE IMPACT There is no direct fiscal impact of this action to the City. The assessments identified on Attachment A, totaling $5,031.56, will be imposed as liens on the properties listed and will not be borne by the City. POLICY IMPLICATIONS This procedure is consistent with existing City policies. ENVIRONMENTAL ASSESSMENT The Santa Clara County Counsel has determined the Weed Abatement Program to be Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308. Attachments: Attachment A: Resolution - Ordering Special Assessment (PDF) NOT YET APPROVED 150930 sh 0170013 1 Resolution No. _____ Resolution Confirming Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein R E C I T A L S A. The Council of the City of Palo Alto has heretofore declared weeds growing on certain properties within the City to be a public nuisance by Resolution No. 9489, dated February 2, 2015 and B. The Council on March 2, 2015, did adopt Resolution No. 9499 thereby ordering the weed nuisance abated; and C. Subsequent to the giving of said notice, the Fire Chief, through his Administrator, the Weed Abatement Division of Santa Clara County Department of Agriculture and Environmental Management, has caused to be abated the weeds on the herein described properties; and D. The Fire Chief, through his Administrator, the Weed Abatement Division of Santa Clara County Department of Agriculture and Environmental Management, has filed his report and assessment list for weed abatement as provided by law and a hearing has been duly set and noticed, for objections to said report and assessment list and for confirmation; and E. The Council has duly considered the report and assessment list and any objections thereto. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The report and assessment list is in all respects complete and correct and is hereby confirmed. The amounts of the cost for abating the nuisance are confirmed and those remaining unpaid, as shown on Exhibit “A” attached hereto and incorporated herein, shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the respective assessment. SECTION 2. All written or oral protests or objections to said report and assessment list are overruled or denied. SECTION 3. The unpaid assessments shown on Exhibit “A” shall be entered upon the 2015-2016 tax roll against the parcels of land and shall be collected at the same time and in the same manner as general City taxes, be subject to the same interest and penalties, and be subject to the same procedure and sale in case of delinquency. All laws and ordinances applicable to the levy, collection, and enforcement of City taxes are hereby made applicable to this special assessment. NOT YET APPROVED 150930 sh 0170013 2 SECTION 4. Santa Clara County has determined the weed abatement program to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15308. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Senior Assistant City Attorney City Manager _____________________________ Fire Chief _____________________________ Director of Administrative Services NOT YET APPROVED 150930 sh 0170013 3 EXHIBIT A City of Palo Alto (ID # 5992) City Council Staff Report Report Type: Action Items Meeting Date: 10/19/2015 City of Palo Alto Page 1 Summary Title: Avenidas Funding Request Title: Direction to Provide Financial Support of $5 Million for the Avenidas Construction Project That will Expand the Capacity of Senior Programs and Services Provided by Avenidas at 450 Bryant Street, Pending Environmental Review and Approval of Final Project Design by City Boards, Commissions and Council From: City Manager Lead Department: Community Services Recommendation Staff recommends the City Council contribute financial support of $5 million dollars from revenue sources as identified in the staff report towards the $18 million Avenidas capital campaign to make necessary seismic and other improvements to the existing building. Actual funding will occur over two years (FY 17 & FY 18). The project will also expand the building to provide capacity for senior programs and services provided by Avenidas at 450 Bryant St, Palo Alto. The Avenidas plan, as envisioned, will require subsequent environmental review and approval of a final project design by City Boards, Commissions and Council. Executive Summary Avenidas is the sole provider of comprehensive programs and services for older adults in Palo Alto. Avenidas is housed in a City owned building at 450 Bryant Street, in what was once Palo Alto’s police and fire building, and they have been operating at this location since 1977 on a long term lease agreement with the City of Palo Alto. Although their current lease was not due to expire until 2027, Avenidas requested and received an early renewal and a new fifty (50) year lease agreement in June, 2014 (Attachment A – Excerpt from Council Minutes 6-23-14) in anticipation of beginning a capital campaign to raise an estimated $18 million for a major renovation and expansion project in order to address needed building repairs and upgrades, and a possible expansion to meet the needs of the ever growing older adult population in Palo Alto. City of Palo Alto Page 2 The Board of Directors of Avenidas has respectfully requested a $5 million contribution from the City (Attachment B – Request for funding) to cover the costs of deferred maintenance and renovation of the city owned facility, including the necessary seismic upgrade of the City building. The request for City funding is driven by Avenidas’ assessment of the limits of private fundraising in reaching their goal. Also, a commitment by the City is being sought now, as Avenidas has a large challenge match up to $4 million if a significant pledge is made by another donor by the end of the calendar year. The City’s commitment to continued investment in the building which the City owns, is an important factor in successful fundraising and increasing the opportunity for a potential $8 million in private pledges. Background The City has had a very long and positive relationship with Avenidas (previously the Senior Coordinating Council) that spans forty years. Several significant events and changes occurred during this time period which are summarized below: The City established its own Senior Adult Services in 1971, based on a study of Palo Alto senior residents completed by the Senior Coordinating Council (SCC), and witnessed an expansion of those services over the next few years. The City funded the SCC administration, Senior Day Health program and Home Repair Service prior to the establishment of the Senior Center of Palo Alto, while concurrently funding its own Senior Adult Services. After lengthy discussions over time, the City agreed to offer the Old Police/Fire Station building to the SCC at a nominal yearly fee, provided the SCC raised the necessary funds ($1.2 million) to renovate the facility. Implicit in this agreement was a commitment to help the SCC with operating funds for the Senior Center as well as continuing support for its other programs. In 1978, the City transferred its Senior Adult Services to the SCC and first provided funds for the operation of the Senior Center. The City and the SCC agreed that the SCC would always make substantial efforts to secure community support and other non-city public funds. That objective remained part of the SCC’s contract Scope of Services. The Senior Coordinating Council changed its name to Avenidas in 1996. Avenidas continues to lease the Senior Center facility on Bryant Street in Palo Alto for $1/year. Avenidas is responsible for all of the maintenance and upkeep, the City maintains the roof and exterior. On June 23, 2014, Avenidas approached the City requesting a second fifty year (50) lease to replace the current lease based on plans to undertake a major City of Palo Alto Page 3 rehabilitation and modernization of the interior of the building in order to meet the growing needs of the City’s older adults and to continue its many services. The purpose of the extension was twofold: 1) It allows Avenidas the foundation to begin a credible fund raising efforts for an estimated (at that time) $12 million to undertake a major and comprehensive rehabilitation and modernization of the building at 450 Bryant Street; 2) the new lease will serve to assure that Avenidas will continue its services at the present location for many years to come. The new lease was approved by Council. The City/Avenidas partnership is unique. For most surrounding communities, older adult services are provided in city operated and funded senior centers. The City of Palo Alto made a conscious decision in 1978 to transfer older adult services to a non-profit operator, Avenidas, and provided initial funding for the operation of the senior center. Since that time, the City has provided significant funding to Avenidas for the provision of comprehensive services to older adults in Palo Alto. At one point funding was 38% of their total operating budget, today it is 10%. Avenidas has been and continues to be the major destination to participate in activities for older adults in Palo Alto. Last year Avenidas served over 7,000 individuals and hosted 233 classes. They estimate that the number of seniors served will increase with the added program space planned for in the new building. At present, over 50% of the individuals who use the services of Avenidas at their Bryant Street location are Palo Alto residents. Avenidas also draws participants from other areas of the mid-peninsula such as Menlo Park, Atherton, East Palo Alto, Mountain View, Los Altos, Los Altos Hills, Stanford, Portola Valley and Woodside. Current services include information & referral services, case management, counseling, support groups, classes and workshops for older adults that assist with mental and physical health and well-being, socialization and lifelong learning, transportation, provision of routine health maintenance screening and immunizations, volunteer opportunities, and provision of services that assist older adults in being able to live safely and independently as long as possible in their own homes. According to Avenidas, the existing Birge Clark-designed building is +/- 16,600 square feet and is operating at capacity and cannot grow programs and services at this location without renovating the existing building and expanding the facility. The senior population is large and rapidly increasing. One-third of Palo Alto residents are age 55 or above and are expected to be 50% of all residents by 2030. The mid-Peninsula’s senior population is projected to increase by 113% over the next 30 years. The senior population for Palo Alto and surrounding cities will double between 2000 and 2020 and will continue to grow until 2040. City of Palo Alto Page 4 Discussion The Avenidas Board of Directors is embarking on an $18 million capital campaign project to expand and renovate the Bryant Street site (Attachment C – Avenidas Prelim Design.) As shown on the project plans that were submitted for Preliminary Architectural Review, the project includes the following: A new (approximate) +/- 11,000 s/f wing at the rear of the building, replacing the current dining room with two floors above and an atrium. The net new floor area is approximately 10,100 sf (demo of 2,600 sf, construction of 12,700 sf). Remodel of the existing building Replacing and updating the old mechanical, electrical and plumbing systems Seismic upgrade to current standards Installation of an ADA-compliant elevator Adding a small outdoor dining patio adjacent to the dining room (tentative) Avenidas staff and board, who have studied and analyzed program and service needs for the City’s growing senior population, believe that it must renovate and expand to remain relevant, to meet the needs of a rapidly increasing older adult population and to continue to provide cutting-edge programs and services. According to Lisa Hendrickson, Avenidas Capital Campaign manager, after the expansion they expect to offer all of their current services and programs in addition to expanding their health and wellness offerings in the new Wellness Center and enrich the offerings of their Computer Learning Center as it evolves from a traditional computer class center to the Generations Lab. Hendrickson described the lab as “a place and set of programs that will engage Avenidas participants in technology, including exposing them to new technology and engaging them in the development of new products and services for older adults. This place and its programs will focus on helping people learn about, use City of Palo Alto Page 5 and access technology resources that support independent living and enhance their lives.” The expanded and updated center will feature space for a new, “aging + technology” program that will connect older adults with researchers and entrepreneurs creating new products to assist people to more easily and safely age-in-place. The new center will include a Wellness Center specifically designed to meet the needs of older adults in spaces they find inspiring and comfortable. To meet the needs expected by the Baby Boomer generation, the building design will feature state-of-the-art amenities. The current building is entirely accessible to the public and will continue to be so after the project is completed. Avenidas currently rents space in the building after hours and has reported that they will have improved rental spaces in the expanded building. While planning continues Avenidas hopes to remain in their current building during construction, and phase the construction. They do not believe they could find alternate temporary space that would be suitable for their programs, and feel it would likely be very expensive in the current real estate market. Current phasing ideas include building the new construction at the rear first, then commence programs in that space while remodeling one floor of the old building. The third phase would be the remodeling of the other floor. Avenidas programming would be constrained during the second and third phases and La Comida would be unable to operate during at least one of the construction phases. With regard to the displacement of La Comida during at least one phase of the re- model; La Comida representatives have expressed the need for a temporary location for the senior nutrition program which has yet to be finalized and may prove challenging. The La Comida Board of Directors is trying to identifying potential spaces now and the Avenidas staff are also trying to assist La Comida as possible. Avenidas is also working very closely with La Comida as they design the dining room and kitchen expansion. Funding Request to the City Avenidas is requesting a one-time $5 million contribution from the City for their renovation project. The $5 million dollars would cover the costs of deferred maintenance of the basic systems of the facility, specifically the seismic upgrade and the replacement and upgrade of the mechanical, electrical and plumbing systems. That cost is estimated to be $3.3 million. A breakdown of these costs is attached (see Attachment B – page 3.) Moreover, the $5 million dollars would contribute to the considerable costs of renovating the existing City building for greater efficiency and usability. In addition, Avenidas will be adding an ADA-compliant elevator as the building's current elevator does not meet current standards, at a cost of approximately $250,000. Taken together, the deferred maintenance and equipment costs, renovation of the existing building and the in-lieu parking costs exceed the $5 million that Avenidas has requested and they will raise the difference of approximately $13 million dollars. City of Palo Alto Page 6 Seismic upgrade and replacement and upgrade of MEPS $ 3,300,000 ADA compliant Elevator $ 250,000 $ 3,550,000 According to Avenidas, the organization has covered the increasing cost of providing services to an ever increasing number of Palo Alto older adults, with a budget that has grown by 10-fold, while the City’s funding of Avenidas has grown less than 3-fold during this same time. They believe that this request gives the City the opportunity to make an investment in the future of high quality senior services and facilities. The project will be eligible for Transfer of Development Rights, TDRs, because it involves the rehabilitation of a Seismic Category II building as well as a Historic Category 2 building. The current building is 17,400 s/f resulting in a Combined Historic and Seismic Rehabilitation Bonus of 8,700 s/f. The City may elect to sell these TDRs to fund, in part, the requested $5 million contribution. However, if the City chooses to not sell the TDRs to fund the City’s contribution, Avenidas requests that at such time that the TDRs are sold, the proceeds be remitted to Avenidas to partially reimburse its substantial investment in the property. The plans for the remodel and expansion are in the first stages of preliminary review by City staff, the Historic Resources Board, the Architectural Review Board and the Parks and Recreation Commission. Based on those reviews, Avenidas will revise their design and submit to the City for a set of formal reviews. The design plans will come to Council for review at some time in the future. Funding Options and Considerations Staff recommends that the City contribute $5 million one-time for this construction project for the reasons outlined in this report with $2.5 million in Fiscal Year 2017 and $2.5 million in Fiscal Year 2018. The primary source of funding would be: (1) the sale of Transfer Development Rights (TDRs) similar to the transaction for the Palo Alto Historical Museum (PAHM) and (2) Community Center Impact Fee Fund funds. In December 2014, the City Council authorized the sale of TDRs for the PAHM. The sale of the TDRs generated $300.25 per square foot. If the demand in the market place for TDRs continues and the same sale amount per square foot is achieved with the sale of TDRs for Avenidas, staff estimates the proceeds to be $2.8 million. The remaining amount of $2.2 million would be funded from the Community Center Development Impact Fee Fund. Policy Implications The Comprehensive Plan addresses the needs of seniors and children in Goal C-3: Improved Quality, Quantity, and Affordability of Social Services, Particularly for City of Palo Alto Page 7 Children, Youth, Seniors, and People with Disabilities. Environmental Review The City’s expenditure of funds is subject to environmental review. The scope of the project is still evolving based on preliminary review by the ARB and HRB. Once the project plans are settled the City will determine what level of environmental review is appropriate for the project. Attachments: ATTACHMENT A – Excerpt from Council Minutes 6-23-14 (DOCX) ATTACHMENT B -Avenidas request for funding (PDF) ATTACHMENT C -Avenidas Prelim DESIGN 5.27.15 (PDF) Special Meeting June 23, 2014 17. Request to Issue Notice of Intent to Award 50 Year Lease to Avenidas for 450 Bryant Street Site to Allow Continued Use of Building for Senior Services. MOTION PASSED for Agenda Item Numbers 3, 5-22: 9-0 CITY OF PALO ALTO CITY COUNCIL EXCERPT OF FINAL MINUTES HISTORIC REVIEW BOARD & ARCHITECTURAL REVIEW BOARD SUBMITTAL 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO.129.021 K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 05.27.15 COVER SHEET G0.0 10 1 SITE THE PROJECT CONSISTS OF AN ADDITION TO AND RENOVATION OF AN EXISTING +/- 16,000 SF HISTORIC BUILDING BUILT IN 1927 LOCATED AT 450 BRYANT STREET AND OCCUPIED IN A LONG TERM LEASE BY AVENIDAS. IT WILL INCLUDE DEMOLITION OF AN EXISTING 2,600 SF ADDITION BUILT IN 1978 AND A CONSTRUCTION A NEW ADDITION OF APPROXIMATELY 10,100 SF WITH A COMPLETE TENANT IMPROVEMENT AS SHOWN ON THESE PLANS. PROJECT ADDRESS:................................ PROJECT SITE AREA:............................... A.P.N.:.......................................................... EXISTING BUILDING AREA:....................... BUILDING AREA TO BE DEMOLISHED:.... NEW ADDITION BUILDING AREA:............. Mountain View, CA. 94043 445 N. Whisman Rd., Suite 200 Fax 650 . 965 . 0700 650 . 960 . 0707 KEVIN JONES Palo Alto, CA 9431 450 BRYANT STREET Fax 415. 421.1680 415 . 421 . 0127 LISA HENDRICKSON ex.32 Fax G0.0 COVER SHEET G1.0 EXISTING BUILDING DESCRIPTION G2.0 PROJECT CONCEPTS AND GUIDELINES G3.0 OVERALL EXISTING PLAN E L C A M I N O R E A L A L M A M I D D L E F I E L D R D EMBAR C A D E R O R D UN I V E R S I T Y A V E B R Y A N T LYT T O N HAM I L T O N 450 BRYANT ST, PALO ALTO +/- 16,000 SF +/- 2,600 SF 10,100 SF 1.4 ACRES 120-26-095 415 . 421 . 1680 415 . 421 . 0127 San Francisco, CA 94111 Pier 9, The Embarcadero, Suite 107 PAULA MADERA ex.25 G4.0 OVERALL PROPOSED PLAN A1.0 GENERAL VIEW A2.0 PERSPECTIVES A2.1 PERSPECTIVES A2.2 INTERIOR PERSPECTIVES A3.0 MATERIAL BOARD A4.0 EXISTING BASEMENT FLOOR PLAN A4.1 PROPOSED BASEMENT FLOOR PLAN A4.2 EXISTING FIRST FLOOR PLAN A4.3 PROPOSED FIRST FLOOR A4.4 EXISTING SECOND FLOOR A4.5 PROPOSED SECOND FLOOR A4.6 PROPOSED THIRD FLOOR A5.3 REAR BIRGE CLARK BUILDING ALTERATIONS PLAN HISTORIC REVIEW BOARD & ARCHITECTURAL REVIEW BOARD SUBMITTAL Fax 415 . 433 . 4672 415 . 433 . 5003 San Francisco, CA 94111 181 Greenwich Street JAMES WINSTEAD Fax 650 . 964 . 9219 650 . 964 . 9229Los Altos, CA 94024 1420 Holly Avenue STEVAN NAKASHIMA GARY LAYMON G2.1 PROJECT CONCEPTS AND GUIDELINES A5.0 EXISTING ELEVATIONS A5.1 PROPOSED ELEVATIONS A5.2 REAR BIRGE CLARK BUILDING ALTERATIONS PLAN L1.0 CONCEPTUAL LANDSCAPE PLAN L1.1 COURTYARD ENLARGEMENT L1.2 ROOF DECK ENLARGEMENT L1.3 DINING PATIO SKETCH CHARLES CHASE SARAH HAHN A4.7 EXISTING AND PROPOSED ROOF PLAN 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 A6.0 BUILDING SECTIONS A6.1 BUILDING SECTIONS Police-Fire Building, date unknown (Source: Palo Alto Historical Association)Palo Alto Fire/Police building, 450 Bryant Street, c. 1927 (Source: Palo Alto Historical Association) BRYANT STREET COGSWELL PLAZA PROJECT ADDRESS:................................ ASSESOR'S PARCEL NUMBER:............... ZONE DISTRICT.......................................... NET LOT AREA........................................... ALLOWABLE FAR....................................... PROPOSED FAR......................................... 450 BRYANT ST, PALO ALTO 129-26-095 PF 1.40 ACRES / 61150,5 sf 1.0:1 0.4 (existing + addition) ALLOWABLE LOT COVERAGE.................. PROPOSED LOT COVERAGE.................... 30 % 20 % (existing + addition) The building at 450 Bryant Street is located in downtown Palo Alto. It lies between Cogswell Plaza to the west and an alleyway to the east. The surrounding neighborhood is generally commercial in nature. The main building at 450 Bryant Street is constructed of reinforced concrete and wood framing with a stucco exterior finish. Stylistically, it is a Spanish Colonial Revival building. The original building, 'The Palo Alto Police and Fire Building' was designed by Birge Clark in 1926. The building, constructed in 1927, was thought to house the police department and jail, the fire department and offices, and the municipal court. These entities operated for nearly forty years. An addition at the north end of the building was designed by Clark's firm, Clark & Stromquist. The firm, designed a full renovation of the building interior and cafeteria addition in 1978 to accommodate the Senior Coordinating Council of Palo Alto, which moved in the next year. PARKING LOT RAMONA STREET 1927 ORIGINAL BUILDING 1978 ADDITION 1950 ADDITION BUILDING EXISTING BUILDING DESCRIPTION G1.0 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 PROJECT CONCEPTS AND GUIDELINES G2.0 The new addition is located adjacent to the existing Birge Clark building and landlocked by three existing limits: the existing rear parking lot, the Cogswell Plaza in its West side and the back alley in its East side. BRYANT STREET COGSWELL PLAZA RAMONA STREET EXISTING BUILDING EXISTING PARKING LOT BACK ALLEY The addition project would require minimal changes to the defining characteristics of the existing Birge Clark building and its site and environment. The removal of historic materials or alteration of features and spaces that characterize the property will be avoided. The new addition will not create a false sense of historic development. Even though the existing-proposed compatibility might be the main guideline, historic materials and features will not be copied. The new addition will be differentiated from the old construction and it will be compatible with the massing, size, scale and architectural features. The building at 450 Bryant Street was designed by prominent architect Birge Clark, who was responsible for designing hundreds of buildings in Palo Alto and the surrounding area during the first half of the twentieth century. The main concept for the new addition will be to preserve the historic character of the existing construction. To protect the essential form and integrity of the historic property and its environment >> >> The addition sits in the rear facade of the existing building. From Bryant Street, which represents the main side of the building the addition will be barely noticed. >> The new construction requires the demolition of just one part of the existing 1970's addition. >> The original 1920 Birge Clark building will be preserved. Its rear facade will be minimally altered and will be seen from the interior of the new construction. >> The Shed addition will remain in order to maintain the original composition of the parcel. >> All the heights of the new building will try to match the existing ones in the Birge Clark building. THREE STORY ADDITION: transparent and airy to reflect the activity of the center Existing Garden Room to be preserved HISTORIC BIRGE CLARK BUILDING TO BE PRESERVED The addition will maintain the rear facade of the 1920's construction, either as an exterior facade (in the courtyard) or as an interior one EXISTING COURTYARD TO BE SAVED AND REDESIGNED 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 PROJECT CONCEPTS AND GUIDELINES G2.1 NEW ACCESS MAIN ACCESS NEW ACCESS B R Y A N T S T R E E T R A M O N A S T R E E T PROPOSED PROJECT DESCRIPTION Avenidas operates out of the existing historic building at 450 Bryant Street in downtown Palo Alto. The building was built in 1927 as the City of Palo Alto Police and Fire Station. The building was designed by Palo Alto architect Birge Clarke. Avenidas modified and renovated the building in 1977-1978 when its occupancy of the buildingbegan. Over the past six years, Avenidas has been exploring how to continue to provide the highest level of services to the community and accommodate the growing demand at the existing location. The senior population is large and growing rapidly. The 55+ segment of Palo Alto's population grew 25% between 2000 and 2010 and today represents almost one-third of the total population of the city. As indicated in the City of Palo Alto's Comprehensive Plan, Avenidas (formerly the Senior Coordinating Council) is the sole provider of senior services on behalf of the City of Palo Alto. Consistent with the Comprehensive Plan goals for community services,Avenidas must evolve and adapt to the changing needs of the aging population.Meeting these needs starts with our programs and extends into our physical infrastructure. The expansion and remodeling of our facilities is fundamental to our abilities to continue to provide the highest level of service to the Palo Alto community.This expansion and remodeling also addresses Community Services goals of the City's Comprehensive Plan: ŝĢŅķł C-4: ŝĜŊŊňķĹŊĿŌĻ Well-maintained CommunityFacilities That Serve Palo Alto ĭĻʼnĿĺĻńŊʼn, Reinvest in aging facilities to improve their usefulness and appearance. Avoid deferred maintenance of City infrastructure. īŅłĿĹŏĞ ŞĞĿŊŏŅļīķłŅĜłŊŅĞŅŃņňĻľĻńʼnĿŌĻīłķńĞŅŃŃŋńĿŊŏĮĻňŌĿĹĻʼnķńĺġķĹĿłĿŊĿĻʼnņķĽĻĞThe proposed existing building and addition is +/-22,700 square feet. The first level is the largest at +/-11,100 square feet and includes the addition of an atrium lobby, main lobby, reception and classrooms and multi-purpose rooms.The second floor is +/-7,500 square feet and includes multipurpose rooms, meeting rooms, classrooms and administrative areas.A third floor in the new wing will be +/- 2,500 square feet and will include a fitness room and small meeting room. įľĻĹĿňĹķʼnľĻĺķŊŊľĻňĻķň ŊľĻŝĢķňĺĻńĭŅŅŃŞŅňŝıĿłłķĽĻʼnĪļļĿĹĻʼnŞ ōĿłłĸĻňĻńŅŌķŊĻĺŊŅľŅŋʼnĻŊľĻʼnŊķļļķńĺŃĻŃĸĻňʼnŅļĜŌĻńĿĺķʼnıĿłłķĽĻThe basement below the original building will become a theater/small auditorium. PARKING Part of the project's challenge is the limited space available for development based on Avenidas' leasehold area and the adjacent park and parking lot. The proposed addition is to remain within the current leasehold boundary. With no land on which to build parking spaces, it is our plan to meet the project's parking requirement of 31spaces by paying an in-lieu fee to the Downtown Parking Assessment District. It may, however, be possible for the City to obtain an exception to this parkingrequirement, under direction from the City's Comprehensive Plan which states: Policy L-56: To reinforce the scale and character of University Avenue/Downtown, promote the preservation of significant historic buildings. Olderbuildings may be at a disadvantage because of the expense and specialized skills needed to adapt them for contemporary use. This is particularly true where seismic strengthening is needed or where the site cannot accommodate current parking requirements. In some cases, the use forwhich the building was designed is not even allowed by current zoning. The following programs are intended to help overcome these obstaclesand enable older buildings to be more competitive with new development. Allow parking exceptions for historic buildings to encourage rehabilitation. Require design review findings that the historic integrity of the building exterior will bemaintained. City of Palo Alto Comprehensive Plan, 2007, Land Use and Community Design, pages L39-40 HISTORIC PRESERVATION The City of Palo Alto's Downtown design guideline recommends that a sense of history be preserved and historic structures be emphasized. The architectural concept of the addition is to significantly maintain the architectural features of the existing historic building by adding an addition at the back of the building, replacing the 1978dining room with a three story wing and a two story atrium. The design aesthetic of the new addition is modern with the building composed of aluminum, glass and stoneelements. The scale and massing of the addition is such that it is in proportion to the existing historic building. The existing rear wall of the historic building will become a prominent feature of the proposed new wing. The main building entry will remain along Bryant Street. No exterior building modifications are proposed to the other threesides of the existing building. Participants will enter into a main lobby/reception that will look out into the remaining courtyard. With the remodeling of the interior space,the circulation and way finding throughout the facility will be improved. No historic interior features remain after previous interior renovations.The renovated building will have less office space than it presently does. Except for a few staff who interact directly and daily with participants and guests, staff will beconsolidated into part of the second floor in open space configured with workstations, a few private offices and shared huddle rooms. We do not expect that more staff will be required as a result of the building expansion.Interior renovations are being designed to make the space feel open and inviting. We want visitors to be able to walk through the building and see what is going on andbe enticed to join in. Small spaces will be combined into larger spaces. We also want pedestrians walking by on the Bryant Street sidewalk to be able to look in and see what's going on. Foundation landscape will be replaced with low-scale plantings and there will be larger and more active multi-purpose rooms flanking the frontentrance. EXISTING STAIRS TO BE RECONFIGURED EXISTING ELEVATOR TO BE REFURBISHED NEW OPEN STAIRS NEW ENCLOSED STAIRS NEW ACCESSIBLE ELEVATOR FIRST FLOOR La Comida Dining Room La Comida Kitchen Multipurpose Room Multipurpose Room Reception Admin offices Workstations and admin. offices Age Lab EXISTING RESTROOMS NEW RESTROOMS Villages Offices SECOND FLOOR Wellness area Admin. open workstations and offices Meeting Meeting Multipurpose room Multipurpose room NEW TRASH ENCLOSURE THIRD FLOOR Fitness area Multipurpose room 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 OVERALL EXISTING PLAN G3.0 OVERALL EXISTING PLAN - View from the Cogswell Plaza View from the Parking lot La Comida Dining Room from Cogswell Plaza Rear entrance from Parking lot 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 OVERALL PROPOSED PLAN G4.0 OVERALL PROPOSED PLAN -2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 GENERAL VIEW A1.0 BEFORE... (Existing view from Cogswell Plaza) 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 AFTER...Proposed view from Cogswell Plaza PERSPECTIVES A2.0 GENERAL VIEW OF THE BUILDING FROM THE PARKING LOT - GENERAL VIEW OF THE DECK -2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 PERSPECTIVES A2.1 GENERAL VIEW OF THE BUILDING FROM THE PARKING LOT - GENERAL VIEW OF THE REAR ELEVATION -2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 INTERIOR PICTURES A2.2 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 1 LA COMIDA DINING ROOM 2 MULTIPURPOSE ROOM 3 CORRIDOR AND INFORMAL MEETING AREAS 4 FITNESS ROOM - Lobby artwork feature with donor names and Avenidas history - Abstract tree figure applied to glass panels Palo Alto = tall tree, symbol of longevity and growth - Donor names etched in glass - Visual history and Birge Clark legacy FIRST FLOOR SECOND FLOOR THIRD FLOOR DONORS AND BIRGE CLARK LEGACY WALL The addition will house one architectural and symbolic key element: the core. It will work with a double function. First of all, it will be the place for restrooms, mechanical shaft, and other servant spaces as well. On the other hand, it will show in its two main walls the legacy of noted Architect Birge Clark and the big effort done by Avenidas' donors to make the project happen. MATERIAL BOARD A3.0 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES SPANISH CLAY TILE ROOFING STUCCO WALLS MULTI-PANE STEEL CASEMENT WINDOW HIGH- PERFORMANCE CLEAR GLASS ALUMINUM FRAMES STONE WALL 2 1 4 5 STEEL AND GLASS ENTRY CANOPY CLIMBING PLANTS MOTORIZED SHADE CONTROL SYSTEM TO PROVIDE WINDOW SHADING SOLUTIONS IN THE INTERIORS ALUMINUM REVEALS 3 9 GLASS SYSTEM EXISTING BASEMENT FLOOR PLAN A4.0 64'-3" PC LAB MAC LAB STORAGE STORAGE STORAGE BOILER STORAGE 54 ' - 8 " 9' - 6 " 38 ' - 1 1 " 28'-6" 5'-6" 35'-9" EXISTING BASEMENT FLOOR PLAN 3/32" 30'-2" 48 ' - 4 " 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES EXISTING ELEVATOR TO BASEMENT TO BE REFURBISHED EXISTING STAIRS TO REMAIN EXISTING EXTERIOR STAIRS TO REMAIN EXISTING STRUCTURAL COLUMNS TO REMAIN EXISTING DOOR / WINDOW TO BE INFILLED EXISTING STAIRS TO BE REMOVED EXISTING WINDOWS TO REMAIN EXISTING DOORS AND WINDOWS TO BE DEMOLISHED NEW ELEVATOR NEW STAIRS NEW EXTERIOR DOOR / WINDOW NEW ENCLOSED STAIRS EXISTING TRASH ROOM TO BE DEMOLISHED AND REBUILT EXISTING GATES TO BE DEMOLISHED NEW GATES EXISTING COURTYARD TO BE REDESIGNED (SEE LANDSCAPE DRAWINGS) NEW WINDOW SYSTEM AT EXISTING BUILDING EXISTING TREE TO BE REMOVED NEW TRASH ROOM SEISMIC JOINT EXISTING DOOR TO REMAIN NEW WINDOW SYSTEM RESTROOMS AND SERVICES CORE LIMESTONE WALL NEW INTERIOR DOOR / WINDOW IN EXISTING WALL PLASTER WALL CANOPY SPANISH CLAY TILES DECK AREA PROPOSED BASEMENT FLOOR PLAN A4.1 PROPOSED BASEMENT FLOOR PLAN 3/32" 64'-3" LECTURE LA COMIDA STORAGE JANITOR LOAN CLOSET BOILER STORAGE 54 ' - 8 " 9' - 6 " 38 ' - 1 1 " 28'-6" 5'-6" 35'-9" 30'-2" 48 ' - 4 " 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES EXISTING ELEVATOR TO BASEMENT TO BE REFURBISHED EXISTING STAIRS TO REMAIN EXISTING EXTERIOR STAIRS TO REMAIN EXISTING STRUCTURAL COLUMNS TO REMAIN EXISTING DOOR / WINDOW TO BE INFILLED EXISTING STAIRS TO BE REMOVED EXISTING WINDOWS TO REMAIN EXISTING DOORS AND WINDOWS TO BE DEMOLISHED NEW ELEVATOR NEW STAIRS NEW EXTERIOR DOOR / WINDOW NEW ENCLOSED STAIRS EXISTING TRASH ROOM TO BE DEMOLISHED AND REBUILT EXISTING GATES TO BE DEMOLISHED NEW GATES EXISTING COURTYARD TO BE REDESIGNED (SEE LANDSCAPE DRAWINGS) NEW WINDOW SYSTEM AT EXISTING BUILDING EXISTING TREE TO BE REMOVED NEW TRASH ROOM SEISMIC JOINT EXISTING DOOR TO REMAIN NEW WINDOW SYSTEM RESTROOMS AND SERVICES CORE LIMESTONE WALL NEW INTERIOR DOOR / WINDOW IN EXISTING WALL PLASTER WALL CANOPY SPANISH CLAY TILES DECK AREA EXISTING FIRST FLOOR PLAN A4.2 49'-7" 52 ' - 1 " 28 ' - 0 " 6'-0" 42 ' - 0 " 6' - 4 " 49'-6" 65 ' - 1 0 " 64'-11" OLD VILLAGES OFFICE LA COMIDA DINING ROOM KITCHEN VILLAGES OFFICES HEALTH LIBRARY NORTH LOBBY REST.REST. OFFICE FRIENDSHIP ROOM STAFF STAFF LOBBY JAN. REST.REST. OFFICE OFFICE OFFICE OFFICE OFFICE OFFICEOFFICE OFFICE OFFICE SOUTH LOBBY 20'-3" EXISTING FIRST FLOOR 3/32" 114'-6" 58'-2"6'-9" 89 ' - 1 1 " 5' - 7 " 17'-8"12'-10"20'-3" 115'-7" 24 ' - 1 1 " 11 7 ' - 6 " 40 ' - 6 " 42 ' - 3 " 30'-2" 12 4 ' - 3 " 30 ' - 5 " 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES EXISTING ELEVATOR TO BASEMENT TO BE REFURBISHED EXISTING STAIRS TO REMAIN EXISTING EXTERIOR STAIRS TO REMAIN EXISTING STRUCTURAL COLUMNS TO REMAIN EXISTING DOOR / WINDOW TO BE INFILLED EXISTING STAIRS TO BE REMOVED EXISTING WINDOWS TO REMAIN EXISTING DOORS AND WINDOWS TO BE DEMOLISHED NEW ELEVATOR NEW STAIRS NEW EXTERIOR DOOR / WINDOW NEW ENCLOSED STAIRS EXISTING TRASH ROOM TO BE DEMOLISHED AND REBUILT EXISTING GATES TO BE DEMOLISHED NEW GATES EXISTING COURTYARD TO BE REDESIGNED (SEE LANDSCAPE DRAWINGS) NEW WINDOW SYSTEM AT EXISTING BUILDING EXISTING TREE TO BE REMOVED NEW TRASH ROOM SEISMIC JOINT EXISTING DOOR TO REMAIN NEW WINDOW SYSTEM RESTROOMS AND SERVICES CORE LIMESTONE WALL NEW INTERIOR DOOR / WINDOW IN EXISTING WALL PLASTER WALL CANOPY SPANISH CLAY TILES DECK AREA PROPOSED FIRST FLOOR PLAN A4.3 OFFICE 2'-5" WORKSTATIONS RECEP. LA COMIDA DINING ROOM KITCHEN MULTI. LA COMIDA AREA LOBBY SOCIAL WORKER FACILITY MAINTENANCE TOOLS AND SUPPLIES CENTER DIRECTORREST. WORKS. OFFICE AGE LAB. COPY PROPOSED FIRST FLOOR 3/32" 49'-7" 35 ' - 1 1 " 28 ' - 0 " 6'-0" 42 ' - 0 " 6' - 4 " 64'-11" 114'-6" 58'-2"6'-9" 12 4 ' - 3 " 5' - 7 " 17'-8"12'-10"20'-3" 115'-7" 11 5 ' - 6 " 40 ' - 6 " 42 ' - 3 " 30'-2" 10 ' - 5 " 28 ' - 8 " 2' - 0 " 37'-6" 11'-9" PASS WINDOW 4' - 4 " 3'-7" NEW WALLS LEGEND EXISTING WALLS 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES EXISTING ELEVATOR TO BASEMENT TO BE REFURBISHED EXISTING STAIRS TO REMAIN EXISTING EXTERIOR STAIRS TO REMAIN EXISTING STRUCTURAL COLUMNS TO REMAIN EXISTING DOOR / WINDOW TO BE INFILLED EXISTING STAIRS TO BE REMOVED EXISTING WINDOWS TO REMAIN EXISTING DOORS AND WINDOWS TO BE DEMOLISHED NEW ELEVATOR NEW STAIRS NEW EXTERIOR DOOR / WINDOW NEW ENCLOSED STAIRS EXISTING TRASH ROOM TO BE DEMOLISHED AND REBUILT EXISTING GATES TO BE DEMOLISHED NEW GATES EXISTING COURTYARD TO BE REDESIGNED (SEE LANDSCAPE DRAWINGS) NEW WINDOW SYSTEM AT EXISTING BUILDING EXISTING TREE TO BE REMOVED NEW TRASH ROOM SEISMIC JOINT EXISTING DOOR TO REMAIN NEW WINDOW SYSTEM RESTROOMS AND SERVICES CORE LIMESTONE WALL NEW INTERIOR DOOR / WINDOW IN EXISTING WALL PLASTER WALL CANOPY SPANISH CLAY TILES DECK AREA EXISTING SECOND FLOOR PLAN A4.4 EXISTING SECOND FLOOR 3/32" 30 ' - 5 " 89 ' - 1 1 " 64'-11" 112'-5" 17'-8"10'-6"25'-0" 120'-4" 12 2 ' - 3 " 45 ' - 3 " 56 ' - 1 0 " 20 ' - 3 " 2'-4" OFFICE OFFICE OFFICE OFFICE OFFICEOPEN AREA OFFICE OFFICE OFFICE LOBBY REST. REST. STORAGE MULTI.BOARD ROOM CLASSROOM CLASSROOM CONFERENCE COPY LOUNGE OPEN AREA 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES EXISTING ELEVATOR TO BASEMENT TO BE REFURBISHED EXISTING STAIRS TO REMAIN EXISTING EXTERIOR STAIRS TO REMAIN EXISTING STRUCTURAL COLUMNS TO REMAIN EXISTING DOOR / WINDOW TO BE INFILLED EXISTING STAIRS TO BE REMOVED EXISTING WINDOWS TO REMAIN EXISTING DOORS AND WINDOWS TO BE DEMOLISHED NEW ELEVATOR NEW STAIRS NEW EXTERIOR DOOR / WINDOW NEW ENCLOSED STAIRS EXISTING TRASH ROOM TO BE DEMOLISHED AND REBUILT EXISTING GATES TO BE DEMOLISHED NEW GATES EXISTING COURTYARD TO BE REDESIGNED (SEE LANDSCAPE DRAWINGS) NEW WINDOW SYSTEM AT EXISTING BUILDING EXISTING TREE TO BE REMOVED NEW TRASH ROOM SEISMIC JOINT EXISTING DOOR TO REMAIN NEW WINDOW SYSTEM RESTROOMS AND SERVICES CORE LIMESTONE WALL NEW INTERIOR DOOR / WINDOW IN EXISTING WALL PLASTER WALL CANOPY SPANISH CLAY TILES DECK AREA PROPOSED SECOND FLOOR PLAN A4.5 PROPOSED SECOND FLOOR 3/32" 30 ' - 5 " 89 ' - 1 1 " 6' - 4 " 64'-11" 112'-5" 17'-8"10'-6"25'-0" 120'-4" 12 2 ' - 3 " 45 ' - 3 " 10 ' - 5 " 28 ' - 8 " 2'-4" 35 ' - 1 1 " 37'-5" 11'-10" 60'-6" 4' - 4 " NEW WALLS LEGEND EXISTING WALLS 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES EXISTING ELEVATOR TO BASEMENT TO BE REFURBISHED EXISTING STAIRS TO REMAIN EXISTING EXTERIOR STAIRS TO REMAIN EXISTING STRUCTURAL COLUMNS TO REMAIN EXISTING DOOR / WINDOW TO BE INFILLED EXISTING STAIRS TO BE REMOVED EXISTING WINDOWS TO REMAIN EXISTING DOORS AND WINDOWS TO BE DEMOLISHED NEW ELEVATOR NEW STAIRS NEW EXTERIOR DOOR / WINDOW NEW ENCLOSED STAIRS EXISTING TRASH ROOM TO BE DEMOLISHED AND REBUILT EXISTING GATES TO BE DEMOLISHED NEW GATES EXISTING COURTYARD TO BE REDESIGNED (SEE LANDSCAPE DRAWINGS) NEW WINDOW SYSTEM AT EXISTING BUILDING EXISTING TREE TO BE REMOVED NEW TRASH ROOM SEISMIC JOINT EXISTING DOOR TO REMAIN NEW WINDOW SYSTEM RESTROOMS AND SERVICES CORE LIMESTONE WALL NEW INTERIOR DOOR / WINDOW IN EXISTING WALL PLASTER WALL CANOPY SPANISH CLAY TILES DECK AREA PROPOSED THIRD FLOOR PLAN A4.6 EXISTING SECOND FLOOR 3/32" 28 ' - 0 " 89 ' - 1 1 " 2' - 4 " 69'-8"15'-3"10'-6"25'-0" 120'-4" 11 7 ' - 1 1 " 45 ' - 3 " 10 ' - 5 " 2'-4" 35 ' - 1 1 " 37'-6" 11'-10" 60'-6" 2' - 4 " 4' - 4 " 2'-5" 3'-7" 31 ' - 2 " NEW WALLS LEGEND EXISTING WALLS 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES EXISTING ELEVATOR TO BASEMENT TO BE REFURBISHED EXISTING STAIRS TO REMAIN EXISTING EXTERIOR STAIRS TO REMAIN EXISTING STRUCTURAL COLUMNS TO REMAIN EXISTING DOOR / WINDOW TO BE INFILLED EXISTING STAIRS TO BE REMOVED EXISTING WINDOWS TO REMAIN EXISTING DOORS AND WINDOWS TO BE DEMOLISHED NEW ELEVATOR NEW STAIRS NEW EXTERIOR DOOR / WINDOW NEW ENCLOSED STAIRS EXISTING TRASH ROOM TO BE DEMOLISHED AND REBUILT EXISTING GATES TO BE DEMOLISHED NEW GATES EXISTING COURTYARD TO BE REDESIGNED (SEE LANDSCAPE DRAWINGS) NEW WINDOW SYSTEM AT EXISTING BUILDING EXISTING TREE TO BE REMOVED NEW TRASH ROOM SEISMIC JOINT EXISTING DOOR TO REMAIN NEW WINDOW SYSTEM RESTROOMS AND SERVICES CORE LIMESTONE WALL NEW INTERIOR DOOR / WINDOW IN EXISTING WALL PLASTER WALL CANOPY SPANISH CLAY TILES DECK AREA EXISTING AND PROPOSED ROOF PLAN A4.7 10'-1" 55 ' - 3 " 2'-4" 69'-8" 60'-6" 25'-0" 31 ' - 8 " 45 ' - 3 " 14'-3"32'-10" 22'-9" 94 ' - 8 " 28 ' - 0 " 11'-10"48'-8" 11 ' - 1 0 " 16 ' - 2 " 41'-5" LEGEND PORTION OF THE OVERHANGING OF 1920s BUILDING TO REMOVE AND SAVE (2' 4'') EXISTING ROOF PLAN - DEMOLITION ROOF PLAN - PROPOSED ROOF PLAN - 69'-8" 94 ' - 8 " 71 ' - 0 " 11 ' - 1 0 " 18'-5" 10'-6" 25'-0" 11 ' - 1 0 " 11 ' - 1 0 " 16 ' - 2 " 88'-9"28 ' - 0 " 6'-9" 112'-6" 56 ' - 1 0 " 20 ' - 3 " 45 ' - 3 " 52'-0" 2'-4" 56 ' - 1 0 " 2' - 4 " 19'-0" 2'-4" 59 ' - 6 " PORTION OF THE OVERHANGING OF 1970s BUILDING TO REMOVE AND SAVE (2' 4'') +27'-0" +35'-0" +37'-0" +38'-0" T.O.P. +36'-0" T.O.P. T.O.D. +44'-0" T.O.P. +43'-0" +42'-0" T.O.P. +41'-0" 9'-4"10'-1" 22'-6" 10'-1" 15 ' - 4 " 22 ' - 5 " 4' - 4 " 37 ' - 6 " 15 ' - 4 " +0'-0"DENOTES ELEVATION POINT T.O.D.TOP OF ROOF DECK ELEVATION T.O.P.TOP OF PARAPET ELEVATION +38'-0" ROOF RIDGE @ +/- 17'-0'' ROOF RIDGE @ +/- 35'-0'' ROOF @ +/- 9'-0'' ROOF RIDGE @ +/- 17'-0'' 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES SPANISH CLAY TILES EXISTING TRASH ENCLOSURE TO BE DEMOLISHED EXISTING STAIRS TO SECOND FLOOR TO BE DEMOLISHED DECK AREA NOTE: REMOVED HISTORIC TILES TO BE SAVED AND REUSED +0'-0'' +16'-0'' +0'-0'' EXISTING ELEVATIONS A5.0 SOUTHWEST ELEVATION 3/32"SOUTHEAST ELEVATION 3/32" NORTHWEST ELEVATION 3/32"NORTHTHEAST ELEVATION 3/32" NORTHEAST ELEVATION (BRYANT STREET)NORTHWEST ELEVATION (COGSWELL PLAZA)SOUTHEAST ELEVATION (PARKING LOT)SOUTHWEST ELEVATION (BACK ALLEY) SPANISH CLAY TILES SPANISH CLAY TILESMULTI-PANE STEEL CASEMENT WINDOWS SPANISH CLAY TILES STUCCO EXTERIOR FINISH STUCCO EXTERIOR FINISH SPANISH CLAY TILES MULTI-PANE STEEL CASEMENT WINDOWS WOOD FRAME FRENCH DOORS TILED BULKHEAD WALL MULTI-PANE GLAZED PEDESTRIAN ENTRY DOOR BALCONIES WITH WROUGHT IRON HARDWARE SPANISH CLAY TILES STUCCO EXTERIOR FINISH SPANISH CLAY TILES SPANISH CLAY TILES MULTI-PANE STEEL CASEMENT WINDOWS STUCCO EXTERIOR FINISH SPANISH CLAY TILES MULTI-PANE STEEL CASEMENT WINDOWS SPANISH CLAY TILES STUCCO EXTERIOR FINISH STUCCO EXTERIOR FINISHMETAL GATE STEEL BARS TO SECURE WINDOW TRASH ENCLOSURE 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 PROPOSED ELEVATIONS A5.1 SOUTHWEST ELEVATION -SOUTHEAST ELEVATION - NORTHWEST ELEVATION -NORTHEAST ELEVATION - 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES HIGH PERFORMANCE CLEAR GLASS SYSTEM SPANISH CLAY TILE ROOFING PLASTER WALL LIMESTONE WALL STEEL AND GLASS ENTRY CANOPY ALUMINUM REVEALS ALUMINUM FRAMES NEW GATE NEW TRASH ENCLOSURE PROPOSED ELEVATIONS (ALTERNATIVE) A5.1 SOUTHWEST ELEVATION -SOUTHEAST ELEVATION - NORTHWEST ELEVATION -NORTHEAST ELEVATION - 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES HIGH PERFORMANCE CLEAR GLASS SYSTEM SPANISH CLAY TILE ROOFING PLASTER WALL LIMESTONE WALL STEEL AND GLASS ENTRY CANOPY ALUMINUM REVEALS ALUMINUM FRAMES NEW GATE NEW TRASH ENCLOSURE NOTE: ELEVATIONS SOUTHEAST AND NORTHWEST SHOW A DIFFERENT MATERIAL OPTION IN THE REAR WALL REAR BIRGE CLARK BUILDING ALTERATIONS PLAN A5.2 EXISTING REAR BIRGE CLARK BUILDING ELEVATION (FROM THE COURTYARD)1/8" EXISTING REAR BIRGE CLARK BUILDING ELEVATION (FROM THE PARKING LOT)1/8" In order to retain the integrity of the existing building and maintain its historic character, the proposed addition will avoid the removal or alteration of important historic materials, features and spaces that characterize the property (Standard 2). With this main goal, the rear existing facade of the Birge Clark building will be preserved as much as possible. Part of the existing exterior elevation will turn into an interior one. As depicted in the graphic (left side of the sheet), when walking through the new addition, part of the historic facade will be seen from different positions and perspectives. 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES EXISTING WINDOW TO BE REMOVED EXISTING WINDOW TO REMAIN EXISTING WINDOW / DOOR TO BE INFILLED AND REMAIN NEW WINDOW / DOOR EXISTING BUILDING TO BE REMOVED EXISTING DOOR TO BE REMOVED EXISTING DOOR TO REMAIN EXISTING DOOR TO BE MODIFIED AND REMAIN EXISTING GATE TO BE REMOVED EXISTING STAIRS TO SECOND FLOOR TO BE REMOVED EXISTING TILE ROOF TO REMAIN EXISTING WOOD CANOPY TO BE REMOVED EXISTING OLD VILLAGES OFFICE BUILDING TO REMAIN EXISTING TREE TO BE REMOVED EXISTING BUILDING MOLDINGS TO REMAIN REAR BIRGE CLARK BUILDING ALTERATIONS PLAN A5.3 ALTERATIONS IN THE EXISTING BIRGE CLARK BUILDING 1/8" PROPOSED REAR BIRGE CLARK BUILDING ELEVATION 1/8" SECOND FLOOR PROPOSED WALL FIRST FLOOR PROPOSED WALL LEGEND EXISTING WALL TO BE VISIBLE EXISTING WALL TO BE INFILLED 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES EXISTING WINDOW TO BE REMOVED EXISTING WINDOW TO REMAIN EXISTING WINDOW / DOOR TO BE INFILLED AND REMAIN NEW WINDOW / DOOR EXISTING BUILDING TO BE REMOVED EXISTING DOOR TO BE REMOVED EXISTING DOOR TO REMAIN EXISTING DOOR TO BE MODIFIED AND REMAIN EXISTING GATE TO BE REMOVED EXISTING STAIRS TO SECOND FLOOR TO BE REMOVED EXISTING TILE ROOF TO REMAIN EXISTING WOOD CANOPY TO BE REMOVED EXISTING GARDEN ROOM BUILDING TO REMAIN EXISTING TREE TO BE REMOVED EXISTING BUILDING MOLDINGS TO REMAIN +0'-0" First floor +0'-0" First floor +16'-0" Second floor +35'-0" Top of parapet MULTI. Existing Birge Clark BuildingProposed addition +16'-0" Second floor +28'-0" Third floor +41'-0" Top of parapet SECTION 3/8" +0'-0" First floor +0'-0" First floor +16'-0" Second floor +35'-0" Top of parapet OFFICE OFFICE OFFICE OFFICE LA COMIDA AREA MULTI. Existing Birge Clark BuildingProposed addition +16'-0" Second floor +28'-0" Third floor +41'-0" Top of parapet STAIR CORE LA COMIDA DINING ROOM WELLNESS AREA FITNESS ROOM STAIR CORE BUILDING SECTIONS A6.0 SECTION 3/8" 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES GENERAL NOTES NOT ALL NOTES APPLY1. SINGLE PLY ROOFING SYSTEM OVER RIGID INSULATION BOARD AND EXTERIOR SHEATHING METAL DECKING WITH CONCRETE FILL STRUCTURAL BEAM STRUCTURAL STEEL COLUMN STONE WALL ALUMINUM REVEAL HIGH-PERFORMANCE CLEAR GLASS SYSTEM WITH ALUMINUM FRAMES CONCRETE SLAB / FOUNDATION CLEAR GLASS HANDRAIL SYSTEM WITH METAL BALAUSTERS METAL STAIR SYSTEM EXPANSION JOINT EXISTING MECHANICAL WELL NEW MECHANICAL WELL EXISTING STUCCO WALL PROPOSED STUCCO WALL REINFORCED CONCRETE AND WOOD FRAMING STRUCTURE SPANISH CLAY TILE ROOFING EXISTING MULTI-PANE STEEL CASEMENT WINDOW EXISTING WINDOW / DOOR TO REMAIN EXISTING WINDOW / DOOR TO BE INFILLED NEW WINDOW / DOOR IN EXISTING WALL NEW TRASH ENCLOSURE ELEVATOR SHAFT 49'-7" +43'-0" +43'-0" 64'-11" 49'-7"64'-11" SECTION 3/8" +0'-0" First floor Existing 1970's additionProposed addition +16'-0" Second floor +28'-0" Third floor +41'-0" Top of parapet LA COMIDA DINING ROOM WELLNESS AREA FITNESS ROOM +0'-0" First floor +17'-0" Top of parapet NEW CLASSROOMKITCHEN BUILDING SECTIONS A6.1 SECTION 3/8" 2014 KENNETH RODRIGUES & PARTNERS, INC.C PROJECT NO. DRAWN BY SCALE DATE K E N N E T H R O D R I G U E S & P A R T N E R S I N C . M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0 CONSULTANT 129.021 AS SHOWN REVISION CHECKED BY AVENIDAS 450 BRYANT STREET PALO ALTO PALO ALTO, CALIFORNIA 05.27.15 PRELIMINARY SUBMITTAL 05.27.15 SHEET KEYNOTES GENERAL NOTES NOT ALL NOTES APPLY1. SINGLE PLY ROOFING SYSTEM OVER RIGID INSULATION BOARD AND EXTERIOR SHEATHING METAL DECKING WITH CONCRETE FILL STRUCTURAL BEAM STRUCTURAL STEEL COLUMN STONE WALL ALUMINUM REVEAL HIGH-PERFORMANCE CLEAR GLASS SYSTEM WITH ALUMINUM FRAMES CONCRETE SLAB / FOUNDATION CLEAR GLASS HANDRAIL SYSTEM WITH METAL BALAUSTERS METAL STAIR SYSTEM EXPANSION JOINT EXISTING MECHANICAL WELL NEW MECHANICAL WELL EXISTING STUCCO WALL PROPOSED STUCCO WALL REINFORCED CONCRETE AND WOOD FRAMING STRUCTURE SPANISH CLAY TILE ROOFING EXISTING MULTI-PANE STEEL CASEMENT WINDOW EXISTING WINDOW / DOOR TO REMAIN EXISTING WINDOW / DOOR TO BE INFILLED NEW WINDOW / DOOR IN EXISTING WALL NEW TRASH ENCLOSURE ELEVATOR SHAFT +0'-0" First floor +16'-0" Second floor +28'-0" Third floor +41'-0" Top of parapet +0'-0" +9'-0" +27'-0" +35'-0" +23'-0" ENCLOSED STAIRS CORRIDOR REST.MULTI. MULTI. LOBBYLOUNGE City of Palo Alto (ID # 6020) City Council Staff Report Report Type: Action Items Meeting Date: 10/19/2015 City of Palo Alto Page 1 Council Priority: City Finances Summary Title: Storm Drainage Fee Renewal Title: Recommendation to Direct Staff to Develop and Plan for Election to Authorize Continuation of Storm Drain Fees to Fund Capital Improvements and Operations After Current Fees Sunset in 2017, Including Appointment of a Citizen Advisory Committee and a Potential 2016 Property Owner All-Mail Election From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Direct staff to work towards a Fall 2016 property owner vote-by-mail election to authorize imposition of property-related fees to fund the Storm Drainage Enterprise Fund beyond the funding term of the previous storm drain measure, which property owners approved in 2005 and which sunsets in June 2017; and 2. Provide guidance and direct the City Manager to appoint a citizen advisory committee to assist staff with the development of the 2016 funding measure, including a list of operational programs and capital improvement projects to be funded by the fees. Executive Summary The City’s storm drain capital improvement, maintenance and water quality protection programs are funded by Storm Drainage Fees imposed on all developed properties in the City and collected through monthly utility bills. Before 1996, cities had the authority to establish reasonable storm drainage fees City of Palo Alto Page 2 as part of the annual budget process. In November 1996, however, California voters passed Proposition 218, which dictates that property-related fees (except fees to fund sewer, water and refuse collection services) cannot be imposed or increased without the approval of a majority of property owners subject to the fee or two-thirds of voters. Palo Alto property owners approved a ballot measure in 2005 that increased the Storm Drainage Fee to cover the cost of seven high-priority storm drain capital improvement projects, enhanced storm drain system maintenance and storm water quality protection programs, baseline staffing, and debt service payments for revenue bonds used to fund past storm drain capital improvements. These property owner-authorized storm drainage fees are due to sunset in June 2017, which will create a funding shortage for the Storm Drainage Fund. Unless a new ballot measure is approved, storm drain maintenance operations will be curtailed and necessary capital improvements will not be made. Staff believes that it is critical to begin planning now for the development and placement before property owners of a new measure authorizing updated storm drainage fees. This report contains information supporting staff’s recommendation that Council direct staff to convene a citizen advisory committee to assist with the creation of a ballot measure, including needed storm drain projects and programs, to be presented to property owners for approval in Fall 2016. This staff report was reviewed by the Finance Committee at their September 22, 2015 meeting. The Committee members were generally supportive of the recommendation to seek property owner approval of a storm drainage fee that will continue to support a full-fledged storm drain program after the fees authorized by the 2005 storm drain ballot measure sunset in June 2017, but decided the matter should be taken up by the full Council without recommendation from the Committee. Background The City’s storm drain capital improvement, maintenance and water quality protection programs are funded through the Storm Drainage Fund, an enterprise fund established by Council in 1989. Prior to 1989, storm drain system maintenance and a very limited capital improvement program were funded by City of Palo Alto Page 3 the General Fund. Revenue to fund the Storm Drainage Fund’s programs and projects is currently generated by a Storm Drainage Fee assessed to all developed properties in the City on monthly utility bills. The Storm Drainage fee schedule is based upon the premise that a property’s use of the municipal storm drain system is dependent upon the amount of storm water runoff that it generates during storm events, which in turn is related to the amount of impervious surface (hardscape such as buildings, driveways, patios, parking lots, etc.) on the property. The Storm Drainage fee schedule has three flat rates for single-family residential parcels based on lot size and a multi- family/commercial/industrial rate based on actual measured impervious surface on each parcel (see Attachment A: Utility Rate Schedule D-1 - General Storm and Surface Water Drainage; and Attachment B: Utility Rule and Regulation 25 - General Storm and Surface Water Drainage). The Storm Drainage rate schedule billing unit is the Equivalent Residential Unit (ERU), which equates to 2,500 square feet of impervious surface, the amount of hardscape on a typical Palo Alto single- family residential property. The Storm Drainage Fee was originally set with the establishment of the Storm Drainage Enterprise Fund in 1989 at a rate of $3.25 per month per ERU. Council increased the monthly rate to $4.25 per month per ERU as part of the FY 1994 budget approval process. Council traditionally had the authority to set the Storm Drainage rates as part of the annual City budget approval process. In November 1996, however, California voters passed Proposition 218, a comprehensive constitutional amendment that sets substantive and procedural requirements for many types of property-related fees, assessments, and taxes. Under Proposition 218, most property-related fees (with some exceptions) cannot be imposed or increased without the approval of a majority of property owners subject to the fee or a supermajority of voters. California courts have held that storm drainage fees like Palo Alto’s are property- related fees subject to Proposition 218’s procedural and substantive requirements. As a result, the City must obtain property-owner or voter approval before increasing Storm Drainage fees. After the rate increase in FY 1994, Storm Drainage Fund expenses continued to increase annually, and eventually put the Fund into a deficit situation wherein the Fund revenues could not cover the base operational costs of the storm drain program and all capital improvements were deferred. This led to the need for an City of Palo Alto Page 4 annual General Fund subsidy to cover the Storm Drainage Fund’s operational funding shortfall. To eliminate the General Fund operational subsidy payment to the Storm Drainage Fund and generate funding for needed storm drainage capital improvements, the City conducted a property owner election in September 2000 per the requirements of Proposition 218, seeking approval to increase the Storm Drainage Fee from its then-current level of $4.25 per month per ERU up to $9.00 per month. The ballot measure was unsuccessful, with an approval rate of only 37 percent. Staff analyzed the failed September 2000 Storm Drainage Fee election and concluded that it was not successful because it lacked adequate public vetting. Staff realized that the community would have been more responsive to a resident-driven, grass roots campaign and that it would be critical that the scope and size of any future fee increase proposal represent the desire of the majority of community members. Therefore, Council approved a staff recommendation that the City Manager convene a Blue Ribbon Committee of community and neighborhood leaders to assist in the development of a plan to fund storm drain improvements. The Blue Ribbon Committee, working cooperatively with staff from the Public Works and Administrative Services Departments, was tasked with making recommendations to Council on the scope, size, and timing of the next funding proposal. The Blue Ribbon Committee of fifteen residents, business representatives and community leaders led by former Mayor Larry Klein had its first meeting on May 3, 2002 and met 18 times for a total of 45 hours through mid-2004. At its final meeting on July 23, 2004, the committee voted on and approved a set of recommendations. The committee’s recommendations included a set of specific provisions and projects that resonated with property owners and resulted in approval of a fee increase. Key provisions in the ballot measure included a “sunset” on the higher fees, a cap on incremental annual fee increases subject to Council approval, and the creation of an oversight committee to ensure that the funds would be expended according to the terms of the ballot measure. Council gave final approval to the Blue Ribbon Committee’s recommendations on December 6, 2004 and authorized a property owner ballot-by-mail election to be held in April 2005. The City conducted a property owner election in April 2005 seeking approval of an City of Palo Alto Page 5 increased Storm Drainage Fee to fund needed storm drain capital improvements and enhanced storm drain maintenance and storm water quality protection. The ballot measure included the following key elements: An initial Storm Drainage Fee of $10.00 per month per ERU (fee for the typical single-family residential property owner) Funding for seven high-priority storm drain capital improvements, estimated to cost approximately $17 million (2004 dollars) Annual funding for innovative projects that reduce storm water runoff and pollutant levels Annual inflation-based adjustments to the proposed fee increase, subject to Council approval, with a maximum annual increase of 6% Twelve-year sunset provision for the proposed fee increase (ending in June 2017) Council appointment of a citizen oversight committee tasked with ensuring that the money raised from the increased Storm Drainage Fee is spent in accordance with the ballot measure The Storm Drainage 2005 ballot measure (see Attachment C for a complete copy of the ballot) was approved, with 58 percent of responding property owners voting in favor of the fee increase. Passage of the measure allowed for the elimination of what had grown to be annual subsidy funding of approximately $0.8 million from the General Fund in support of the Storm Drainage Fund in FY 2005. The successful 2005 Storm Drainage ballot measure has provided enhanced revenue for a fully self-sufficient Storm Drainage Fund, including funding for capital projects and ongoing operating expenses. Five of the seven storm drain capital improvement projects specified in the ballot measure have been completed to-date. The final one-third of the Lincoln Avenue Storm Drain Improvements is due to be constructed in FY 2016, and the final project – the Matadero Storm Water Pump Station Improvements – will be designed this fiscal year, with construction scheduled to start in FY 2017 (see Attachment D for a status update on the Storm Drainage Fund Capital Improvement Program). In addition to capital projects, the Storm Drainage Fund provides funding to comply with the City’s stringent storm water permit requirements. The Federal Clean Water Act requires the City to comply with a State-issued permit to discharge City of Palo Alto Page 6 storm water. The Municipal Regional Storm Water Discharge Permit became effective in 2009, and a new version will be issued this fall. The main goals of the storm water permit are to avoid discharge of substances other than rain to the storm drain system. The Council-appointed Storm Drain Oversight Committee of local residents has performed annual reviews of the Storm Drainage Fund budget and expenditures to ensure compliance with the approved 2005 ballot measure. As authorized by property owners through the ballot measure, Council has approved increases in the base single-family residential Storm Drainage rate of $10.00 per month per ERU each year based on the local rate of inflation. The base rate for FY 2016 is $12.63 per month per ERU, representing an average increase of 2.4 percent per year since 2005. If no action is taken to approve updated fees, the previously-approved fees will sunset in 2005. The fee will revert back to its pre-2005 level of $4.25 per month per ERU in June 2017. Revenue from the $4.25 per month fee will not support current operational costs for storm drain system maintenance and State-mandated storm water quality protection programs and will provide no funding for continuation of a storm drain capital improvement program. The seven high-priority storm drain capital improvement projects specified for funding in the 2005 Storm Drainage ballot measure were based on recommendations made in the 1993 Storm Drain Master Plan. During the Blue Ribbon Committee’s deliberations on the scope and size of the ballot measure, the committee acknowledged that there were a number of additional capital projects that would need to be funded after the June 2017 sunset date. Much of the City’s storm drainage infrastructure was constructed in a poorly coordinated manner as part of multiple individual residential subdivision developments during the high growth years between the mid-1940s and late-1960s. Many elements of the existing storm drain system do not meet the modern design standard of being able to convey the storm runoff from a 10% or 10-year recurrence storm event without street flooding. In preparation for a potential future Storm Drainage ballot measure, staff completed a Storm Drain Master Plan Update in June 2015 that rexamined and reprioritized the storm drain capital improvements needed to increase the flow capacity of the City’s storm drain system to bring it into conformance with current design standards. The Master Plan Update identifies an estimated $14 million in City of Palo Alto Page 7 highest-priority storm drain capital improvement projects and $23 million in high- priority projects needed for flow capacity augmentation (the Storm Drain Master Plan is posted for viewing at: http://www.cityofpaloalto.org/gov/depts/pwd/stormwater/drains.asp). Discussion Staff believes that it is critical to begin planning for the development and presentation to property owners of a new Storm Drainage ballot measure seeking approval of increased storm drain funding before the 2005 measure sunsets in June 2017. If the Storm Drainage Fee reverts back to its pre-2005 level of $4.25 per month per ERU, it will generate approximately $2.1 million per year. This amount of revenue would not fully support a minimum level of storm drainage service, which would cost approximately $3.5 million per year, as itemized below: Baseline staff and expenses $2.5 million Annual debt service (through FY 2024) $1.0 million (for past revenue bonds used to fund storm drain capital projects) In addition, the pre-2005 level of funding would preclude any further storm drain capital improvement projects. Furthermore, there are new or modified storm drain programs that will likely need additional funding in the future, including State-mandated storm water quality protection programs such as green infrastructure planning and implementation expected to be required in the next Municipal Regional Storm Water Discharge Permit and enhanced storm drain system maintenance. Approval of a new Storm Drainage Fee requires multiple steps, including specific procedures mandated by Proposition 218. The first step is the development of a detailed spending plan of storm drain capital improvement projects and operational programs to be paid for with the increased fees, along with the costs associated with the plan. Next, the specific monthly fee to be charged to each developed land parcel in the City would need to be tabulated. Public notices including a detailed description of the spending plan and parcel-specific monthly cost information would then be mailed to each property owner. The mailing of the public notices would initiate a 45-day comment period which would culminate with a majority protest hearing held during a regular Council City of Palo Alto Page 8 meeting. Property owners would have the opportunity to appear before Council during the hearing to register their concerns and protest the proposed fee increase. Those opposed to the proposed fee increase would need to submit a written protest to the City Clerk in order to officially register their opposition. At the end of the hearing, the City Clerk would report the number of valid written protests so that the Council could determine whether a majority protest had been received. If Council were to determine, at the close of the public testimony portion of the public hearing, that written protests had been received from property owners representing a majority of the parcels subject to the proposed fee increase, the Mayor would declare the proceedings closed, and the fee increase would not be approved. If, however, Council were to determine that less than a majority of property owners have submitted written protest, the Council could choose to move forward to the next stage of the Proposition 218 approval process, the mailing of ballots to eligible property owners. Assuming that Council were to decide to call for a mail ballot proceeding, the ballots would then be mailed to all eligible property owners. Ballots for the Storm Drainage Fee ballot proceeding would consist of a single question that requires a checkmark either for or against the proposed fee increase. The ballots would be supplemented with a summary of the balloting procedures and a description of the proposed fee and storm drain spending plan. Ballots would be due back to the City Clerk 45 days following the mailing of the ballots. The ballot measure would be approved if a simple majority of property owners returning ballots voted in favor of the measure. If the ballot measure were approved, Council could proceed to approve the new fee schedule consistent with the ballot measure. Staff recommends that the implementation of a Storm Drainage Fee increase proposal be timed such that the ballots are sent to property owners and received in Fall 2016. This schedule would ensure that timely financial information about the Storm Drainage Fund is available for preparation of the FY 2018 budget. A potential implementation schedule for a Storm Drainage ballot measure is provided in the Timeline section of this report. One of the key lessons learned from the year 2000 and 2005 Storm Drainage ballot measures is the importance of community engagement in the development of the scope and cost of the proposed storm drain spending plan and the City of Palo Alto Page 9 associated user fee. Staff recommends that the Council direct the City Manager to appoint a Blue Ribbon Committee of community and neighborhood leaders to assist with a potential 2016 ballot measure. The Blue Ribbon Committee, working with staff from the Public Works and Administrative Services Departments, will make recommendations to Council on the scope, size, and timing of the funding proposal. Selection of the members of the Blue Ribbon Committee is an important first step in the process of developing a successful funding proposal. Staff recommends that the Blue Ribbon Committee be comprised of members with a variety of backgrounds, areas of expertise, and perspectives in order to represent the diversity of the community. For example, as a group the committee should represent the following interests: • Various land uses (e.g. residential, commercial, etc.) • Various neighborhoods (including both north and south Palo Alto) • Technical expertise • Financial expertise • Various age groups • Various demographics (e.g. income level, renters, owners, families, seniors, etc.) On an individual basis, committee members should have the following traits in common: • Interested in storm drainage and/or watershed protection as a community issue • Able to make necessary time commitment to attend meetings • Able to listen and build consensus in a group setting • In touch with the “pulse of the community” • Respected in the community Staff recommends that the Blue Ribbon Committee be assigned to work with staff to develop a funding proposal for future storm drain improvements. Staff would meet with the committee members over a five-month period to provide information about the existing storm drain funding mechanism, the capital improvements recommended in the Storm Drain Master Plan Update, other non- City of Palo Alto Page 10 capital storm drainage needs, and the requirements of Proposition 218. The committee would use this information to formulate a community-based recommendation to Council on the scope, size, and timing of the funding proposal. Specifically, the committee should address the following elements of a funding proposal: • Recommendations on the size, scope, and duration of a capital improvement program • Recommendations on the scope of enhancements to storm drain maintenance, storm water quality protection program, and other program elements • Identification of appropriate funding mechanism • If property owner election is recommended: o Timing of election o Amount of monthly Storm Drainage Fee • Identification of the length of “sunset clause” that should be incorporated into a fee increase proposal and recommendation for what will happen to the rate at “sunset” • Identification of an appropriate annual fee escalation factor to apply to the proposed rate schedule • Determination of the make-up and mission of an independent oversight body to periodically monitor the implementation of the storm drain improvements This staff report was reviewed by the Finance Committee at their September 22, 2015 meeting. Staff sought the Committee’s endorsement of the report’s recommendations, but the Committee voted unanimously to forward the report to the full Council for their review without adopting a formal position on the recommendations. The Committee members were generally supportive of the recommendation to seek property owner approval of a storm drainage fee that will continue to support a full-fledged storm drain program after the fees authorized by the 2005 storm drain ballot measure sunset in June 2017, but decided the matter should be taken up by the full Council without recommendation from the Committee. During the September 22 meeting, Committee members raised the following issues for consideration by staff and the full Council: City of Palo Alto Page 11 Timing of a potential mail-by-ballot storm drain election in Fall 2016 given the proximity to the 2016 General Election Appointment of the Blue Ribbon Committee members by the City Manager with Council guidance, or by the Council Selection of Blue Ribbon Committee members with a broad diversity of interests, talents, and geographical locations Request to review the 2015 Storm Drain Master Plan Update containing prioritized recommendations for storm drain system capacity upgrade capital improvement projects, including costs (Attachment B) Recommendation that the list of storm drain capital improvement projects to be funded by a potential ballot measure be geographically balanced throughout the City Timeline The following is a potential timeline for implementation of a Storm Drainage ballot measure: 9/22/15 Recommendations to Finance Committee on future storm drain funding 10/19/15 Council authorization to appoint Blue Ribbon Committee to recommend storm drain funding strategy, scope, and cost 11/2/15 Convene Blue Ribbon Committee 4/4/16 Conclusion of Blue Ribbon Committee deliberations; final recommendations memo (5-month deliberation period) 5/9/16 Council review/approval of Blue Ribbon Committee recommendations 6/6/16 Council adoption of resolutions proposing a Storm Drainage Fee increase and establishing procedures for protest hearing/mail ballot proceeding 7/11/16 Legal notices mailed; start of 1st 45-day noticing period City of Palo Alto Page 12 8/25/16 Protest hearing (Need at least 45-day protest period) 9/19/16 Ballots mailed 11/3/16 Ballots due back to City Clerk (Need at least 45 days between protest hearing & final balloting day) 12/5/16 Council certification of election results 6/1/17 Effective date of new rate Resource Impact In order to maintain the self-sufficiency of the Storm Drainage Fund, the City must secure property owner approval of a ballot measure authorizing increased storm drain funding before the 2005 ballot measure sunsets in June 2017. If the Storm Drainage Fee reverts back to its pre-2005 level of $4.25 per month per ERU, it will generate approximately $2.1 million per year. This amount of revenue would not support a minimum level of storm drainage service, which would cost approximately $3.5 million per year. In addition, the pre-2005 level of funding would preclude any further storm drain capital improvement projects. If a new ballot measure is not approved, storm drain system operations would need to be significantly curtailed. Policy Implications Identification of funding for storm drain capital improvements is consistent with Policy N-24 of the Comprehensive Plan, which states that the City should “improve storm drainage performance by constructing new system improvements where necessary and replacing undersized or otherwise inadequate lines with larger lines or parallel lines.” Program N-36 further states that the City should “complete improvements to the storm drainage system consistent with the priorities outlined in the City’s 1993 Storm Drainage Master Plan, provided that an appropriate funding mechanism is identified and approved by the City Council.” Environmental Review Establishment of a citizen's committee and development of a plan to propose updated storm drain fees does not constitute a project subject to California City of Palo Alto Page 13 Environmental Quality Act (CEQA) review, and no environmental analysis is required at this time. The level of future CEQA review will depend on the scope of the storm drain capital improvement projects that may be funded by the updated storm drainage fees. Staff is exploring the level of CEQA review required prior to the election and will incorporate any such review into the implementation schedule. Courtesy Copies Storm Drain Oversight Committee Attachments: ATTACHMENT A - Utility Rate Schedule D-1 (PDF) ATTACHMENT B - Utility Rule and Regulation 25 (PDF) ATTACHMENT C - 2005 Storm Drain Ballot (PDF) ATTACHMENT D - Status of Storm Drainage Fund Capital Projects Listed in 2005 Ballot Measure (PDF) GENERAL STORM AND SURFACE WATER DRAINAGE UTILITY RATE SCHEDULE D-1 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 7-1-2015 Supersedes Sheet No.D-1-1 dated 7-1-2014 Sheet No.D-1-1 A. APPLICABILITY: This schedule applies to all storm and surface water drainage service, excepting only those users and to the extent that they are constitutionally exempt under the Constitution of the State of California or who are determined to be exempt pursuant to Rule and Regulation 25. B. TERRITORY: Inside the incorporated limits of the city of Palo Alto and land owned or leased by the city. C. RATES: Per Month: Storm Drainage Fee per Equivalent Residential Unit (ERU) .......................................................$12.63 D. SPECIAL NOTES: 1. An Equivalent Residential Unit (ERU) is the basic unit for computation of storm drainage fees for residential and non-residential customers. All single-family residential properties shall be billed the number of ERUs specified in the following table, based on an analysis of the relationship between impervious area and lot size for Palo Alto properties. RESIDENTIAL RATES (Single-Family Residential Properties PARCEL SIZE (sq.ft.) ERU <6,000 sq.ft. 0.8 ERU 6,000 - 11,000 sq.ft. 1.0 ERU >11,000 sq.ft. 1.4 ERU All other properties will have ERU's computed to the nearest 1/10 ERU using the following formula: No. of ERU = Impervious Area (Sq. Ft.) 2,500 Sq. Ft. 2. For more details on the storm drainage fee, refer to Utilities Rule and Regulation 25. {End} SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 6-13-2000 Supersedes Sheet No. -1 dated 7-1-98 Sheet No. 1 A. GENERAL: For the purpose of CPAU Rate Schedule D-1 and this Rule and Regulation, the following words and terms shall be defined as follows, unless the context in which they are used clearly indicates otherwise. The definitions of words and terms set forth in Titles 12 and 13 of the Palo Alto Municipal Code shall also apply herein to the extent that they are not inconsistent herewith: 1.“Developed Parcel”shall mean any lot or parcel of land altered from its natural state by the construction, creation, or addition of impervious area, except public streets and highways. 2.“Equivalent Residential Unit (ERU)” shall mean the basic unit for the computation of storm drainage fees. The ERU’s for all parcels other than single-family residential properties shall be computed to the nearest 1/10 ERU using the following formula: Number of ERU = Impervious Area (Sq. Ft.) 2,500 Sq. Ft. The ERU's for single-family residential properties shall be computed as set forth in CPAU Rate Schedule D-1. 3. “Impervious Area”shall mean any part of any developed parcel of land that has been modified by the action of persons to reduce the land’s natural ability to absorb and hold rainfall. This includes any hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions pre-existent to development. By way of example, common impervious areas include, but are not limited to roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, or any cleared, graded, paved, graveled, or compacted surface or packed earthen materials, or areas covered with structures or other surfaces which similarly impede the natural infiltration of surface water into the soil mantle. SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 (Continued) CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 6-13-2000 Supersedes Sheet No. -2 dated 7-1-98 Sheet No. 2 4.“Non-Single-Family Residential Property”shall include all developed parcels zoned or used for multi-family, commercial, industrial, retail, governmental, or other non-single family residential purposes and shall include all developed parcels in the City of Palo Alto not defined as single-family residential property herein. 5 “Parcel”shall mean the smallest separately segregated lot, unit or plot of land having an identified owner, boundaries, and surface area which is documented for property tax purposes and given a tax lot number by the Santa Clara County Assessor. 6.“Primary CPAU Account”shall mean that CPAU account, as determined below, that will be assessed the storm drainage fee for a given developed parcel: (A) If there is only one CPAU account associated with a developed parcel, then that account is the Primary CPAU Account. (B) If there is more than one CPAU account associated with a developed parcel, then the Primary CPAU account shall be the account listed below, in order of preference: (1) The CPAU account designated as the “house account” or, if none or more than one, then; (2) The CPAU account in the name of the owner of the parcel, or if none, then; (3) The CPAU account(s) in the name of the occupier(s) of the parcel. (4) If more than one account, then the CPAU account that includes the most CPAU services. 7. “Single-Family Residential Property” shall include all developed parcels with either one or two single-family detached housing units or one two-unit attached dwelling structure commonly known as a “duplex.” 8.“Storm and Surface Water Control Facilities” shall mean all man-made structures or natural water course facility improvements, developments, properties or interest therein, made, constructed or acquired for the conveyance of storm or surface water runoff for the purpose SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 (Continued) CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 6-13-2000 Supersedes Sheet No. -3 dated 7-1-98 Sheet No. 3 of improving the quality of, controlling, or protecting life or property from any storm, flood, or surplus waters. 9.“Storm Drainage Facilities” shall mean the storm and surface water drainage systems comprised of storm and surface water control facilities and any other natural features which store, control, treat and/or convey storm and surface water. Storm Drainage Facilities shall include all natural and man-made elements used to convey storm water from the first point of impact with the surface of the earth to the suitable receiving body of water or location internal or external to the boundaries of the City of Palo Alto. Such facilities include all pipes, appurtenant features, culverts, streets, curbs, gutters, pumping stations, channels, streams, ditches, wetlands, detention/retention basins, ponds, and other storm water conveyance and treatment facilities whether public or private. See CPAU Rule and Regulation No. 8 “Access to Premises.” 10.“Storm and Surface Water”shall mean water occurring on the surface of the land, from natural causes such as rainfall, whether falling or flowing onto the land in question. 11.“Undeveloped Parcel” shall mean any parcel which has not been altered from its natural state by the construction, creation, or addition of impervious area. B. STORM DRAINAGE FEES: 1. There is hereby imposed on each and every developed parcel of land within the City of Palo Alto, and the owners and occupiers thereof, jointly and severally, a storm drainage fee. This fee is deemed reasonable and is necessary to pay for: (A) Improving the quality of storm and surface water; (B) The operation, maintenance, improvement and replacement of the existing City storm drainage facilities; and (C) The operation, maintenance, and replacement of future such facilities. It is the intent of the City of Palo Alto, and the City has calculated the storm drainage fee in such a manner, that the amount of the fee imposed upon any parcel shall not exceed the proportional cost of the service attributable to the parcel. It is the further intent of the City SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 (Continued) CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 6-13-2000 Supersedes Sheet No. -4 dated 7-1-98 Sheet No. 4 that revenues derived from the fee shall not exceed the funds required to provide the property-related services described in this Rule and Regulation 25, and that revenues derived from the fee shall not be used for any purpose other than those described in this Rule and Regulation 25. 2. All of the proceeds of these fees are deemed to be in payment for use of City storm drainage facilities by the developed parcel on, and with respect to, which the fee is imposed, and the owners and/or occupiers thereof. 3. The storm drainage fee shall be payable monthly and shall be paid to CPAU, as billed by CPAU, for each and every developed parcel in the City by the owner or occupier responsible for the Primary CPAU account for other CPAU services for the subject parcel, unless otherwise agreed in writing by CPAU. The method of billing described in this Rule and Regulation 25 has been designed for administrative efficiency. However, because the storm drainage fee is a "property-related fee" as defined by Article XIIID, Section 6 of the California Constitution, a property owner may in writing request that the storm drainage fee for a parcel owned by the property owner be billed directly to the owner, notwithstanding the typical method of billing. Because the storm drainage fee is a "property-related fee," the parcel owner shall be responsible to pay all unpaid or delinquent storm drainage fees. For administrative efficiency, the storm drainage fee for condominium and townhouse-style developments is typically billed to the CPAU account of the Homeowners' Association. 4. If a developed parcel does not have a CPAU account on the effective date of this Rule and Regulation, a new account shall be established for that parcel and billed to the owner as shown on the latest County Assessor's property tax rolls until such time as a Primary CPAU account is established for other CPAU services. 5. When an undeveloped parcel is developed, a new account shall be established and billed to the owner of that parcel as shown on the latest property tax rolls of the Santa Clara County Assessor until such time as a Primary CPAU account is established for other CPAU services. 6. BASIS FOR CALCULATION SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 (Continued) CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 6-13-2000 Supersedes Sheet No. -5 dated 7-1-98 Sheet No. 5 (A) The storm drainage fee shall be based on the relative contribution of storm and surface water from a given developed parcel to City storm drainage facilities. (B) The relative contribution of storm and surface water from each developed parcel shall be based on the amount of impervious area on that parcel and shall determine that parcel’s storm drainage fee. (C) For administrative efficiency, the impervious area of condominium and townhouse- style developments is typically calculated for the entire development rather than on a per-parcel basis. (D) The extent of impervious area will be established to the nearest square foot by any of the following methods: (1) Computation of the impervious area using on-site measurements of the apparent outside boundaries of the impervious area in or on such developed parcels made by CPAU or on its behalf; or (2) Computation of the impervious area using the dimensions of the impervious area in or on the developed parcels which are set forth and contained in the records of the office of the County Assessor. (3) Estimation, calculation and computation of the impervious area using aerial photography or photogrammetry, or using the information and data from on- site measurements of like or similar property or features or as contained in City or County records. (4) Computation of the impervious area using information submitted by building permit Applicants on forms provided by the City, subject to review and correction by the City. 7. CALCULATION OF MONTHLY FEE Monthly fees for all developed parcels shall be computed in accordance with the following formula: SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 (Continued) CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 6-1-2005 Supersedes Sheet No. -6 dated 6-13-2000 Sheet No. 6 Number of ERU’s x Rate per ERU as set forth in CPAU Rate Schedule D-1. 8. APPLICATION (A) Developed Parcels: Storm drainage fees shall apply to all developed parcels within the City, including those classified as non-profit or tax-exempt for ad valorem tax purposes. The fees shall apply to all government properties, to the full extent permitted by the constitutions of the United States and the State of California, including developed parcels of the City of Palo Alto, City-owned buildings and parks, but excluding public streets and highways. (B) Undeveloped Parcels: Storm drainage fees shall not be levied against undeveloped parcels that have not been altered from their natural state as defined herein under “Impervious Areas.” (C) Proportional Reduction of Fees: Developed parcels that have their own maintained storm drainage facility or facilities, and which do not utilize City facilities or which make no substantial contribution of storm or surface water to the City’s storm drainage facilities shall be liable to pay only that portion of the storm drainage fee attributable to the generic discharge of storm runoff (e.g. coordination with the Santa Clara Valley Water District on regional flood control projects, administration of the City's flood hazard regulations, and implementation of the urban runoff pollution prevention program) and shall not be liable to pay for the portion of the fee attributable to the actual usage of (i.e. drainage into) the City's storm drain system (e.g. storm drain system capital improvements and maintenance). Developed parcels that have a portion of their impervious area within City of Palo Alto shall be charged only for that portion of impervious area which is in the City of Palo Alto. Developed parcels that drain totally or partially into an area outside the City of Palo Alto shall be liable to pay only that portion of the storm drainage fee attributable to the generic discharge of storm runoff (e.g. coordination with the Santa Clara Valley Water District on regional flood control projects, administration of the City's flood hazard regulations, and implementation of the urban runoff pollution prevention program) and shall not be liable to pay for the portion of the fee attributable to the actual usage of (i.e. drainage into) the City's storm drain system (e.g. storm drain system capital improvements and maintenance). The City of Palo Alto has calculated the storm drainage fee for each parcel based on information available to the Public Works Department as to the amount of SPECIAL STORM AND SURFACE WATER DRAINAGE UTILITY REGULATIONS RULE AND REGULATION 25 (Continued) CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 6-1-2005 Supersedes Sheet No. -7 dated 6-13-2000 Sheet No. 7 impervious area for the parcel, as well as other relevant information regarding the parcel. However, it is the intent of the City of Palo Alto that no fee shall exceed the proportional cost of services attributable to the parcel. Therefore, a parcel owner has the right, through Administrative Review, to request a proportional reduction in the storm drainage fee if the owner believes that the parcel contributes less water to the City's storm drainage facilities or uses fewer storm or surface water treatment services, notwithstanding the amount of the parcel's impervious area. 9. ADMINISTRATIVE REVIEW (A) Any person who owns or pays the storm drainage fee for a developed parcel and who disputes the amount of any storm drainage fee for the parcel, or who requests a deferred payment schedule therefor may request a revision or modification of such fee from the City Engineer. (B) The person seeking Administrative Review shall make such request in writing pursuant to Rule and Regulation 11 Section F. The request for Administrative Review must be signed by the property owner. The City Engineer shall conduct the review. (C) The City Engineer shall review the request and all data and documentation deemed by the City Engineer to be relevant to the request, and shall make a written determination as to whether the fee for the parcel exceeds the proportional cost of the service attributable to the parcel. If the City Engineer determines that the fee is proportional to the cost of service, no adjustment shall be made. If the City Engineer determines that the fee exceeds the proportional cost of service, the fee shall be adjusted accordingly. {End} April 4, 2005 Dear Property Owner: On March 7, 2005, the City Council held a public hearing on a proposed Storm Drainage Fee increase for properties within the City of Palo Alto. In January, you were mailed a notice and informational flyer regarding this public hearing and the specific fee increase proposed for your property. After receiving public testimony, the City Council took action to submit the proposed fee increase to property owners for approval. Enclosed with this letter is an official City of Palo Alto Property Owner Ballot and an official postage paid Return Envelope. Please mark your ballot “yes” or “no” and return it in the Return Envelope to the City Clerk by no later than 8:00 p.m. on April 26, 2005, to 250 Hamilton Avenue, Palo Alto. The City must receive mailed ballots by April 26, 2005. Postmarks do no count. The votes cast as “yes” or “no” will determine the fate of this fee increase. Ballots that are not returned or are returned late cannot be counted, so please return your ballot. Two items are enclosed with these ballot materials for your information. First, a summary of the procedures for the ballot proceeding is provided on the back of this letter. The complete procedures for this process are on file at the City Clerk’s office and are posted on the City’s web site (www.cityofpaloalto.org/stormdrain). The second enclosure is a copy of Resolution 8483, which the City Council passed on December 6, 2004, to formally establish the terms and amount of the proposed fee increase, and the projects/programs on which funds will be spent if property owners approve the fee increase. If you have any questions about the ballot proceeding, or if you are disabled and need special accommodation to vote, please call City Clerk Donna Rogers at (650) 329-2571. If you have questions regarding the fee increase, please call Matt Raschke in the Public Works Department at (650) 617-3183, or visit the City’s web site at www.cityofpaloalto.org/stormdrain. Please Vote! 4/4/2005 Page 1 RESOLUTION NO. 8483 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ADOPTING THE AMOUNT OF THE PROPOSED STORM DRAINAGE FEE INCREASE, DESCRIBING THE STORM DRAIN CAPITAL IMPROVEMENTS AND PROGRAM ENHANCEMENTS ON WHICH THE PROPOSED FEE WILL BE SPENT IF APPROVED, AND ADOPTING A SCHEDULE FOR THE PROTEST HEARING AND MAIL BALLOT PROCEEDINGON THE PROPOSED FEE INCREASE [Approved By Palo Alto City Council on December 6, 2004] EXHIBIT “A” Description Of Amount Of The Proposed Storm Drainage Fee Increase A. Summary of current storm drainage fee system The City’s current storm drainage billing system is based on Equivalent Residential Units (“ERU”), which are generally determined by the square footage of impervious surface area on a property. One ERU equals 2500 square feet of impervious surface area on a property, and the current fee for one ERU is four dollars and twenty-five cents ($4.25). The ERU calculation was based on a sampling of single-family and duplex properties in the City, in which the typical impervious surface area was 2500 square feet. Thus, all single-family and duplex residential properties in the City are presumed to have one ERU of impervious surface area and are currently charged $4.25 per month for that ERU, regardless of the actual impervious surface area of their property. Commercial, industrial, institutional, government, and multi-family residential properties are charged for their actual amounts of impervious surface area, at a rate of one ERU per 2500 square feet of impervious area. B. Proposed storm drainage fee increase 1. New residential rate structure and increased fee The proposal to increase storm drainage fees involves two components. First, the charge per ERU would be raised from four dollars and twenty-five cents ($4.25) to ten dollars ($10). Second, the impervious surface area would no longer be presumed to be one ERU for all single- family and duplex properties. Instead, those properties would be placed into one of three ERU tiers based on the size of the property. Commercial, industrial, institutional, government, and multi-family residential properties would continue to be charged based on actual impervious surface area, but at the increased rate of $10 per ERU. The following tables describe the changed rate structure and proposed fee increase: RESIDENTIAL RATES (Single-Family & Duplex) PARCEL SIZE (sq.ft.) ERU PROPOSED RATE < 6,000 sq.ft. .8 ERU $8.00 6,000-11,000 sq.ft. 1 ERU $10.00 > 11,000 sq.ft. 1.4 ERU $14.00 COMMERCIAL RATES (Commercial, industrial, multifamily res.) $10.00 per 2,500 square feet of impervious surface area (ERU), rounded to the nearest 0.1 ERU. 4/4/2005 Page 2 2. Annual inflation adjustments to proposed fee increase In order to offset the effects of inflation on labor and material costs, the proposed fee increase would be subject to annual increases beyond the initial $10.00 per ERU rate as of July 1 of each year, starting in 2006. Inflation adjustments would be based on the lesser of the local rate of inflation (based on the change in the Consumer Price Index [CPI] for the San Francisco- Oakland-San Jose CSMA, published by the United States Department of Labor, Bureau of Labor Statistics) or 6 percent. The City Council would have the authority and discretion to implement inflation adjustments on an annual basis as part of the City budget process. 3. Twelve year sunset provision for proposed fee increase The proposed storm drainage fee increase would sunset twelve (12) years from the date the fee increase is implemented, as the storm drain capital improvements to be funded by the increase would be completed by that time. 4. Oversight provision for proposed fee increase The City Council would appoint an oversight committee to monitor and review the proposed storm drain capital improvements and insure that the money raised from the increased Storm Drainage Fee is spent in accordance with this resolution. The oversight committee would report its findings to the City Council at least annually. 5. Applicability of the Rate Assistance Program The City’s existing Rate Assistance Program, which provides a 20% discount to qualified low- income utility customers, would apply to the Storm Drainage Fee. 6. Pay-as-you-go funding of capital improvements The storm drain capital improvements to be funded through the proposed Storm Drainage Fee increase would be paid for on a pay-as-you-go basis, without debt financing. 7. Up-front payment of Storm Drainage Fees by City of Palo Alto In order to accelerate the construction of the proposed storm drain capital improvements, the City of Palo Alto would pre-pay in advance the Storm Drainage Fees attributable to City-owned properties for a period of twelve years, upon approval of the increased Storm Drainage Fee. 4/4/2005 Page 3 EXHIBIT “B” List Of Storm Drain Capital Improvements And Program Enhancements To Be Completed With Funding From The Proposed Fee Increase A. Seven proposed storm drain capital improvement projects 1. Construct pump station at 96” storm drain outfall to San Francisquito Creek (estimated cost = $4.5 million) 2. Install new storm drain pipelines to increase drainage capacity on Channing and Lincoln Avenues (from Channing/Heather to Lincoln/Alma) (estimated cost = $4.6 million) 3. Install Southgate neighborhood storm drain system (estimated cost = $2.0 million) 4. Extend Gailen Avenue/Bibbits Drive storm drain outfall to the Adobe Storm Water Pump Station (estimated cost = $650 thousand) 5. Connect the Clara Drive storm drains to the Matadero Storm Water Pump Station (estimated cost = $900 thousand) 6. Construct improvements to the Matadero Storm Water Pump Station and install new storm drain pipelines to increase drainage capacity leading to the Matadero Storm Water Pump station (estimated cost = $3.0 million) 7. Install storm drainage improvements along southbound Alma Street (estimated cost = $1.5 million) A map of the proposed projects is included in this exhibit. B. Proposed funding for enhanced maintenance of the City’s storm drain system 1. $500,000 budgeted annually (subject to annual adjustment for inflation) to replace and/or rehabilitate deteriorated components of the City’s storm drain system, including pipelines, catch basins, and manholes. 2. $90,000 budgeted annually (subject to annual adjustment for inflation) to fund additional storm drain maintenance resources, including staff and/or contract services, to perform services including, but not limited to, storm drain cleaning, minor storm drain repairs, video inspection of storm drain pipelines, and/or curb and gutter repairs. C. Funding of innovative projects 1. $125,000 budgeted annually (subject to annual adjustment for inflation) for innovative projects to reduce the amount of storm water runoff and environmental pollutants that enter storm drains and creeks. D. Funding of storm water quality protection activities 1. $100,000 budgeted annually (subject to annual adjustment for inflation) to pay for existing services related to storm water quality protection currently funded through the Wastewater Treatment Fund. E. Funding of additional engineering staff 1. $115,000 budgeted annually (subject to annual adjustment for inflation) for an additional staff engineer to assist with implementation of the recommended storm drain capital improvements. 5. EXTEND CLARA DRIVE STORM DRAIN TO MATADERO PUMP STATION 1. NEW PUMP STATION @ SAN FRANCISQUITO CK 6. IMPROVE MATADERO PUMP STATION& FEEDER STORM DRAINS 4. EXTEND GAILEN/BIBBITSSTORM DRAIN TOADOBE PUMP STATION 3. SOUTHGATE NEIGHBORHOODSTORM DRAINS 7. ALMA STREET STORM DRAINS (EXACT LIMITS OF PIPINGTO BE DETERMINED) 2. CHANNING/LINCOLN TRUNK LINE ($3 MILLION) ($1.5 MILLION) ($900 THOUSAND) ($650 THOUSAND) ($2 MILLION) ($4.5 MILLION) ($4.6 MILLION) Oregon Expressway C h a r l e s t o n R o a d E ast B a y s h o re W est B a y s h o r e 1 0 1 S e r ra Bo ulev a r d San Antoni o Av e n u e P a ge M i l l Road University Avenue Middlefield Road El Camino Real E m barca dero R oad E mb a r c a d e r o R o a d El Ca m i no R eal Palm Drive F o o t hil l Expr e s s 0'3000' Proposed Storm Drain Capital Improvements This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. CITY O F PALO A L TO I N C O R P O RAT E D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1 894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2004 City of Palo Alto mraschk, 2005-03-10 11:00:53PROPOSED PROJECTS - MRICS (\\cc-maps\gis$\gis\admin\Personal\mraschk.mdb) City of Palo Alto Proposed Storm Drainage Fee Increase The information in this notice and the accompanying materials were compiled and are distributed at public expense by the City of Palo Alto in compliance with Article XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and procedures adopted by the City of Palo Alto Resolution No. 8484. This information is presented in the public interest. It is not intended to influence or attempt to influence the actions of the voters to vote “yes” or “no” on the enclosed ballot. SUMMARY OF BALLOTING PROCEDURES If you are the owner of the property described on the enclosed Return Envelope, or a voting representative designated according to the City’s procedures for this ballot proceeding, you may submit the enclosed ballot to the City to support or oppose the proposed Storm Drainage Fee increase. Please follow the instructions below to complete and return your ballot. The full text of the procedures governing the fee increase proceedings is available on the City’s website at www.cityofpaloalto.org/stormdrain/docs/2005-voting-procedure.pdf. 1. Register your vote on the enclosed ballot in favor of or against the proposed fee increase by placing an “X” in the corresponding box. Mark your ballot in ink, not pencil. 2. Place the marked ballot in the official Return Envelope, and seal the envelope. 3. Mark, sign and date the Return Envelope in ink. Do not use pencil. Ballots received in a Return Envelope without a signature will not counted. 4. Mail or personally deliver your ballot to the City Clerk’s office at P.O. Box 51470, 250 Hamilton Avenue, Palo Alto, CA 94303 (The Return Envelope provides postage prepaid). The City must receive all ballots by April 26, 2005. Postmarks do not count. 5. Ballots must be received by the City Clerk prior to 8:00 p.m. on Tuesday, April 26, 2005. Any ballots received after this time cannot legally be counted (ballots may be hand-delivered to the City Clerk any time prior to this date and time). 6. After 8:00 p.m., the City Clerk and her designees will tabulate the ballots. Only one ballot may be submitted for each property. 7. If the results of the balloting indicate that a majority of the property owners voting upon the fee increase voted in favor of the increase, the City Council may adopt the fee increase. Shall the monthly Storm Drainage Fee for developed residential and non- residential properties be increased to $10.00 per Equivalent Residential Unit (ERU) for a period of 12 years, subject to an annual adjustment for inflation up to a maximum of six percent per year? The storm drainage fee will be used to improve local drainage and prevent street flooding by funding: • high-priority storm drain system capacity upgrades, • drainage system repairs, • enhanced storm drain maintenance, and • storm water quality protection activities □ YES □ NO Status of Storm Drainage Fund Capital Projects Listed in 2005 Ballot Measure Project Name Project Status Project Expenditure 1. San Francisquito Creek Pump Station Complete $ 9,135,000 2. Gailen Ave/Bibbits Ave SD Improvements Complete $ 650,000 3. Alma Street Storm Drain Improvements Complete $ 785,000 4. Clara Drive Storm Drain Improvements Complete $ 750,000 5. Southgate Neighborhood SD Improvements Complete $ 2,026,000 6. Channing Ave/Lincoln Ave SD Improvements 2 of 3 Phases Complete* $ 6,415,000 (est.) 7. Matadero Creek Pump Station Upgrade Design Stage Initiated $ 6,060,000 (est.) TOTAL $ 25,821,000 * Construction is completed along Channing Avenue (Heather Lane to Lincoln Avenue) and Lincoln Avenue (Channing Avenue to Middlefield Road. Phase 3 (Lincoln Avenue – Middlefield Road to Alma Street will be constructed starting in Spring 2016. Design of the Matadero Creek Pump Station Upgrade will begin in June 2015; construction is scheduled to start in Fall 2016. All seven projects will be substantially completed prior to the sunset of the Storm Drainage Fee in June 2017. City of Palo Alto (ID # 6142) City Council Staff Report Report Type: Action Items Meeting Date: 10/26/2015 City of Palo Alto Page 1 Summary Title: Ordinance Amending Preliminary Screening Regulations Title: PUBLIC HEARING: Adoption of an Ordinance to Amend Chapter 18.79 of the Palo Alto Municipal Code Related to Development Project Preliminary Review Procedures. Environmental Assessment: Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15305 of the CEQA Guidelines (Continued from August 24, 2015) (CONTINUED FROM 10/19/15) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council adopt an ordinance (Attachment A) to implement changes to the Development Project Preliminary Review procedures by amending Title 18 (Zoning) of the Palo Alto Municipal Code. Executive Summary The attached ordinance would enact changes to Chapter 18.79, Development Project Preliminary Review Procedures (Pre-Screening), of the City’s Zoning Ordinance. Revisions are based on comments received from the Planning and Transportation Commission (PTC), City Council, and the public. The proposed changes to the pre-screening regulations include a mandatory preliminary review for projects that have significant policy considerations. Concerns about the consistent application of this process to several controversial projects and findings in a grand jury report prompted the City Council to direct a review of the preliminary screening requirements. The City Council directed a review of these procedures and required the Policy and Services Committee review and make recommendations to modify the program. On August 24, 2015 the City Council held a public hearing on the subject ordinance and proposed Planned Community amendments. The PC amendments were deferred until after completion of the comprehensive plan update and, due to time constraints, the preliminary screening amendments deferred to the next available meeting. Agenda Item 10A City of Palo Alto Page 2 Background Pre-screening is a process in the city’s zoning code that allows for early input on development projects. This is currently a voluntary program available to projects that have substantial zoning regulations or district map changes and comprehensive plan amendments. Concerns about the consistent application of this process to several controversial projects and findings in a grand jury report prompted the City Council to direct a review of the preliminary screening requirements. The City Council directed a review of these procedures and required the Policy and Services Committee review and make recommendations to modify the program. On December 9, 2014 the Policy and Services Committee reviewed the procedures and offered some recommendations, which have been incorporated into the draft ordinance. Specifically, the modifications include: Establish a mandatory preliminary screening requirements for Planned Community zoning requests; Development Agreements; and General Plan, District Map and Zoning Text Amendments. Maintain a voluntary program for all other projects. The Policy and Services Committee December 9, 2014 Staff report and excerpt minutes are included with this report as Attachment B. The Committee voted 2-1-1 to move the recommendations forward to the PTC and Council, with Vice Mayor Schmid dissenting. Discussion The proposed action includes a text amendment to Chapter 18.79, pre-screening regulations. The proposed changes clarify when a pre-screening is required and maintains flexibility for an applicant or the City Council to request a review of other projects that may not have the same degree of policy implications. The voluntary component remains unchanged and follows the same procedure that exists today, which sets forth when an application can be submitted and who may initiate a pre-screening request. Changes proposed to Section 18.79.030, Applicability and Initiation, would make it mandatory for development projects that include any of the following applications: 1) Planned Community; 2) Development Agreement; 3) Comprehensive Plan Amendment and Specific Plan; 4) District Map Amendment, and 5) Zoning text Amendment. There are some exemptions to this requirement (18.79.030(c)). For instance, projects requiring a hotel or automobile combining district that would not have significant policy implications would not be subject to preliminary screening. The voluntary component remains unchanged and follows the same procedure that exists today, which sets forth when an application can be submitted and who may initiate a pre-screening request. The following provisions are incorporated into the draft ordinance: Section 18.79.030 Applicability and initiation. (a) These procedures may be applied to the following types of development projects: Preliminary screening is required for development projects that include any of the following applications: City of Palo Alto Page 3 (1) Planned Community; (2) Development Agreement (3) General Plan Amendment and Specific Plans, including Specific Plan Amendments (4) District Map Amendment (5) Zoning Text Amendment (1) Substantial zoning regulation or district map change proposals; (2) Comprehensive plan amendments, including specific plans; (3) Any other development project, or permit or entitlement application, including a major alteration or expansion of existing use, which implicates major land use or other policy or planning concerns. (b) Development project preliminary review may be initiated by motion of the city council, with the concurrence of the project proponent, or upon request of the city manager and project proponent with the concurrence of the city council, at any time after the city has received a development project application and before the development project is noticed for public hearing on the merits of the application, if any is required. Preliminary screening is initiated by filing an application and payment of applicable fees. Preliminary screening applications shall be scheduled for a study session before the City Council. Notice of the study session and the opportunity for public participation shall be provided in the same manner as may be required by law for action on the underlying development project application. The City Council may include in the study session, or refer a preliminary screening application to, any board, commission or committee. (c) Development project preliminary review may also be initiated prior to the filing of an application, upon the request of the project proponent with the concurrence of the city council. The project proponent shall pay a preliminary review fee as set forth in the municipal fee schedule. If the project proponent wishes to proceed with the project after preliminary review, he or she must then file an application and pay a regular application fee. Preliminary screening is not required for zoning text amendments under the following circumstances: (1) The project does not include a request for an application in section (a) (1) through (a)(4 ) above, and (2) The Director of Planning and Community Environment determines the requested amendment would not have significant policy implications. (a) Preliminary screening may be initiated for any application not included in section (a) (1) through (a)(4 ) above that results in Substantial zoning regulation or district map change proposals; Comprehensive plan amendments, including specific plans; The city may from time to time establish application forms, submittal requirements, fees, and such other requirements, guidelines and informal regulations as will aid in the efficient implementation of these procedures Any other development project, or permit or entitlement application, including a major alteration or expansion of an City of Palo Alto Page 4 existing use, which implicates major land use or other policy or planning concerns, subject to the following requirements: (b) (1) Development project preliminary review may be initiated by motion of the city council, with the concurrence of the project proponent, or upon request of the city manager and project proponent with the concurrence of the city council, at any time after the city has received a development project application and before the development project is noticed for public hearing on the merits of the application, if any is required. (c)(2) Development project preliminary review may also be initiated prior to the filing of an application, upon the request of the project proponent with the concurrence of the city council. The project proponent shall pay a preliminary review fee as set forth in the municipal fee schedule. If the project proponent wishes to proceed with the project after preliminary review, he or she must then file an application and pay a regular application fee. (2)(3) The noticed public study session will be conducted solely by the planning commission; or by the planning commission initially and then by the city council; or solely by the city council; or as a joint meeting of the city council and planning commission, or as a joint meeting of the city council and any other city boards, commissions or committees whose participation is deemed desirable by the city council. Unless directed otherwise by the city council, the planning commission shall conduct a study session on all preliminary review matters and forward its comments to the city council. Minutes of planning commission study sessions conducted pursuant to this section shall be produced in the same manner as minutes of regular meetings. (4) Notice of the study session and the opportunity for public participation shall be provided in the same manner as may be required by law for action on the underlying development project application. (d) (e) The city may from time to time establish application forms, submittal requirements, fees, and such other requirements, guidelines and informal regulations as will aid in the efficient implementation of this section these procedures. (f) No formal action may be taken during preliminary review. RESOURCE IMPACT The activities to address PC reform have been included in the Planning Department’s work plan. Staff analysis of rezone requests are typically cost-recovery projects. The application fees collected for each zone request represent a deposit, from which staff costs are recovered. City of Palo Alto Page 5 POLICY IMPLICATION The recommended action creates a mandatory pre-screening process that enhances understanding of the potential policy implications for certain types of development. The types of development projects that would require a mandatory pre-screening under this ordinance can have a substantial change on the land-use in an area and should be elevated in their scrutiny. The proposed draft ordinance conforms with and is related to the intent and policies of the Comprehensive Plan, in particular G-12 in the Governance Element. G-12 “assist{s} decision- makers, applicants, and residents with improved tools for understand planning regulations”; as the City’s Ordinance Code does not always provide a mechanism to understand the policy implications of certain types of development projects, implementing these changes to the pre- screening process provides an opportunity for understanding such implications. TIMELINE If approved, a second reading of the Ordinance is required not less than ten (10) days from the approval date. The ordinance would become effective thirty one (31) days from the second reading of the ordinance. ENVIRONMENTAL REVIEW The zoning code revision is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15305 (Minor Alternations in Land Use Limitations). Specifically, the proposed project establishes additional regulatory requirements that require additional public outreach (pre-screening), requires additional application requirements (economic analysis) and establishes a public process to review public benefits. Projects subject to the proposed regulatory changes will continue to require project-specific environmental analysis under CEQA. Attachments: Attachment A: Ordinance Amending Chapter 18.79 Preliminary Review (PDF) Attachment B: Policy and Services Committee Minutes 12.9.14 (PDF) NOT YET APPROVED 150825 jb 0131482 1 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Amending Chapter 18.79 of Title 18 (Zoning) of the Palo Alto Municipal Code Regarding Development Project Preliminary Review Procedures The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 18.79 (Development Project Preliminary Review Procedures) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: Chapter 18.79 DEVELOPMENT PROJECT PRELIMINARY REVIEW PROCEDURES Sections: 18.79.010 Purposes. 18.79.020 Supplemental procedures. 18.79.030 Applicability and initiation. 18.79.040 ReservedPreliminary review. 18.79.050 Preliminary review public study session procedure. 18.79.060 Voluntary compliance. 18.79.010 Purposes. This chapter establishes procedures for preliminary screening of development projects ("prescreening"). This chapter is intended to achieve, and shall be implemented to accomplish, the following purposes: (a) To maximize opportunities for meaningful public discussion of development projects, at the earliest feasible time, for the guidance of the public, project proponents and city decision makers. (b) To focus public and environmental review of development projects on the issues of greatest significance to the community, including, but not limited to, planning concerns, neighborhood compatibility, Comprehensive Plan consistency, economics, social costs and benefits, fiscal costs and benefits, technological factors, and legal issues. These procedures are not intended to permit or foreclose debate on the merits of approval or disapproval of any given development project. (c) To provide members of the public with the opportunity to obtain early information about development projects in which they may have an interest. (d) To provide project proponents with the opportunity to obtain early, non-binding preliminary comments on development projects to encourage sound and efficient private ATTACHMENT A NOT YET APPROVED 150825 jb 0131482 2 decisions about how to proceed. (e) To encourage early communication between elected and appointed public officials and staff with respect to the implementation of city policies, standards, and regulations on particular development projects. (f) To facilitate orderly and consistent implementation of the city's City's Comprehensive Plan and development regulations. 18.79.020 Supplemental procedures. These procedures are supplemental to any other authority under state or local law which permits preliminary screening of development projects, including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000, et seq., and the State Planning and Zoning Law, Government Code Section 65000, et seq. 18.79.030 Applicability and initiation. (a) These procedures may be applied to the following types of development projects: Preliminary screening is required for development projects that include any of the following applications: (1) Planned Community (PC); (2) Development Agreement (3) General Plan Amendment and Specific Plans, including Specific Plan Amendments (4) District Map Amendment (5) Zoning Text Amendment, except as provided for in section (c) below. (1) Substantial zoning regulation or district map change proposals; (2) Comprehensive plan amendments, including specific plans; (3) Any other development project, or permit or entitlement application, including a major alteration or expansion of existing use, which implicates major land use or other policy or planning concerns. (b) Development project preliminary review may be initiated by motion of the city council, with the concurrence of the project proponent, or upon request of the city manager and project proponent with the concurrence of the city council, at any time after the city has received a development project application and before the development project is noticed for public hearing on the merits of the application, if any is required. Preliminary screening is initiated by filing an application and payment of applicable fees. Preliminary screening applications shall be scheduled for a study session before the City Council. Notice of the study session and the opportunity for public participation shall be provided in the same manner as may be required by law for action on the underlying development project application. The City Council may include in the study session, or refer a preliminary screening application to, any NOT YET APPROVED 150825 jb 0131482 3 board, commission or committee. (c) Development project preliminary review may also be initiated prior to the filing of an application, upon the request of the project proponent with the concurrence of the city council. The project proponent shall pay a preliminary review fee as set forth in the municipal fee schedule. If the project proponent wishes to proceed with the project after preliminary review, he or she must then file an application and pay a regular application fee. Preliminary screening is not required for zoning text amendments under the following circumstances: (1) The project does not include a request for an application in section (a) (1) through (a)(4 ) above, and (2) The Director of Planning and Community Environment determines the requested amendment would not have significant policy implications. Such zoning amendments include, but are not limited to, projects requiring a hotel or automobile combining district. (d) Preliminary screening may be initiated for any application not included in section (a) (1) through (a)(4 ) above that results in The city may from time to time establish application forms, submittal requirements, fees, and such other requirements, guidelines and informal regulations as will aid in the efficient implementation of these procedures. Any other development project, or permit or entitlement application, including a major alteration or expansion of an existing use, which implicates major land use or other policy or planning concerns, subject to the following requirements: (1) Development project preliminary review may be initiated by motion of the City Council, with the concurrence of the project proponent, or upon request of the city manager and project proponent with the concurrence of the City Council, at any time after the City has received a development project application and before the development project is noticed for public hearing on the merits of the application, if any is required. (2) Development project preliminary review may also be initiated prior to the filing of an application, upon the request of the project proponent with the concurrence of the City Council. The project proponent shall pay a preliminary review fee as set forth in the municipal fee schedule. If the project proponent wishes to proceed with the project after preliminary review, he or she must then file an application and pay a regular application fee. (3) The noticed public study session will be conducted solely by the planning and transportation commission (“P&TC”); or by the P&TC initially and then by the City Council; or solely by the City Council; or as a joint meeting of the City Council and P&TC, or as a joint meeting of the City Council and any other city boards, commissions or committees whose participation is deemed desirable by the City Council. Unless directed otherwise by the City NOT YET APPROVED 150825 jb 0131482 4 Council, the P&TC shall conduct a study session on all preliminary review matters and forward its comments to the City Council. Minutes of P&TC study sessions conducted pursuant to this section shall be produced in the same manner as minutes of regular meetings. (4) Notice of the study session and the opportunity for public participation shall be provided in the same manner as may be required by law for action on the underlying development project application. (d) (e) The City may from time to time establish application forms, submittal requirements, fees, and such other requirements, guidelines and informal regulations as will aid in the efficient implementation of this section these procedures. (f) No formal action may be taken during preliminary review. 18.79.040 ReservedPreliminary review. Upon initiation as provided in Section 18.79.030, one or more noticed public study sessions will be held to solicit comments which will aid in accomplishing the purposes of these procedures. The noticed public study session will be conducted solely by the planning commission; or by the planning commission initially and then by the city council; or solely by the city council; or as a joint meeting of the city council and planning commission, or as a joint meeting of the city council and any other city boards, commissions or committees whose participation is deemed desirable by the city council. Unless directed otherwise by the city council, the planning commission shall conduct a study session on all preliminary review matters and forward its comments to the city council. Minutes of planning commission study sessions conducted pursuant to this section shall be produced in the same manner as minutes of regular meetings. Notice of the study session and the opportunity for public participation shall be provided in the same manner as may be required by law for action on the underlying development project application. No formal action may be taken during preliminary review. 18.79.050 Preliminary review public study session procedure. (a) Preliminary review study sessions may be conducted in any manner deemed appropriate by the Ccity Ccouncil. (b) City staff will prepare a summary outline of the proposed project which highlights any information relevant to the purposes identified in Section 18.79.010, including but not limited to any initial study prepared for the project. In addition, the project proponent or any interested person may provide oral or written comments consistent with the purposes of these procedures during a preliminary review study session. Subsequent city staff reports on development projects which have been subject to preliminary review should summarize any comments made during the process. NOT YET APPROVED 150825 jb 0131482 5 (c) Preliminary review study sessions shall not be for the purpose of taking evidence with respect to a development project. Neither the city City councilCouncil, nor any Ccity board, commission, committee, or staff person may rely upon information obtained or comments made during the preliminary review process for any final decision, unless such information or comments are reintroduced during a subsequent noticed public hearing on the merits of the development project. 18.79.060 Voluntary compliance. (a) Compliance with any development project revisions, alterations, or conditions suggested during the preliminary review process shall be voluntary. Failure to comply with any such revisions, alterations, or conditions shall not affect consideration of the project by the cityCity. (b) Nothing in these procedures is intended, nor shall any provision be construed, to constitute, permit or result in any binding determination of the rights, interests, or entitlements of the cityCity, project proponent, or any interested person with respect to a development project upon which preliminary review is conducted. (c) Development project preliminary review shall be without prejudice to the ability of the cityCity, project proponent, or any interested person to proceed with a development project in any manner, notwithstanding any suggested revisions, alterations, or conditions. (d) When preliminary review has been initiated, a project proponent shall have the right to withdraw a development project application at any time before commencement of a public hearing on the first discretionary permit, license, or entitlement for the project. Such withdrawal shall be without prejudice to the project proponents ability to reapply for the same or a substantially similar development project at a future date, subject to the regulations, standards, and policies in effect upon reapplication. Upon such withdrawal, the city City shall refund any application processing deposits to the project proponent which have not yet been expended. SECTION 2. Any provision of the Palo Alto Municipal Code inconsistent with the provisions of this chapter, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this chapter. SECTION 3. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the chapter would be subsequently declared invalid or unconstitutional. SECTION 4. The Council finds that the adoption of this chapter is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline section NOT YET APPROVED 150825 jb 0131482 6 15061 because it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment in that the proposals make procedural modifications to an already existing zoning district. SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Senior Assistant City Attorney City Manager MINUTES 6 Policy & Services Committee Final Minutes December 9, 2014 2.Discussion of Process for City Council "Prescreening" of Projects Requiring Zone Changes. Jonathan Lait, Assistant Director of Planning and Community Environment, expressed his desire for direction on the pre-screening process. The pre- screening process assisted the applicant and the developer because it began the framing route for development. There were not many pre-screening requests; over the past 5-years there were two confirmed projects and two withdrawn. He understood there had been criticisms of the process and his efforts were to eliminate the confusion to make a smoother process. The current program was voluntary so the question was whether Council preferred the voluntary method or desired the process to become mandatory. If the program was changed to mandatory what would the scope of projects that the Council was interested in capturing under a mandatory program. Once a mandatory program was implemented were there projects that would continue to be addressed under a voluntary basis. Depending on how those two questions were answered, there was a third option to discuss; how would those projects get before the hearing authority sooner and whether the authority would be with the Planning & Transportation Commission (P&TC) or the City Council. Council Member Scharff felt strong support for making the process mandatory. He believed Staff captured most of the reasons for a mandatory process; 1) substantial zoning regulation or district map change proposals, 2) comprehensive plan amendments including specific plans, and 3) any other development project or permit or entitlement application including a major alteration or expansion of existing use. Mr. Lait stated the projects that had the broadest impacts were the ones that challenged the zoning standard or the general plan the way it was drafted. Council Member Scharff asked if the process became mandatory would all Planned Communities (PC’s) Projects be covered under the process. Mr. Lait stated yes but he felt the process should be clear. Council Member Scharff asked where proposed development agreements fit into the process, would they be covered by the agreed upon universe. Mr. Lait felt the proposed development agreements should be included to be specific. ATTACHMENT B MINUTES 7 Policy & Services Committee Final Minutes December 9, 2014 Council Member Scharff stated item 3 appeared to capture both PC’s and development agreements. Mr. Lait noted item 3 was so broad is captured everything. Council Member Scharff was concerned item 3 was too broad and should be clarified. Mr. Lait stated yes, it created ambiguity. The process should be clear on what projects qualified; PC’s, Development Agreements, and any Zoning Code or Comprehensive Plan amendments that would affect key policy issues that would affect the community. Council Member Scharff asked about the inclusion of Comprehensive Plan changes. Mr. Lait said it was possible; although, there were some projects that may require a Comprehensive Plan amendment that did not have a large implication to the broader policy issues; a density change or a map change. James Keene, City Manager, stated any project that required a Comprehensive Plan amendment would have to be approved by the Council. He asked the typical number of Comprehensive Plan amendments. Mr. Lait stated not many and legally the City was only authorized to amend a certain number annually. Council Member Scharff asked what a district map change entailed. Mr. Lait clarified that was in reference to making a change to a basic zoning map such as your district boundary. Council Member Scharff asked if any zoning change was a district map change. Mr. Lait stated no, a district map contained the zoning boundary; for example if a facility wished to change from a PC to a Zone 2, that would be a district map change. There could be language changes to the code which would be a zoning change but not a district map change. Council Member Scharff said substantial zoning regulations sounded different than an Applicant requesting a zone change. It sounded as if Staff was seeking approval for a change in the language. MINUTES 8 Policy & Services Committee Final Minutes December 9, 2014 Mr. Lait agreed the current language was ambiguous. Council Member Scharff asked what Staff was looking for from the Policy & Services Committee (Committee). Mr. Lait noted Staff was requesting: 1) the Committee accept a change was warranted, 2) mandatory or voluntary; if mandatory what were the types of applications that qualified (PC, Development Agreement from a land use planning entitlement perspective, General Plan amendments, Zoning District Map changes). He said there could be further discussion as to whether Zoning Map changes qualified. He suggested the possibility of leaving open the request for a voluntary pre-screening; for example: There may be a confirming project on Maybell Avenue that met the zoning standards and the Comprehensive Plan but because of the history of controversy with the property, a Developer may be interested in a pre-screening. Council Member Scharff stated his view was when there was a policy decision involved; Council should be the first step in the pre-screening to avoid unnecessary Staff time. He was torn because the Planning and Transportation Commission (P&TC) was the advisory board to the Council so essentially they needed to see it first to advice the Council. He believed if a Developer applied for a PC it should be under the mandatory category. If there was a host of possible benefits and because the P&TC reviewed them first; they select 3 but when the Council reviews the benefits they select a different 3 the P&TC thus had wasted their time on matters the Council did not desire. He clarified if it was a defined zoning change item with a specific request he felt the P&TC should be involved first. Although when it involved benefits to the City the Council should be the first line of approval. Council Member Schmid felt Staff was before the Committee because of a few major property projects and the Grand Jury Report. There was an issue with the Comprehensive Plan. He asked if there was a decision possible prior to the completion of the updated Comprehensive Plan. He believed a change would be useful. He suggested an identification process be written into the mandatory pre-screening program of which projects were worth pre- screening; based on size and impact, in an effort to avoid Staff over work. The role of pre-screening was to have a general sense of what the project was and how it might affect the Comprehensive Plan. He agreed the pre- screening process should identify what was occurring and notify the public. The program should clearly state the positive and negative impacts a project would have on the community. He agreed items 1 and 2 of 18.79.030 Applicability and Initiation should be made mandatory: 1) Substantial zoning regulations or district map change proposals, and 2) Comprehensive Plan MINUTES 9 Policy & Services Committee Final Minutes December 9, 2014 amendments, including specific plans. He wanted a structure put in place inside the mandatory system to recognize cumulative impacts. Mr. Lait believed the discussion was a procedural effort that set forth a path for more community dialog that could have positive or negative impacts. While proceeding with the Comprehensive Plan update he did not feel the procedural aspects or what qualified would be largely impacted by decisions made by the Council about development caps or where the City wanted to focus the development. The thought process leading up to those decisions would inform the Council’s feedback to a developer through the pre- screening process which he believed, particularly in an era of transition, would be valuable to a developer. There were existing Comprehensive Plans and zoning regulations that people were working under. If there was a thought that may change, with confirmation of codification or adoption, that knowledge provided the value of the pre-screening effort. Council Member Schmid added a procedural issue might be to identify 4 or 5 major projects. Mr. Lait stated the Architectural Review Board (ARB) did pre-screening. There was a provision in the Code which provided three opportunities before the ARB. He did not believe the volume was high enough for the City Council to be bogged down with pre-screening processes. He agreed the role of the pre-screening process needed to clearly state what was expected of the Applicant and the Council. He and Director Gitelman had discussions on how to tackle cumulative impacts. Chair Price agreed the pre-screening issue was a process and procedural matter. She saw the pre-screening process as a similar but different track from the update to the Comprehensive Plan. If the pre-screening process was more understandable with procedures in place that made sense and was defensible she believed that helped all involved. She supported the mandatory options for PC’s and the other projects mentioned earlier. She appreciated the voluntary option. The initial screening work involving environmental impacts would not have been completed during the pre- screening process; that language should be clearly stated. With respect to section 18.79.030.3 she believed having a well-articulated criterion was important. She was concerned with the impact on Staff and Council. The issue of the ongoing reform of the PC process which had no relationship with the pre-screening process. She asked if Staff had sufficient information and guidance from the Committee to move forward. Mr. Lait stated yes. He explained the next meeting might entail fine tuning. MINUTES 10 Policy & Services Committee Final Minutes December 9, 2014 Chair Price believed best practices from other cities could be modified to suit Palo Alto’s needs. She asked Staff to see what other cities have recommended with this type of project. Mr. Lait stated he would research what others have done. Council Member Schmid stated in the current code there was discretion on who initiated the pre-screening process. In the change to a mandatory system there was no initiator. Mr. Lait stated that was correct, the Applicant would have to file a pre- screening prior to filing an application. James Keene, City Manager, explained the pre-screening process was to provide early feedback that could change the direction of a project. The idea of the pre-screening process was to save the Developers time and that of Council. Council Member Schmid noted section 18.79 talked about a development project only begin with an application. He asked if a development project always started with an application. If the pre-screening process was approved would the process occur before the application or only after. Mr. Keene stated it could be both, either before a formal application or after. Mr. Lait stated the code had the option to submit before a filing or if there was a filing before a public hearing. If there was a mandatory component the pre-screening would occur prior to any filing. Council Member Scharff believed the pre-screening process should only apply to projects not developments. Code 18.79.03 was the existing law for any other development projects which over time there had been no pre- screening. Chair Price acknowledged the minimal usage of the current language in the law and noted it was vague. Council Member Scharff said for a voluntary component submission requests did not overwhelm the system, but for a mandatory component the code was too broad. He believed 18.79.030 (a) (1) and (2) as applied to development projects better described the mandatory component. He asked for clarification on the substantial zoning regulation or district map change proposals as applied to projects with a zoning change which meant it was within the Comprehensive Plan but requesting a zoning change. MINUTES 11 Policy & Services Committee Final Minutes December 9, 2014 Mr. Lait stated that was correct the change could be to the text or the map. Council Member Scharff asked for clarification on a map change. Mr. Lait clarified it was meant as a shift to a zoning boundary. Council Member Scharff said basically it was changing the zoning on a property. Mr. Lait stated that was correct. Chair Price asked if that included a lot merge or separation. Council Member Scharff asked why a lot boundary would go before Council. Mr. Lait stated it would not. Council Member Scharff asked for an example if there was a property that wanted to change from Residential Multifamily (RM)1 to RM15; that seemed as though it should go before Council. Council Member Schmid recalled on the El Camino Corridor there were incentive programs to consolidate lots. In some cases those consolidations would be creating a zoning change. Would each one need a mandatory pre- screening. Mr. Lait said it was possible to consolidate property and expand zoning boundaries but did not necessarily result in a map or code change. The consolidation of properties themselves, depending on their location, could have policy implications on the character of the neighborhood. Council Member Scharff felt the mandatory pre-screening should be put into place with a voluntary option applied to projects and eliminate 18.79.030 (a) (3). Chair Price believed there should be specific criteria added to the voluntary language not simply other projects. Council Member Schmid thought Staff had requested Committee comments and they would return with a more specific report. Council Member Scharff was concerned whether Staff needed to return to Committee or continue directly to the full Council. The current discussion MINUTES 12 Policy & Services Committee Final Minutes December 9, 2014 was the mandatory component covered 18.79.030 (a) (1) and (2) plus PC projects and development agreements. Chair Price noted there had been no discussion on 18.79.030 (b), (c) and (d). She asked if Staff desired comments on those sections. She agreed with the mandatory settings. She did not approve of the voluntary component being stated as any other development; it was too vague. Council Member Scharff suggested leaving the language for the voluntary component of 18.79.030 as it allows the option for people to request a pre- screening if they felt it would be beneficial. The mandatory component needed to be narrowed to specifics; 1) zoning changes, 2) Comprehensive Plan amendments including specific plans, and 3) PC projects and development agreements which would go before Council. Chair Price agreed. Mr. Lait noted the language suggested was a change to the Zoning Code and thus needed the P&TC review and recommendation to the City Council for approval. Council Member Scharff suggested the Committee move to send the language to the P&TC for review and approval. Mr. Lait stated he had a clear understanding as to what the Committee was requesting. There was to be a mandatory component for the identified projects: Planned Communities, Development Agreements, General Plan Amendments, Zoning text amendments, and Zoning District Map amendments. The Code would retain a voluntary mechanism for projects that did not meet the mandatory criteria. Council would retain the authority to decline discussion of a voluntary pre-screening in an effort to eliminate unnecessary screenings. Council Member Schmid asked if a cumulative impact such as parking issues in a specific neighborhood could be considered a voluntary pre-screening request. Mr. Lait mentioned under the current Zoning Code Council could make a request of a perspective developer or Applicant to submit a pre-screening request. Cumulative impacts were evaluated by scale and character of neighborhoods, parking availabilities, transportation networks and air quality. Staff would inform a developer of their project being evaluated with other pending projects in the general vicinity thus informing them of the possibility of cumulative impacts. MINUTES 13 Policy & Services Committee Final Minutes December 9, 2014 MOTION: Council Member Scharff moved, seconded by Council Member Price that the Policy & Services Committee direct Staff to draft an Ordinance 1) mandating prescreening review for projects that require Comprehensive Plan amendments, Planned Community, Development Agreement, General Plan Amendments, Zoning Text or Zoning Map Amendment applications and, 2) establish a voluntary prescreening process similar to the existing code provisions for all other projects. Council Member Schmid requested language be added to the voluntary component notifying the developers or applicants of how they would be alerted to the possible cumulative impacts of their proposed project. Mr. Lait felt alerting the developer or applicant of possible impacts was a worthy criterion for either the voluntary or mandatory components. Council Member Scharff asked for clarification on the language. Chair Price stated the Staff Report mentioned the typical noticing process would continue. Mr. Lait stated yes, the current code stated the underlying notification process was mailers. Chair Price confirmed the standard notification process would continue to be applied to pre-screening whether voluntary or mandatory. Mr. Lait stated that was correct. Chair Price asked if the community would be notified generically of the change in the process. Mr. Lait stated yes, because the change effected the entire community there would be a newspaper notification and a posting on the website. The Planning and Community Environment Department was presently using the notification system Next Door so there would be a notice placed there as well. Council Member Schmid believed Staff mentioned a different approach of awareness. Mr. Lait apologized; he thought there was an interest in advising perspective applicants upfront regarding the pre-screening analysis. He believed when the Council and the P&TC reviewed an application they would be mindful of MINUTES 14 Policy & Services Committee Final Minutes December 9, 2014 the fact there may be neighborhood specific issues that may be relevant to a particular project. That knowledge would inform the type of comments delivered to the applicant. Council Member Scharff believed the concern was if there was a voluntary pre-screening the Council would not review the application. Council Member Schmid provided an example of his concern. The City spent 9-months working on a downtown parking issue which had a surplus of 1,600 vehicles on the streets. That was a potential issue between the FAR and vehicle. If an individual single developer came in and wanted to use the exceptions and bonuses but did not reach the mandatory point for breaching the zoning change but if three or four developers came in over a period of time, the parking program would be blown apart. His desire was for the Planning Department to have the ability to put up an alert of the deficit in parking. Council Member Scharff clarified if a developer had the as-of-right to build in downtown; as-of-right meant it was within the zoning rights and they were not seeking anything from the City, the procedure was they would not require a pre-screening but they would go to the Architectural Review Board (ARB) for design review. He did not feel it made sense to have an alert. Council Member Schmid said the reason for pre-screening was to identify possible issues. Council Member Scharff stated in an as-of-right development there was no choice, the City cannot say no. That was why the City was looking at down zoning. Council Member Schmid wanted a cumulative assessment and currently there was not one in place. Hillary Gitelman, Director of Planning and Community Environment, clarified Section 18.79.050 of the Ordinance as it was currently written and was not proposed to change spoke to City Staff preparing for the pre-screening and hearing by doing base analysis and providing the information at hand on environmental issues. In that context Staff had the ability to highlight the issue of concern. Council Member Schmid asked if that applied to the voluntary pre-screening as well. Ms. Gitelman stated the process would be for voluntary or mandatory. MINUTES 15 Policy & Services Committee Final Minutes December 9, 2014 Council Member Schmid had concern with the voluntary component. If it was a mandatory issue all of the Ordinance pieces applied but if the developer requested a pre-screening there was no incentive to initiate a request. Council Member Scharff clarified Council Member Schmid was concerned about the as-of-right developments not doing a pre-screening. Council Member Schmid said that was correct. The as-of-right included bonuses and incentives but it also included something on the cumulative side of issues. Ms. Gitelman stated there was an obligation under the California Environmental Quality Act (CEQA) to consider cumulative impacts. The downtown area square footage was capped and there was an analysis completed before the cap was created. The Comprehensive Plan update had a cumulative impacts refresher. The alterations to the Ordinance being discussed would allow both the City and the applicant a path to receive an early read on projects; it was intended for projects that had potential for controversy or rose above the ordinary or routine matters heard in the course of other Board and Commission reviews. Council Member Schmid was skeptical of pushing ahead because of the annual monitoring report of the parking deficit which was continually worsening. Mr. Keene stated there was a series of existing laws and regulations that covered the downtown area zoning, set-backs, height limits and development caps themselves. MOTION PASSED: 2-1 Schmid no, Klein absent City of Palo Alto COLLEAGUES MEMO October 19, 2015 Page 1 of 2 (ID # 6249) DATE: October 19, 2015 TO: City Council Members FROM: Council Members Scharff, Schmid, and Wolbach SUBJECT: COLLEAGUES MEMO REGARDING STUDYING POLICY TO INCREASE ACCESSORY DWELLING UNITS (ADU'S) Goal To find opportunities to make available additional housing in Palo Alto with minimal impact on community character. In keeping with our Comprehensive Plan and recently adopted Housing Element, expand opportunities for residents of single family homes by adding Accessory Dwelling Units (ADUs) – also known as Secondary Units or In-law Units. Recommendation We ask our Council Colleagues to refer this matter to the Planning and Transportation Commission, to consider, analyze and make recommendations to the City Council to update our city ordinances relating to ADUs, in order to: (1) facilitate ADU creation while minimizing impacts on community character, with sensitivity to neighborhood design standards; (2) consider steps to bring existing non-compliant ADUs into compliance; and (3) any other relevant recommendations. Background and Discussion Palo Alto's Housing element, adopted November 10, 2014, calls for looking at easing restrictions on ADUs, as did Palo Alto's prior comprehensive plan. Program H1.1.2 of the 2014 Housing Element of the Comprehensive Plan states: Consider modifying development standards for second units, where consistent with maintaining the character of existing neighborhoods. The modifications should encourage the production of second units affordable to very low, low, or moderate income households. Palo Alto's housing crisis and aging population have led many residents to call for a renewed discussion of this topic and timely, appropriate action. Palo Alto has, by some reports, the highest median rent in the country. We have high demand for housing at a variety of income- levels, with limited supply. Particularly considering young adults returning from college or early October 19, 2015 Page 2 of 2 (ID # 6249) in their career, or professionals who work in Palo Alto, there are social, traffic, and environmental benefits to people residing here. Palo Alto's aging population includes many “empty nesters” who live alone in a house meant for a large family. Many senior or disabled residents may prefer to remain in their home but require assistance. Many Palo Alto families would like to have multiple generations together. Other communities such as Menlo Park (2013), Belmont (May of 2015), and the County of San Mateo are also working on this issue and ADUs as a source of affordable housing appear in many cities’ Housing Elements. ADUs may provide benefits for: 1.Aging In-Place: A resident requiring regular in-home assistance can use an ADU to provide greater privacy for a caregiver. 2.Family Ties: A multi-generational family preferring to stay together for familial ties and financial savings can enjoy greater privacy for different generations with an ADU. 3.Supplemental Income: A single resident or fixed-income retired resident or couple may enjoy additional income by offering their ADU as a much needed rental space to a professional or student. 4.Modest Income Residents, Workers, and Students: The resident of an ADU may work in Palo Alto or attend Stanford. By living locally, they will have greater options to bike, walk, or take public transportation locally, rather than drive daily and suffer a long commute (which is also less environmentally sustainable). 5.RHNA Obligation: ADUs can provide a mechanism to meet our required RHNA housing numbers with minimal impacts on our community. ADUs present minimal impact to neighborhoods, retaining the physical character of a neighborhood while strengthening its social character. We have committed in our housing element to consider this issue and to have conducted a study of this issue no later than November 10, 2017. Given escalating rents and the current housing crisis, we should start this process now. Resource Impact The City Manager reports that this project will be an addition to the Planning and Attorney’s staff work plans. We will keep Council informed on the schedule and progress on the project. (It is recognized, as the Colleague’s Memo states, that this task has already been committed to by prior Council action).