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HomeMy WebLinkAbout2015-10-26 City Council Agenda PacketCITY OF PALO ALTO CITY COUNCIL October 26, 2015 Special Meeting Council Chambers 6:00 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 26, 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 Study Session 6:00-7:00 PM 1. Study Session on Status of Palo Alto Bicycle and Pedestrian Program Special Orders of the Day 7:00-7:10 PM 2. Appointment of Candidates to the Architectural Review Board and the Planning and Transportation Commission Agenda Changes, Additions and Deletions City Manager Comments 7:10-7:20 PM Oral Communications 7:20-7:35 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. REVISED 2October 26, 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. Minutes Approval 7:35-7:40 PM 3. Approval of Action Minutes for the May 18, 2015, May 26, 2015, May 27, 2015, June 1, 2015, and June 8, 2015 Council Meetings Consent Calendar 7:40-7:45 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 4.Adoption of a Resolution to Adopt the National Association of City Transportation Officials (NACTO) Design Guidelines 5. Approval of a Two-Year Contract With SZS Consulting Group for the ADA Transition Plan Update With Funding for the First Year Not to Exceed $164,923 and a Total Contract Amount Not to Exceed $251,141, Capital Improvement Program Project PF-93009 6. Adoption of Two Resolutions to: (1) Formally Adopt the Methodology for Calculating the City's Net Energy Metering (NEM) Cap, and (2) Amend Utilities Rule and Regulations 2 and 29; and Delegation of Authority to the City Manager to Update Associated NEM Agreements to Incorporate the NEM Cap Definition, as Needed 7. Approval of Comments on the Salt Pond Restoration Project Phase 2 Environmental Impact Report/Environmental Impact Statement 8. SECOND READING: Adoption of an Ordinance of the Council of the City of Palo Alto Amending Chapters 18.18, Downtown Commercial (CD) District and 18.52, Parking and Loading Requirements, to Eliminate Certain Parking Exemptions within the Downtown Area (FIRST READING: October 5, 2015 PASSED: 9-0) 9. SECOND READING: Adoption of an Interim Ordinance of the Council of the City of Palo Alto Adding Section 18.85.200 (Annual Office Limit) to Chapter 18.85 Entitled “Interim Zoning Ordinances” Imposing an Office Annual Limit of 50,000 Net New Square Feet in Designated Areas of City (FIRST READING: September 21, 2015 PASSED: 9-0) 10. SECOND READING: Adoption of an Ordinance of the Council of the City of Palo Alto Amending Chapters 18.04, 18.08 and 18.30 of the Palo Alto Municipal Code to Amend Retail Zoning Regulations for the (CC2) California Avenue District (FIRST READING: September 12, 2015 PASSED: 9-0) 3October 26, 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. Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 7:45-8:15 PM 11.Recommendation to Adopt a Healthy Cities, Healthy Communities Resolution to Define and Support the 2015 Council Priority Healthy Cities, Healthy Communities 9:15-9:30 PM 12. Council Direction on Selection of Voting Delegate for the National League of Cities Annual Business Meeting on Saturday, November 7, 2015 Inter-Governmental Legislative Affairs Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Closed Session Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 13. CONFERENCE WITH CITY ATTORNEY- ANTICIPATED LITIGATION Authority - Government Code section 54956.9(d)(2) Subject - Charges for Stanford Fire Protection Services 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. 10a.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 and October 19, 2015) 8:15-9:15 PM 4October 26, 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 Policy and Services Committee October 27, 2015 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Public Letters to Council Set 1 City of Palo Alto (ID # 6194) City Council Staff Report Report Type: Study Session Meeting Date: 10/26/2015 City of Palo Alto Page 1 Summary Title: Bicycle and Pedestrian Program Study Session Title: Study Session on Status of Palo Alto Bicycle and Pedestrian Program From: City Manager Lead Department: Planning and Community Environment Recommendation This is a study session intended to provide information and to permit discussion regarding Palo Alto’s bicycle and pedestrian program. No City Council action is requested. Executive Summary The Bicycle & Pedestrian Transportation Plan (hereinafter “Plan”) was adopted by the City Council in July 2012. The Plan includes a proposed bikeway network of off-street multi-use paths, bicycle boulevards, bicycle lanes, and enhanced bikeway facilities. The plan has stated goals of increasing bicycle traffic for local and total work commutes by 100% by 2020 by providing improved facilities along the proposed bike network, which facilitates both north- south and east-west connectivity throughout Palo Alto. With the Council’s leadership, City staff is advancing the City’s bicycle and pedestrian program through individual projects and programs that promote healthy transportation. Palo Alto is also integrating best practices from cities and private entities that are leading the way in increasing trips by foot and bicycle into local projects. Implementation of the Plan started in 2013 with City Council authorization of up to $1.2M per year over five years as part of the Capital Improvement Program (CIP). With this commitment of funds, 18 projects are currently being studied and designed for implementation. A map of current projects is provided in Attachment A. Since award of consultant contracts in April 2014, bike network implementation has focused primarily on Bicycle Boulevards and Enhanced Bikeways, although transportation staff has also been coordinating with Public Works and Community Services staff to deliver transportation projects through public works and parks contracts for street resurfacing and park improvements. Staff has also been working to implement data-driven spot improvements in response to customer requests, and seeks to ensure provide ongoing rehabilitation and City of Palo Alto Page 2 maintenance of the bicycle and pedestrian network and incorporation of green infrastructure and storm water treatment where feasible. The City’s nationally-recognized Safe Routes to Schools program is the centerpiece of the City’s programs to support active transportation. The program reduces risk to students on school commutes through education, encouragement, enforcement, and engineering. By working closely with the Safe Routes to School program, staff has been able to identify small spot safety projects that improve existing school commute routes. Many of these spot safety projects are along identified Bicycle Boulevard and Enhanced Bikeway corridors. Emerging trends that staff is pursuing include new outreach technology, safe routes for seniors, rethinking Bike Share, a new ride app to provide data to enhance planning, and new infrastructure such as protected intersections and cycle-tracks. In November, Council will be considering the adoption of the NACTO Urban Bikeway Design Guide and the NACTO Urban Street Design Guide. These documents provide valuable guidance on the planning, design and operation of protected bikeways and complete streets. By adopting these guides, the City will be able to incorporate more innovative treatments into the design of bike boulevards, enhanced bikeways, and local streets. Background In 2013 the City Council prioritized implementation of the Plan through an infusion of funding in the Capital Improvement Program (CIP) in the amount of $1.2M each year for five years not including individually funded projects. The City is utilizing the implementation models in Table 1 and Table 2 to deliver Bicycle Boulevard, Enhanced Bikeway, Multimodal Corridor, and Spot improvement projects. Table 1 Palo Alto Bicycle & Pedestrian Transportation Plan Capital Project Implementation Model 1A. Preliminary community outreach  Bicycle ride-alongs and walk-alongs, farmers market outreach, online interactive maps 1B. Planning  Concept Plan development and community outreach  Concept Plan policy approval by Planning and Transportation Commission and City Council 1C. Environmental Assessment City of Palo Alto Page 3 1D. Design  Implementation Plan community outreach  Implementation Plan approval by Planning and Transportation Commission and City Council  Final design 1E. Construction (award of construction contract by Council) Table 2 Palo Alto Bicycle & Pedestrian Program Process for Spot Improvements 2A. Request received or staff identify need 2B. Feasibility analysis  If request is related to a current project, coordinate response with project plans  Analyze to determine whether improvement is warranted and feasible 2C. Close out, defer or advance design  If need not justified, explain rationale to requestor  If need justified, but planned project overlaps, defer and incorporate into future project  If need justified, design project 2D. Implementation  If striping and signage, issue on-call work order  If more significant work, community outreach, design, obtain bids and/or incorporate into Capital Improvement Program project (PTC and City Council approval) 2E. Construction Discussion Table 3 shows the status of each project currently active and also includes projects led by other agencies in which the city is actively involved. Many projects have completed the concept planning phases and are advancing for review by the Planning and Transportation Commission and City Council. Other projects have approved concept plans and are in the final design phase. Staff is seeking to reprogram cost savings from the first round of projects to begin a small handful of new projects. With Council direction, staff anticipates rethinking some of the more complex projects based on community input and professional judgement. These projects will require additional time and resources to ensure successful project delivery. Table 3, and the narrative that follows, provides a summary of current project activities and staff recommendations for next steps. Concept Plans for each project are not included within this report due to file size but are available within the Bicycle and Pedestrian Program website that can be accessed from www.cityofpaloalto.org/bike. Table 3 City of Palo Alto Page 4 Palo Alto Bicycle + Pedestrian Project Status Summary (See narrative below for details.) Status Project Project Phase City-led projects 3A On track (detailed Council update being prepared) Adobe Creek Highway 101 Overcrossing Design (Public Works) 3B Recommend rethinking Barron Park Neighborhood Bicycle and Pedestrian Routes Planning 3C Recommend rethinking Bryant Street Bicycle Boulevard Update Planning 3D On track Bryant Street Bicycle Boulevard Extension Planning 3E On track Charleston Rd/Arastradero Rd Corridor Design (Public Works) 3F On track Churchill Avenue Phase 1 (Caltrain to El Camino Real) Design 3G On track Churchill Avenue Phase 2 (Bryant Street to Caltrain) Planning 3H Recommend holding Fabian Way Enhanced Bikeway Environmental 3I Recommend holding Greer Road Bicycle Boulevard Planning 3J Recommend rethinking Homer/Channing Avenue Enhanced Bikeway Planning 3K On track Matadero/Margarita Avenue Bicycle Boulevard Construction 3L On track Maybell Avenue Bicycle Boulevard Design 3M On track Moreno/Amarillo Avenue Bicycle Boulevard Planning 3N On track Park Boulevard Bicycle Boulevard Design 3O On track Ross Road Bicycle Boulevard Planning 3P On track Wilkie Way Bicycle Boulevard Design South Palo Alto Partnership Projects with Google 3Q On track Alma Street Enhanced Bikeway Planning 3R On track Louis-Montrose-Cubberley Bicycle Boulevard Planning 3S On track Middlefield Road Enhanced Bikeway Planning 3T On track San Antonio Road Enhanced Bikeway Planning Stanford/Palo Alto Trail Program 3U Recommend rethinking (detailed Council update being prepared) Midtown East-West Connector (City Lead) Planning City of Palo Alto Page 5 3V On track Stanford Perimeter Trail Construction (Stanford) 3W Completed Arastradero Road Trail Upgrade (City Lead) Construction County of Santa Clara Expressway Study 2040 Program (County Lead) 3X On track Foothill Expressway/Arastradero Road Intersection Concept 3Y On track Page Mill Road Plan Line Study Concept 3Z On track Page Mill Road & I-280 Interchange Concept Table 4 provides a summary of spot improvements completed in partnership with Palo Alto Unified School District (PAUSD) and new initiatives under development in late 2015 and 2016. Table 4 Bicycle and Pedestrian Spot Improvements Status Project Constructed Terman Park Path - repaving Constructed (PAUSD) Gunn High School Path - Georgia Avenue access widening; Los Robles Avenue access improvement Constructed (PAUSD) Palo Alto High School at Embarcadero Road driveway - new parking lot path near Implementation Georgia Avenue at Gunn High School Path – bulb-outs and crosswalk Feasibility Analysis Arastradero Road at Miranda Avenue – striping improvements Feasibility Analysis East Meadow Drive and Cowper Street - striping and signal improvements Feasibility Analysis Bol Park Path - safety improvements Feasibility Analysis Palo Alto Avenue at El Camino Real - striping improvements between bicycle lane and bicycle left turn pocket Barron Park Neighborhood Bicycle and Pedestrian Routes (3B) The Barron Park Neighborhood Bicycle and Pedestrian Route project includes concepts for “suggestion lanes” and shared-lane pavement markings on streets in Barron Park including:  Barron Avenue, Laguna Avenue to El Camino Real  Los Robles Avenue, Laguna Avenue to El Camino Real  La Donna Avenue, Barron Avenue to Los Robles Avenue  Amaranta Avenue, Los Robles Avenue to Maybell Avenue  Laguna Avenue, Matadero Avenue to Los Robles Avenue Resident input focused on pedestrian safety due to the lack of sidewalk facilities within the Barron Park Neighborhood. In response, the current Concept Plans include options for the use City of Palo Alto Page 6 of stamped asphalt treatments to delineate and highlight roadway space for bicycle and pedestrian use without construction of sidewalk facilities. The City has also considered options for the use of innovative “suggestion lane” pavement marking treatments. “Suggestion lanes” designate roadway space for bicycle/pedestrian use and leave the remaining width available for motor vehicle travel. Opposing motor vehicles may have to encroach into the bicycle/pedestrian space to pass each other, if no bicyclists or pedestrians are present. Based on community input, staff recommends refocusing resources on improvements near Barron Park Elementary and on resurfacing improvements on Laguna Avenue. Staff believes that more extensive corridor projects throughout Barron Park neighborhood should be placed on hold as the layout of Barron Park streets effectively discourages regional traffic on the local streets. Staff has identified a potential location outside Barron Park with more appropriate characteristics to pilot “suggestion lanes.” Bryant Street Bicycle Boulevard Update (3C) The Bryant Street Bicycle Boulevard Update project includes upgrades to the existing bicycle boulevard segment between Palo Alto Avenue and East Meadow Drive. The Bryant Street Bicycle Boulevard is the country’s first bicycle boulevard facility. Conditions have changed, especially downtown, and an update is needed. Based on extensive community input, staff is recommending rethinking the proposed treatments for the Downtown section between Lytton Avenue and Addison Avenue and would like to return to Council in the future with a recommendation to advance improvements on this section of Bryant Street as part of a greater Downtown circulation plan. North of Downtown, within the Old Palo Alto segment of Bryant Street, and south of Oregon Expressway to East Meadow Drive, final concept plans were developed following the community workshop held in April 2015. Based on community input, the high-visibility green sharrow markings have been removed from the concept plans for Bryant Street and other corridors. Many residents requested that the City limit use of intensive green pavement markings due to their aesthetic impacts. Staff has also reduced the number of high-visibility white crosswalks proposed on Bryant Street, based on resident feedback. Crosswalks are still included on school commute routes. While recognizing that high-visibility green pavement markings do not fit the context of many residential neighborhoods, staff recommends the continued use of high-visibility green pavement markings along arterials and collector streets and on a site-specific basis across the City in high-conflict areas. Based on community input and analysis of the current operation of the intersection, staff recommends a new traffic circle with all-way YIELD traffic control at the Bryant Street and North California Avenue. This intersection is currently controlled by an all-way STOP. Additional outreach to the neighboring church and others in the vicinity is required, as well as a parking City of Palo Alto Page 7 utilization survey in order to identify and mitigate any potential on-street parking impacts. The final concept plan presentation to Council will include this information. Staff will be conducting additional school-based outreach and hosting one more neighborhood meeting to finalize concept plans for the Bryant Street Update. Staff anticipates bringing Concept Plans for approval to the Planning and Transportation Commission and City Council in spring 2016. Bryant Street Bicycle Boulevard Extension (3D) This project aims to extend the Bryant Street Bicycle Boulevard from East Meadow Drive to the city’s southern limits near San Antonio Road and Nita Avenue. The project currently proposes a new traffic signal at East Meadow Drive & Bryant Street, traffic calming measures through the “Circles” neighborhood including bulb-outs and chicanes on Redwood Circle, along with sharrow roadway marking treatments and enhanced crosswalks. At Nelson Drive and the rear entrance to Cubberley Center, the current Concept Plans include a raised intersection to calm traffic. In response to community input, staff recommends the extension of bikeway treatments on Nelson Drive to Charleston Road. Staff also recommends the City continue working with Google on “The Rails” project in Mountain View to advance implementation of the Nita Avenue improvements in Palo Alto. The Concept Plan for the Bryant Street Bicycle Boulevard Extension is scheduled for representation to the PTC and City Council this winter. Charleston Road-Arastradero Road Corridor (3E) The Charleston-Arastradero Corridor project enhances a heavily-used, 2.3 mile roadway servicing 11 schools, several parks, shopping and community centers. This project has been under development since 2003. Trial projects were implemented using pavement striping and markings to reduce the road from four lanes to two and were approved in 2008 for Charleston Road and 2012 for Arastradero Road. On September 28, 2015, City Council reviewed and unanimously approved the concept plan line for the corridor project. The final improvements include landscaped medians, pedestrian and bicycle enhancements and traffic operation improvements. Final design will begin in 2016 with phased construction starting in 2017. The project is fully funded at $10.0 million including $1.45 million in grant funding. Churchill Avenue Phase 1 (Caltrain to El Camino Real) (3F) The Churchill Avenue Phase 1 project received City Council policy approval of Concept Plan in January 2015. This project received quick community consensus on proposed improvements due to early coordination with the Southgate neighborhood and Palo Alto High School staff as part of the planning work on the Castilleja Avenue Green Street project. Proposed improvements include extension of the multi-use path to El Camino Real where a new westbound right turn lane would be added to improve capacity of the intersection. Bicycle and pedestrian safety at the El Camino Real intersection would also be enhanced through traffic signal modifications, the introduction of a new crosswalk on the north leg of the intersection and new bicycle lane markings and ramps to support connections to the Stanford Perimeter City of Palo Alto Page 8 Trail project. The El Camino Real intersection requires Caltrans approval, coordination is in progress. The multi-use path extension requires right-of-way from PAUSD, coordination is ongoing. The project also includes raised speed tables that double as crosswalks at Castilleja Avenue and Madrono Avenue and lighting improvements. Staff is also working to implement near-term minor improvements to create additional bicycle queuing area and bicycle ramps near the Caltrain grade crossing. Construction bids were solicited for the work through the Department of Public Works, but the proposed fees exceeded the engineer’s estimate. Staff recommends re-scoping these interim improvements and rebidding this small project, due to the urgent nature of the safety improvements at this location. Staff also recommends piloting an all-red pedestrian scramble traffic signal phase at the intersection of Churchill Avenue and Alma Street during the afternoon dismissal period for Palo Alto High School. This will allow cyclists traveling eastbound along the north side of Churchill Avenue to cross diagonally and ride on the proper side of the roadway as they approach Bryant Street. Staff has discussed the issue with the Police Department and we recommend that a new crossing guard be on-site during the traffic signal pilot period. Churchill Avenue Phase 2 (Bryant Street to Caltrain) (3G) Recently, the at-grade crossing of the Caltrain corridor at Churchill Avenue was identified for possible funding of hazard elimination and safety improvements through the Section 130 program. Section 130 funding can reimburse the actual and direct costs of the design and construction of the recommended improvements which are done subsequent to Caltrans executing a contract and issuing the notice to proceed. On September 1, 2015, staff from the City of Palo Alto, Caltrain, Caltrans Division of Rail (Caltrans), and the California Public Utilities Commission (CPUC) met to review the Churchill Avenue at-grade crossing (CPUC No. 105E- 31.00 / SCL-1191, DOT No. 754998E) and begin a diagnostic study of the safety issues at the crossing. After completing the diagnostic study, the CPUC will conclude its analysis and finalize the list of projects for funding by the Section 130 program. Those projects on the final list will then advance into the next phases of project development, which include finalization of a scope of work, design, permitting and construction. The certainty of securing funding and a timeline for construction is undetermined at this time. Churchill Avenue is currently a three-lane collector traveling east-west. Westbound Churchill Avenue consists of a single through lane. Eastbound Churchill Avenue consists of a shared through/left-turn lane and a dedicated right-turn lane. There are bicycle lanes traveling through the crossing on both north and south sides. There are an estimated 11,362 average motor vehicle daily trips, and an average of 96 trains, including 92 Caltrain commuter trains, per day. The immediate area around the crossing is residential. Palo Alto High School is located in the northwest quadrant. Churchill Avenue forms a four-legged intersection with Alma Street, approximately 25 feet to the east of the track. The intersection is controlled by a traffic signal and is interconnected with the crossing with advanced preemption. Safety issues identified by the CPUC diagnostic include: (1) high bicycle and pedestrian traffic due to the adjacent high City of Palo Alto Page 9 school, and (2) regular queuing on the tracks by eastbound motorists due to short storage space. Staff recommends that the following improvements be included in the scope of work submitted to the CPUC for the Section 130 program: widening and realigning the Churchill Avenue crossing for bicycles and pedestrians, installation of a pre-signal west of the Caltrain crossing, installation of bicycle signal heads and use of an all-red pedestrian and bicycle scramble phase at the Alma Street intersection, replacement of the crossing surface, and installation of additional street lighting. The existing crossing surface consists of rubber inserts within the roadway and asphalt on the sidewalks, with a concrete panel crossing surface covering both the roadway and sidewalks. Replacement of the rubber/asphalt crossing surface with a concrete panel crossing surface would mitigate concerns of the asphalt deteriorating, creating tripping hazards on the sidewalks. Caltrain has also had several instances of motorists becoming confused turning onto the tracks from the crossing instead of the appropriate intersection. Rumble strips or speed humps between the roadway and sidewalk could mitigate this concern. Staff has scheduled a neighborhood meeting for October 22, 2015 at Palo Alto High School Media Arts Building from 6:00 to 8:00pm to update the community on both this and the Churchill Avenue Phase 1 project. Fabian Way Enhanced Bikeway (3H) The current Concept Plan for the Fabian Way Enhanced Bikeway project includes a lane reduction on Fabian Way from four lanes to three lanes to support the installation of a two-way left turn. Bike lanes already exist on Fabian Way but would be widened to support anticipated demand in bicycle activity from the planned Adobe Creek/Highway 101 Bike/Ped Overcrossing project currently in the design phase. The project also proposes the reconfiguration of existing mid-block crosswalks along the street. A traffic impact analysis was prepared in 2013, but the project was delayed due to negotiations with adjacent property owners. Those discussions will be relaunched in 2016. The use of green bicycle lane markings at conflict zones are also recommended to improve the visibility of bicycle lane facilities. Greer Road Bicycle Boulevard (3I) The current Concept Plan for the Greer Road Bicycle Boulevard project includes minor traffic calming measures including the installation of speed humps and shared-lane pavement markings to highlight bicycles path of travel on the street. Select intersections include traffic circle improvements with enhanced crosswalk markings or bulb-out improvements to reduce crossing distances including the intersections of North California Avenue, Amarillo Avenue, Moreno Avenue, Colorado Avenue, Maddux Drive, and Loma Verde Avenue. On Greer Road through the Midtown neighborhood the installation of short landscape median islands is also recommended to visually reduce the width of the roadway in efforts to encourage lower vehicle City of Palo Alto Page 10 speeds. Due to limited staff resources, staff recommends placing the Greer Road project on hold in order to prioritize implementation of Ross Road improvements, a parallel corridor. Homer Avenue-Channing Avenue Enhanced Bikeway (3J) The Homer Avenue-Channing Avenue Enhanced Bikeway was conceived as a means of providing safe bicycle access between the Homer Tunnel at Alma Street and downtown. Currently, eastbound bicyclists exiting the tunnel who wish to travel to downtown and points east use an existing one-block-long contraflow bicycle lane along Homer Street, turn right onto High Street, which is one-way southbound, turn left onto Channing Avenue and then head north via Emerson Street, Ramona Street or Bryant Street. This awkward diversion encourages many bicyclists to ride the wrong way down either High Street or Homer Avenue. The current Concept Plan for the Homer Avenue-Channing Avenue Enhanced Bikeway includes the extension of the contraflow bicycle lane east to Emerson Street and the conversion of the existing right lanes on Homer Avenue and Channing Avenue to right-turn only at intersections, with bicycles exempted. On-street parking would remain, but traffic operations may be negatively impacted. This would create a semi-dedicated east-west bikeway from the tunnel at Alma Street to Guinda Street. Based on the magnitude of the proposed changes and the lack of community input from residents and property owners along Homer Avenue and Channing Avenue, staff recommends rethinking this project. Refocusing the concept planning on the connection between the tunnel and downtown could create a more seamless connection to downtown for eastbound bicyclists exiting the tunnel. Alma Street in this area is currently scheduled to be resurfaced in FY 2017, offering an opportunity to modify the roadway at a low cost. Matadero Avenue-Margarita Avenue Bicycle Boulevard Project (3K) The City Council approved an implementation plan and Concept Plan for which construction started in 2014. A slurry seal of Matadero Avenue was completed in September 2015 and new markings and speed tables have been installed on the street. A focused traffic study will evaluate the opportunities to install a traffic circle at Margarita Avenue and Orinda Street in 2016. The intersection is currently an all-way STOP, but removal of the Margarita Avenue stop signs will be evaluated along with appropriate mitigations, such as the installation of a traffic circle. Staff will pursue the preparation of a Caltrans-required Project Study Report for improvements at the El Camino Real and Matadero Avenue-Margarita Avenue intersection as staff resources become available. Maybell Avenue Bicycle Boulevard (3L) Existing bicycle boulevard facilities on Maybell Avenue between El Camino Real and Amaranta Avenue are limited to speed tables and bicycle route signage. The Maybell Avenue Bicycle Boulevard includes El Camino Way (West Meadow Drive to El Camino Real), Donald Drive (Terman Middle School to Georgia Avenue), and Georgia Avenue (Donald Drive to Arastradero Road). Final design is anticipated in spring 2016 with construction later in 2016. City of Palo Alto Page 11 The project responds to requests for delineated bicycle and pedestrian space on Maybell Avenue without the installation of sidewalk facilities to comply with the Barron Park Neighborhood Design Guidelines. A combination of stamped colored asphalt treatments with signage and roadway markings will delineate roadway space in a context sensitive manner to the surrounding community. Time-of-Day parking restrictions are proposed to support large queues of student bicyclists and pedestrians accessing local schools. At Georgia Avenue and Gunn High School Spur Trail, an enhanced crosswalk facility with bulb- outs and a combination speed table/crosswalk are proposed along with trail alignments to improve pedestrian/automobile visibility. Additional speed tables on Georgia Avenue are planned to reduce motor vehicle speeds approaching the trail intersection with Georgia Avenue. This fall, the pavement markings and signage for El Camino Way segment of the Maybell Bicycle Boulevard are being installed as part of a slurry seal project. With the preventative maintenance project, a southbound bicycle lane was added between West Meadow Drive and just south of James Road, while sharrows were installed in the northbound direction. Moreno Avenue-Amarillo Avenue Bicycle Boulevard (3M) The Moreno Avenue-Amarillo Avenue Bicycle Boulevard provides an east-west connection route across the northern periphery of the Midtown neighborhood. The current Concept Plan starts at West Bayshore Road and includes traffic calming measures to moderate motor vehicle speeds entering the residential neighborhood. At Ohlone School the Concept Plan includes a new raised crosswalk and sidewalk widening from the school to Louis Road. At Louis Road, the Concept Plan includes a raised intersection treatment between Moreno Avenue and Amarillo Avenue. Shared lane pavement markings along the corridor are recommended to highlight the bicycle route with focused intersection improvements at Ross Road and Greer Road where intersecting Bicycle Boulevards meet. Staff will be conducting additional school-based outreach and scheduling one more neighborhood meeting to before finalizing the Concept Plans. Staff anticipates presenting the Concept Plan for approval to the Planning and Transportation Commission and City Council in spring 2016. Park Boulevard Bicycle Boulevard (3N), including Stanford Avenue connection The Park Boulevard Bicycle Boulevard project received City Council policy approval of the Concept Plan in August 2015. Final design is anticipated to be completed in spring 2016, with construction beginning later in 2016. Park Boulevard is the City’s most traveled bicycle route. The approved Concept Plan includes traffic calming such as traffic circles, median islands, and speed tables, wider bicycle lanes, crosswalk improvements, and stop sign removal. The project is being coordinated with the Charleston Road-Arastradero Road Corridor improvements for intersection treatments at Park Boulevard and Charleston Road. In response to comments City of Palo Alto Page 12 received from the Planning and Transportation Commission and City Council, staff conducted an additional neighborhood meeting on October 8 at the Escondido School to further refine the concept plan before advancing into final design. It is estimated that about 20 residents attended. There was widespread support for the proposed traffic calming along Park Boulevard and Stanford Avenue, however there was a great deal of concern surrounding the section of Park Boulevard between California Avenue and Lambert Avenue. Generally, attendees did not feel that the approved Concept Plan offered sufficient comfort and safety for cyclists in this stretch. As we move into final design, staff recommends considering some type of Class IV separated bikeway facility in this section, due to the heavy traffic and large number of turning conflicts in the vicinity of Page Mill Road. Ross Road Bicycle Boulevard (3O) Ross Road has some existing traffic calming measures, including speed humps between Oregon Expressway and Colorado Avenue. The current Concept Plan includes sharrows and new slotted speed humps south of Colorado Avenue. Pedestrian safety is a big concern for local residents so new crosswalk markings parallel to Ross Road are included in the current Concept Plan, along with curb extensions and focused intersection improvements at Colorado Avenue, Clara Drive, Loma Verde Avenue, Talisman Drive, East Meadow Drive, and Louis Road. The current Concept Plan includes traffic circles with yield controls and pedestrian crosswalks at both Moreno Avenue and East Meadow Drive. Early implementation of this project started in 2014 with the construction of a new bicycle- priority traffic signal at Oregon Expressway. The traffic signal allows bicyclists to travel across Oregon Expressway while automobiles are forced to turn right. Staff plans to conduct additional school-based outreach and schedule one more neighborhood meeting to finalize concept plans for Ross Road. Staff anticipates presenting the Concept Plan for approval to the Planning and Transportation Commission and City Council in spring 2016. Wilkie Way Bicycle Boulevard (3P) The Wilkie Way Bicycle Boulevard project received City Council policy approval of the Concept Plan in August 2015. Final design is anticipated to be completed in spring 2016 with construction to begin later in 2016. Wilkie Way connects to Park Boulevard via Maclane Street and provides a connection to Mountain View via Miller Avenue and Del Medio Avenue. The street currently provides wide motor vehicle travel lanes and residents have expressed concerns regarding motor vehicle speeds between Maclane Street and Charleston Road. Intersection improvements including bulb-out treatments and traffic circles are proposed in this section in response and offer opportunities to transform the streetscape of the neighborhood into a more walkable community with large tree canopies. Similar improvements were initially considered south of Charleston Road but residents expressed concern regarding the benefit of larger improvements in this neighborhood given the existing end-of-street condition south of Whitclem Drive. South City of Palo Alto Page 13 of the Wilkie Way Bridge, traffic calming with median islands in the Monroe neighborhood are proposed in the Concept Plan. These would help to slow motor vehicle speeds. South Palo Alto Google Partnership Projects (3Q-3T) Google is funding the concept planning work for several corridors in south Palo Alto. The projects will create a network of facilities around the Cubberley Community Center and tie directly into Google’s “The Rails” project, located at San Antonio Road and Nita Avenue. The following corridors are included in the South Palo Alto Google Partnership Projects:  Alma Street Enhanced Bikeway, Charleston Road to San Antonio Avenue  Louis-Montrose-Cubberley Bicycle Boulevard, East Meadow Circle to Nelson Drive  Middlefield Road Enhanced Bikeway, Charleston Road to South City Limit San Antonio Avenue Bicycle Route, Charleston Road to Alma Street Improvements vary from sharrows on low-volume residential streets to reconfiguration of arterial streets and side streets to create new shared-use paths connecting residents, regional transit, shopping, and employment destinations. After reviewing input from recent community meetings, staff identified the following next steps for each project to wrap up the concept planning phase. Alma Street Enhanced Bikeway The current Concept Plan includes a new shared-use path that incorporates the existing sidewalk between East Meadow Drive and San Antonio Avenue. Innovative intersection treatments (i.e. bicycle boxes, two-stage queue-boxes, bicycle traffic signals, etc.) are also included at East Meadow Drive and Charleston Road. Staff recommends developing more detailed landscaping plans in order to determine which of the existing trees will be impacted and identify opportunities to mitigate the impacts through the installation of additional trees and landscaping. Staff also recommends more focused outreach to the religious institutions along the corridor, as their driveways may see increased bicycle traffic after the bikeway is constructed. Louis-Montrose-Cubberley Bicycle Boulevard The current Concept Plan includes two alternatives for Louis Road: 1) removal of one part-time on-street parking lane and the installation of all-day bicycle lanes in both directions (one all-day parking lane would remain), or 2) designation of two all-day on- street parking lanes and the installation of sharrows in the travel lanes. Staff recommends that a parking utilization survey be conducted along the corridor to calculate the existing parking demand and determine whether this demand can be satisfied with one on-street parking lane. The current Concept Plan recommends a shared-lane condition along Montrose Avenue and a newly striped parking lot drive aisle and widened shared-use path through the Cubberley Community Center. Staff is working with other departments and agencies to include these improvements in any project being planned for the community center property. Middlefield Road Enhanced Bikeway City of Palo Alto Page 14 The current Concept Plan includes the installation of buffered bicycle lanes between Charleston Road and Mountain View city limits. In order to accommodate the enhanced bikeway, the plan includes a lane reduction north of San Antonio Road and roadway widening at the intersection of San Antonio Road. Staff recommends the completion of a traffic study to determine whether the lane reduction will function well for other roadway users and also analyze the operation of the San Antonio Road intersection with and without the proposed roadway widening. San Antonio Avenue Enhanced Bikeway The current Concept Plan includes a shared-use path on the north side of San Antonio Road between Charleston Road and Byron Street, where the enhanced bikeway then continues along a bicycle boulevard on the San Antonio Avenue service road to Alma Street. The shared-use path is currently proposed to terminate at Charleston Road, rather than extend over US 101, due to the investment in the Adobe Creek Overcrossing and the alternate crossing available at North Rengstorff Avenue. Additional outreach is planned to residents near a proposed roundabout at Briarwood Way, San Antonio Avenue, and San Antonio Road. Staff recommends that a parking utilization survey be conducted in the area around Charleston Road and Fabian Way to calculate the existing parking demand and determine whether the angled parking on San Antonio Road can be modified. Stanford-Palo Alto Trails Program (3U-3W) The Stanford-Palo Alto Trails Program was a partnership between Stanford University and Palo Alto designed to access Santa Clara County trails funding to create a set of hiking and biking trails connecting recreational areas in the foothills to those in the Palo Alto Baylands. The plan, called “Stanford and Palo Alto Trails Program: Connecting the Bay to the Ridge,” was proposed in 2012. Since then, Stanford has pursued design and construction of their perimeter trail, and Palo Alto has pursued a trail along Matadero Creek. Stanford Perimeter Trail The Stanford Perimeter Trail will be an easily accessible, 3.4 mile-long, multi-use recreational amenity, built along Junipero Serra Boulevard, Stanford Avenue, and El Camino Real. It will be a high-quality facility for walkers, joggers, and bicyclists. The trail provides an important connection to Palo Alto and County trails, local parks, schools, and other destinations. Stanford completed construction of a new multi-use trail along Junipero Serra Boulevard from Stanford Avenue to Page Mill Road in September 2015, including Dish entrance improvements and new bicycle parking. Stanford is currently reconstructing the Stanford Avenue roadway from Junipero Serra Boulevard to Escondido Road through October 2015. Enhanced bicycle lane striping and construction of on-street back-in angle parking on Stanford Avenue near Junipero Serra Boulevard has been completed. City of Palo Alto Page 15 Construction along El Camino Real between Stanford and Quarry is currently underway through November 2015. Additional updates on construction activities are available at: https://perimetertrail.stanford.edu/construction-updates Midtown Connector Project The City is leading the planning phase of the Midtown Connector Project (formerly known as Matadero Creek Trail). The Midtown Connector Project seeks to identify routes on and parallel to the Matadero Creek between Highway 101 and Alma Street that serve to connect community facilities for use by bicyclists and pedestrians of all ages. A preliminary constructability review indicates that constraints along the Matadero Creek alignment limit the feasibility of a public access trail on a majority of the Matadero Creek corridor. Constraints include access closure structures constructed by the Matadero Creek Long-Term Remediation Project and steep trail gradients required for maintenance access to the creek channel. Staff presented preliminary findings to the Midtown Connector Citizen’s Advisory Committee on September 8, 2015 for discussion. The magnitude of the constraints identified raise important policy questions for the City and staff will be returning to the City Council for direction before the end of the year. Arastradero Trail The Arastradero Trail is an important component of an integrated pedestrian and bicycle network that connects mixed-use areas in Central Palo Alto with recreational areas both near San Francisco Bay and up in the Palo Alto hills. The Arastradero Trail skirts the southern edge of the Stanford University campus and the Stanford Research Park, providing a convenient, uncongested route that improves travel time and safety for community residents, workers, and visitors. The trail provides connections to Gunn High School and the VA Clinic, and several major employers located along Arastradero Road. The trail also reaches up into the hills southwest of Palo Alto, providing connections to highly popular recreational bicycling roads and trails. In spring 2015, the City rebuilt the Arastradero Trail along Arastradero Road west of Foothill Expressway as part of the Capital Improvement Program. The project widened and repaved the trail to bring it to current design standards for a multi-use path. County of Santa Clara Expressway 2040 Program (3X-3Z) The proposed Bikeway Network of the Bicycle & Pedestrian Transportation Plan identifies Page Mill Road as an existing Class II Bike Lane but notes the area in and around El Camino Real as requiring additional improvements. The City of Palo Alto funded the Concept Plan Line work for Page Mill Road between Birch Street and Interstate 280 to support the planning activities of the County of Santa Clara Expressway City of Palo Alto Page 16 2040 Program. The study also included focused analysis of spot intersection improvements identified in the Plan including the Page Mill Road and I-280 intersection, Foothill Expressway and Arastradero Road intersection, Foothill Expressway and Page Mill Road intersection, and connections of Old Page Mill Road to Junipero Serra Boulevard. The City Council considered the plans and provided feedback to the County in summer 2015 that expansion of Page Mill Road should only be studied for dedicated carpool lanes, not single-occupancy vehicle lanes. Council members also provided specific comments regarding the alignment of bicycle facilities immediately east of I- 280. POLICY, PROGRAMS, AND EMERGING TRENDS The City’s bicycle and pedestrian program seeks to continue Palo Alto’s leadership in promoting healthy transportation by advancing policy and program initiatives to support and complement Plan implementation projects. Some examples are described below, and constitute current “best practices” from other cities and private entities that are similarly committed. Improved outreach with new technology and commitment to transparency A central challenge of planning is creating informed discussions about the past, present, and potential future. Traditional community outreach strategies are failing to reach a large proportion of our community. Evening community meetings, noticed via snail mail, are successful at engaging a segment of the community, but many more are left out of the process. Citizens are eager for opportunities to learn and comment on concepts, on their own time, when it is convenient for them. Staff is taking steps to increase opportunities for community input. In the past, concept plans have not always been posted online in advance of community meetings and individuals who have attended previous meetings have not always been properly noticed. Going forward, all concept plans will be posted online in advance of community meetings. Those who cannot attend will be encouraged to provide written comment. Staff has implemented new checks to ensure proper noticing of the community. Staff is also interested in advancing a pilot program to test a new model for robust community engagement using virtual reality kiosks to show 360-degree visualizations of design options right from the street. Participants will be able to visualize the present and future of the area surrounding them, respond to survey questions, and leave audio comments. In San Francisco, a similar outreach strategy was tested recently for the Better Market Street project. In a single week test, 500 people participated through a virtual reality kiosk installed at the corner of 6th and Market Street. That is compared to 272 people who attended the City of San Francisco’s official workshops in 2 days in 2014. 33% of participants indicated they had never before heard of the Better Market Street project. In addition to the multiplier effect on participation, the virtual reality kiosk also ensured that a sizeable portion of the participants were for the first City of Palo Alto Page 17 time included in the democratic process. As a result, many new members of the community learned about the project, and citizens had a much clearer picture of design implications for the community. Bay Area Bike Share Bike share continues to be a hot trend in transportation. In 2014 the number of bike share stations nationwide increased about 20%, from 1,925 in 2013 to 2,345 in 2014. Fourteen new bike sharing systems opened nationwide, and four existing ones closed, bringing the United States total up to 50 active systems. Table 5 compares trips per bicycle per day on U.S. and international bike share systems. Most successful systems are in urban areas with high population and employment density. Successful systems invest in a significant build-out of the bike share network, with station density far higher than the Bay Area pilot program. Table 5: Bike Share System Efficiency around the World Bike share in Palo Alto debuted in August 2013 as part of the San Francisco regional bike share pilot program, Bay Area Bike Share. Bay Area Bike Share allows customers to rent out bikes and return them at other stations. In Palo Alto, the Bike Share program currently includes 37 bikes at five stations: three in downtown, one near the California Avenue Caltrain station and one on Park Boulevard. The small number of bike share stations and lack of station density in Palo Alto has limited its ability to provide efficient first and last mile connections. Without Stanford University and other large employers’ participation, bike share is unlikely to play a significant local role in transportation demand management. According to MTC data, a Palo Alto bike has a usage rate of 0.21 trips per day, fewer than both Mountain View (0.48) and San Jose (0.39). In San City of Palo Alto Page 18 Francisco, which has 380 bikes, the rate is 2.6 daily trips per bike. Since the program launched in 2013, Palo Alto has experienced fewer than 5,000 total trips. This includes about 500 between October 1 and December 31, 2014, MTC data shows. Bike Share’s managing agency, the Metropolitan Regional Transportation Commission (MTC), has evaluated the pilot program in preparation for a major regional expansion. The evaluation recommends discontinuing the pilot program in cities with underwhelming ridership numbers, including Palo Alto. In May 2015, the MTC Board of Directors authorized a term sheet for contract negotiations between MTC and Motivate, the selected Bike share operator, which includes withdrawal of ongoing financial support for bike share in Palo Alto, Mountain View, Redwood City, and San Mateo beginning June 1, 2016. As things currently stand, the existing Bike Share will continue to June 2016 at no cost to the city. Under the initial terms of the agreement with Motivate, there will be a cost to the City after next June to maintain and/or expand the service. The City could also elect to discontinue participation or go with another approach. Cities wishing to continue must notify Motivate by May 31, 2016. For cities that decide not to continue by this time, Motivate plans to relocate the equipment in July 2016. MTC has tentatively agreed to make available consulting resources to support a focused strategic planning effort to investigate options for the Mid-Peninsula cities. This study would look at alternative bike share options, costs and financing strategies and inter-operability with the Bay Area Bikes Share system. The Peninsula Pilot Cities would like to explore a common approach for the Mid-Peninsula that could be a key component of the Caltrain last-mile strategy. A more flexible and cost-effective bike share system, in which each bike contains a lock, so that stations are not required on both trip ends, may better serve the mid-Peninsula area. Regional compatibility for members and occasional users is also an important consideration, as many Palo Alto trips have regional origins and destinations. This planning study will need to get underway soon to support decision-making in early 2016. New Ride app selected through Multi-City Innovation Challenge The City of Palo Alto has partnered with 25 cities to participate in an App Challenge for developers to create technology which improves community health. The partner cities selected one finalist with a project related to bicycle route planning. Staff is looking at deploying the Ride app as part of our portfolio of experimental, innovation activities in 2016. The Ride app has been successfully deployed in Portland, Oregon and can be previewed at https://ride.report/ The app has two primary uses: 1) First, bike riders get an easy-to-use app that anonymously tracks bike routes around the city. With one click, users can offer valuable feedback about what it’s like to ride those routes. The app runs in the background on low power, so it does not drain your battery. 2) For the city, the company has created a dashboard that pulls in data from the Ride app and other sources into a visual map. The idea is to make it as easy as possible for city leaders and staff to see what bike routes are popular during different times of day and incorporate that information into better city planning. City of Palo Alto Page 19 Timeline Each of the Bicycle and Pedestrian projects will follow the Project Implementation Model as shown in Table 1. Projects will advance for policy approval of Concept Plans during 2015 and 2016, following two to four community outreach meetings to help refine and respond to neighborhood concerns prior to approval. The Park Boulevard Bicycle Boulevard, Wilkie Way Bicycle Boulevard, and Maybell Avenue Bicycle Boulevard are already in the Final Design phase. The Churchill Avenue Phase 1 project is already in the Final Design phase and City Council consideration of the award of the construction contract is anticipated in spring 2016. Following the Concept Plan policy approvals, staff will bring forward additional contracts for completion of Final Design and Environmental Assessment, followed by contracts for construction. Staff recommends the pursuit of grant funds for construction to leverage local funding in the CIP. Resource Impact As part of the approval of the City’s Infrastructure Plan, the City Council allocated $20.0 million towards bicycle and pedestrian plan implementation. For Fiscal Year 2014 and 2015, $0.8 million has been expended in the Bicycle & Pedestrian Transportation Plan Implementation Project (PL-04010). The 2016-2020 Adopted Capital Improvement (CIP) includes a total of $7.9 million in funding for this project. Additionally, the CIP set aside $11.6 million in a reserve for the Bicycle and Pedestrian Transportation plan. As part of future CIPs, projects will be identified for use of the reserve. Staff seeks to apply for grant funding to offset resources identified for bicycle and pedestrian plan implementation. As grant funds are secured or low- cost project improvements identified Transportation staff will coordinate with Public Works for implementation as part of the Street Resurfacing Program. Policy Implications Implementation of the Bicycle & Pedestrian Transportation Plan and its associated projects is supported by the goals, policies and programs included in the Comprehensive Plan, including: GOAL T-3: Facilities, Services, and Programs that Encourage and Promote Walking and Bicycling POLICY T-1: Make land use decisions that encourage walking, bicycling, and public transit use. POLICY T-14: Improve pedestrian and bicycle access to and between local destinations, including public facilities, schools, parks, open space, employment districts, shopping centers, and multi-modal transit stations. POLICY T-15: Encourage the acquisition of easements for bicycle and pedestrian paths through new private developments City of Palo Alto Page 20 POLICY T-18: Support the development of the Santa Clara County Countywide Bicycle System, and other regional bicycle plans. POLICY T-19: Improve and add attractive, secure bicycle parking at both public and private facilities, including multi-modal transit stations, on transit vehicles, in City parks, in private developments, and at other community destinations. POLICY T-22: Improve amenities such as seating, lighting, bicycle parking, street trees, and interpretive stations along bicycle and pedestrian paths and in City parks to encourage walking and cycling and enhance the feeling of safety. POLICY T-23: Encourage pedestrian-friendly design features such as sidewalks, street trees, on-street parking, public spaces, gardens, outdoor furniture, art, and interesting architectural details. PROGRAM T-5: Work with private interests, such as the Chamber of Commerce and major institutions, to develop and coordinate trip reduction strategies. PROGRAM T-19: Develop, periodically update, and implement a, bicycle facilities improvement program and a pedestrian facilities improvement program that identify and prioritize critical pedestrian and bicycle links to parks, schools, retail centers, and civic facilities. PROGRAM T-22: Implement a network of bicycle boulevards, including extension of the southern end of the Bryant Street bicycle boulevard to Mountain View PROGRAM T-23: Develop public sidewalks and bicycle facilities in Stanford Research Park and other employment areas Other policies in the Comprehensive Plan speak to the aesthetics of street improvements and the need to balance the needs of all modes of transportation, for example: POLICY T-25: When constructing or modifying roadways, plan for usage of the roadway space by all users, including motor vehicles, transit vehicles, bicyclists, and pedestrians. These policies and those supporting bicycle and pedestrian improvements must be balanced as individual project decisions are made. Environmental Review A Negative Declaration for the City Bicycle Plan was adopted on September 4, 2012. Each individual capital improvement project is subject to environmental assessment following the policy approval of Concept Plan Lines for each project. This staff report intends to provide only an update on each project, no environmental assessment is discussed or approval requested. Attachments:  Attachment A: Current Bike/Ped Network Projects (PDF) "b "b "b "b £¤101 Stanford University §¨¦280 Unincorporated Santa Clara County San Francisco Bay Baylands Preserve Don Edwards National Wildlife Refuge City of Mountain View City of Menlo Park City of East Palo Alto Town of Los Altos Hills City of Los Altos C a m pus Dr San Antonio Shopping Center C o w p e r S t E l C a m i n o R e a l M i d d l e e l d R d L o u i s R d Page Mill Rd W e b s t e r S t Fo o t h i l l E x p y C h a n n i n g A v e Oregon Expy Meado w D r Sand Hill Rd Stanford Ave Hamilton Ave U niv ersity Ave B a y s h o r e R d Seale Ave New e l l R d Linc o l n A v e Palm D r H a n o v e r S t Colorad o A v e Aras t r a d e r o R d Loma Verd e A v e Galvez S t Welch R d California Ave Cen t e r D r Hil l v i e w A v e Old Page Mill Rd E s c o n d i d o R d Palo Alto A v e E m b a r c a d e r o R d Coleridge Ave D e e r C r e e k R d C o y o t e H i l l R d Em b a r c a d e r o R d S e r r a M a l l Hawthorne Ave S a n t a T e r e s a S t Lom i t a D r P o r t e r D r Serra St Del Medio Ave G a r c i a A v e Hansen Way K i p l i n g S t El Dorado Ave Ge n g R d F a y e t t e D r Adobe Clark Way Mayview Ave California Ave Ar b o r e t u m R d Mi d d l e e l d R d Fa b e r P l G u i n d a S t Colorad o A v e Alm a S t Mel v i l l e A v e Addison Ave Ca s t i l l e j a A v e Quarry R d El Camino Real Palo Alto A ve Lytton Ave Ames Ave Portage Ave Du r a n d W y Alm a S t Ni t a A v e Sant a C l a r a San M a t e o Well s A v e Everett Ave University Ave Sa n M a t e o D r Wav e rly Mi d d l e e l d R d Willow Rd Kingsley Ave Monroe Dr "" " " """ Pedestrian-only jogging trail n n n n n n n n n n n n n n n n ·|}þ82 D o n a l d D r M a c k a y D r B r y a n t S t Arastradero Rd Maybell Ave L a D o n n a A v e Moreno Ave N e l s o n D r James Rd R o s s R d P a r k B l v d A l m a S t Br y a n t S t G r e e r R d Homer Ave Churchill Ave Matadero Ave Barron Ave Los Robles Ave Amarillo Ave L a g u n a A v e San An t o n i o R d Charle s t o n R d W i l k i e W a y Fabi a n W a y Gr e e r R d Montro s e A v e San Antonio Ave Matadero Creek 2014/2015 Bicycle Network Development Projects Bicycle Boulevard projects are on streets where bicycling is already appealing for many riders due to low trac volumes and speeds, and good access to key destinations such as schools, parks, and connections across key barriers. Potential improvements on these routes include revised trac controls to promote cycling convenience, custom signage and wayfinding, additional trac calming, and other measures. Bicycle Boulevards Barron Park Shared Bikeways Matadero Creek Trail Feasibility Multi-Modal & Enhanced Bikeways A major eort is underway to improve bicycle and pedestrian comfort for streets in the Barron Park neighborhood. These corridors are identified as “shared bikeways” in the City’s adopted bicycle network, which are similar to Bicycle Boulevards but without as much focus on providing signage for crosstown connectivity. Since most of these streets do not include sidewalks or walkways, a stronger emphasis on pedestrian safety is also anticipated. This project seeks to improve east-west connectivity for recreational activity and bicycling in the Midtown neighborhood of Palo Alto. With an emphasis on determining the feasibility of a pathway or trail along the creek’s existing maintenance roads, the project will also look at parallel on-street corridors for protected bikeway and greenway concepts, as well as advance the design of future potential barrier crossings over/under Highway 101 and Caltrain. The Charleston-Arastradero Project will advance the design of this important corridor for all modes, with a focus on landscaped medians and other streetscape features, as well as Safe Routes to School safety measures. The Churchill Ave Project seeks to close the gap between the Caltrain and Stanford shared use pathways, while also seeking significant upgrades to the El Camino Real intersection. Lastly, several roadways in South Palo Alto are being examined for a variety of bikeway enhancements as part of a public-private partnership with Google. More information, including a link to a new online map tool for comments and suggestions, is available at: www.cityofpaloalto.org/bike Attachment A CITY OF PALO ALTO OFFICE OF THE CITY CLERK October 26, 2015 The Honorable City Council Palo Alto, California Appointment of Candidates to the Architectural Review Board and the Planning and Transportation Commission The City Council interviewed four candidates for the Architectural Review Board (ARB) and four candidates for the Planning and Transportation Commission (PTC) on Tuesday, September 29, 2015. On Monday, October 26, 2015 the Council will vote to appoint commissioners to the Architectural Review Board and the Planning and Transportation Commission. Voting will be by paper ballot. The first candidates to receive at least five votes (required) will be appointed. Copies of all applications are attached. Some applications may be redacted at the request of the applicant. A full set of non-redacted applications will be provided to Council Members directly. ARCHITECTURAL REVIEW BOARD Vote to appoint 3 three-year terms on the Architectural Review Board expiring on December 15, 2018. The 4 ARB Candidates are as follows: Peter Baltay Robert Gooyer (Incumbent) Alexander Lew (Incumbent) Flore Schmidt On September 28, 2015 Steven Eichler withdrew his application for the ARB. PLANNING AND TRANSPORTATION COMMISSION Vote to appoint 1 four-year term on the Planning and Transportation Commission expiring on December 15, 2019. The 4 PTC Candidates are as follows: Louis Fried John Hamilton William Ross Asher Waldfogel Page 2 ATTACHMENTS:  Attachment: Attachment A: ARB Baltay, Peter (PDF)  Attachment: Attachment B: ARB Gooyer, Robert (PDF)  Attachment: Attachment C: ARB Lew, Alexander (PDF)  Attachment: Attachment D: ARB Schmidt, Flore (PDF)  Attachment: Attachment E: PTC Fried, Louis (PDF)  Attachment: Attachment F: PTC Hamilton, John (PDF)  Attachment: Attachment G: PTC Ross, William (PDF)  Attachment: Attachment H: PTC Waldfogel, Asher (PDF) Department Head: Beth Minor, City Clerk Page 3 .f Architectural Review Board Application Personal Information Name: Peter Baltay W�IY Of PAL8 l\Lr@ldJA erry CLERK'S ef'P+et: Address: 450 Kipling Street, Palo Alto CA 94301 Cell Phone: 415 407-1621 0 Home t®office Phone: 650 327-7573 E-mail: peter@toposarchitects.com Are you a Palo Alto Resident?QYes @ No 15 HAY -5 PH 2: I 0 Do you have any relatives or members of your household who ar . e employed by the City o.L.ealo A.Jle., who are currently serving on the City Council, or who are Commissioners or Board Members? UYes(!} No Are you available and committed to complete the term applied for? ®vesO No California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest (Form 700). Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to: 1) engage in business with the City; 2) provide products or services for City projects; or 3) be affected by decisions of the board or commission you are applying for? Oves®No Excluding your principal residence, do you own real property in Palo Alto? ()v es @No How did you Learn about the vacancy on the Architectural Review Board? Ocommunity Group [{]Email from City Clerk 0Palo Alto Weekly 0Daily Post Deity Website 0Flyer Other:_�----------------------------- List relevant education, training, experience, certificates of training, licenses, or professional registration: Bachelor of Arts-Columbia University 1984 Master of Architecture-University of Washington 1990 Licensed California Architect since 1995 Owner and Principal Architect of TOPOS Architects since 2000. Employment TOPOS Architects (www.toposarchitects.com) Present or Last Employer: Occupation: Architect and builder Describe your involvement in community activities, volunteer and civic organizations: Past member of the San Mateo County Design Review Board Past member of the Redwood City Architectural Review Board Member of the Santa Clara County AIA Page 1 Architectural Review Board 1. What is it about the Architectural Review Board that is compatible with your experience and of specific interest to you, and why? I am an experienced local architect. I have worked successfully with the Palo Alto Planning and Buildnig Department on many projects. I have served on other design review boards and am familiar �ith the procedures and practices of public service. I believe that it is important to "give back" to the community. 2. Please describe an issue that recently came before the Board that is of particular interest to you and describe why you are interested in it. If you have never been to a Board meeting you can view an archive here: LINK. 429 University Avenue is a project meeting the 'objective' requirements (parking, FAR, height) yet still not fulfilling the 'subjective' requirements (compatibility, scale, massing). Much contention could have been avoided had the ARB been more insistent that the project comply with the subjective requirements of the Design Guidelines and Comprehensive Plan, even if it reduced the allowed maximums of the Zoning Code. 3. If appointed, what specific goals would you like to see the Architectural Review Board achieve, and why? How would you suggest accomplishing this? 1. I would like to see the Architectural Review Board be more willing to compromise on the objective standards of the Zoning Code to fullfill the subjective standards of the Design Guidelines and Comprehensive Plan. 2. I would like to see the Architecture Review Board (and City Council, and Planning Staff) provide more concrete feedback to reduce the number of design review cycles and move projects through the review process efficiently. 4. Please identify a project or projects that you find to be examples of good architecture, and explain why. You may attach samples, identify project addresses, or provide links. If you attach samples, staff may request that you bring hard copy print outs to the interviews. 1. 520 Cowper Street (Garden Court Hotel)-a wonderfully pedestrial friendly street front with e spacious end well designed vehicular entrance at the hotel help mask the mas of the buildng. Careful and playful detailing and lots of balconies provide en attractive link to Palo Alto's architecture heritage. 2. Courthouse Square, Redwood City-sometimes no buildng is best of all. A we;; used and loved public space created with lots of community input. Small flanking gazebos enhance the pedestrian nature of the public square. 3. 1600 El 'Gamino, Menlo Park (NE corner of El Camino end Encinal)-a beautifully executed rendition of a Mediterranean style building built in the twentieth-first century. The materials, detailing and massing fit the site and community and, while gently evoking the past, are not reproductions of outdated building techniques. 4. 270 University Avenue (Jos. A Banks store)-a well designed urban storefront that is both of our time (contemporary detailing and sustainable) yet of a scale and massing to fit into the University Avenue streetscape as a good neighbor. Not every building should be this dramatic, yet once in a while it is refreshing. 5. Architectural Review Board Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan LINK Zoning Code LINK El Camino Real Design Guidelines LINK El Camino Real Master Plan Study LINK and Appendices LINK Area Plans such as the South of Forest Avenue (SOFA) I and II Plans LINK California Environmental Quality Act LINK Permit Streamline Act LINK Density Bonus Law LINK Secretary of the Interior's Standards LINK Page2 Architectural Review Board / Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, "No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual." The full code is attached. This consent form will not be redacted and will be attached to the Application and posted to the City's website. The full code can be read here: LINK Read the code, and check only ONE option below: 0 I give permission for the City of Palo Alto to post to the City's website the attached Board and Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. · OR 0 I request that the City of Palo Alto redact my home address, phone numbers, and email address from the attached Board and Commission Application prior to posting to the City's website. I am providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: 0Home 10office Phone: E-mail: l DigltallyslgnedbyPeterBaltay 5/5/2015· Peter Ba 1. ta yr �{:�:�::��:�;�,�;=,���::�··"· Signature: --------""-;;_·o._,.,_2m_s.o_s.o_s1_B_2,,_3-0_,. .. _. ----------Date:------ Page3 Architectural Review Board Architectural Review Board Application Personal lnfonnation Name: Robert Gooyer Address: 1900 South Norfolk Street, Suite 216 San Mateo. CA 94403 Cell Phone: (650) 740-8007 0 Home1@office Phone: (650) 349-6549 E-mail: Robert@rcgarchitecture.com Are you a Palo Alto Resident?Oves @ No Do you have any relatives or members of your household who are employed by the City 01.ealo AJte.. who are currently serving on the City Council, or who are Commissioners or Board Members? UYes\!,) No Are you available and committed to complete the term applied for? ®vesONo California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest (Form 700). Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to: 1) engage in business with the City; 2) provide products or services for City projects; or 3) be affected by decisions of the board or commission you are applying for? Oves@No Excluding your principal residence, do you own real property in Palo Alto?()ves @No How did you Learn about the vacancy on the Architectural Review Board? Ocommunity Group Ooaily Post [Zieman from City Clerk Deity Website 0Palo Alto Weekly 0Flyer Other: Current Member of Architectural Review Board List relevant education, training, experience, certificates of training, licenses, or profe88ional registration: Bachelor's of Architecture degree from University of Arizona Licensed architect in the state of California since 1980 #C-11 ,242. National Council of Architectural registration Boards member #50,961 Principal of my own architectural firm since it's inception in 1990 Employment Present or Last Employer: RCG Architecture Occupation: Principal Architect Describe your involvement in community activities, volunteer and civic organizations: Current or past involvement with: Palo Alto ARB (including Chair), San Mateo Planning Commission (including Chair), Board member & Volunteer President of Coyote Point Museum, SMFCSD Facilities Implementation Plan Advisory Committee, PTA & Site Council K-12, Board member -American Institute of Architects, Master Commissioner -California Architects Board, Emergency Safety Assessment Inspector of the Office of Emergency Services, State of California & SMFCSD Foundation "Bids for Kids" Committee. Page 1 Architectural Review Board 1. What ls it about the Architectural Review Board that is compatible with your experience and of specific interest to you, and why? I currently serve as the Chair for the Palo Alto Architectural review Board. Service to my community is very important to me. I have also served as a Planning Commissioner including being ifs Chair for the City of San Mateo for the 2 four year terms allowed by law. 2. Please describe an issue that recently came before the Board that is of particular interest to you and describe why you are interested in it. If you have never been to a Board meeting you can view an archive here: LINK. As a current Board member in my opinion, there is no one over riding issue that compels me to serve or is more important than another. I believe all projects brought before the Board need attention to make them a good fit for the residents of the city. A big issue to me is the misconception that the Board is only there to serve the developers who come before us. I believe our most important role is to be fair to all. Neighbors, City residents and applicants. 3. If appointed, what specific goals would you like to see the Architectural Review Board achieve, and why? How would you suggest accomplishing this? Continue my quest to show that the Board is there to serve the entire community. Homeowners as well as applicants and strive to have the final approved project be the best solution for all. A sort of win-win solution. A good final solution takes hard work by the Board as well as cooperation from the applicant and some give-and-take from the neighborhood. 4. Please Identify a project or projects that you find to be examples of good architecture, and explain why. You may attach samples, identify project addresses, or provide links. If you attach samples, staff may request that you bring hard copy print outs to the interviews. 1451 California Avenue -A good infill residential project. 450 Bryant -Good reuse of the Historic Police Department building in lieu of tearing it down. Palo Alto Medical Clinic infill. The development of a nice residential area where the old clinic was formerly located. 5. Architectural Review Board Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan LINK Zoning Code LINK El Camino Real Design Guidelines LINK El Camino Real Master Plan Study LINK and Appendices LINK Area Plans such as the South of Forest Avenue (SOFA) I and II Plans LINK California Environmental Quality Act LINK Pennit Streamline Act LINK Density Bonus Law LINK Secretary of the Interior's Standards LINK In my work as an architect, I have delt with all of the above items to one degree or another except for the Secretary of the Interior's Standards. Page2 Architectural Review Board ' ' Consent to Publish Personal lnfonnation on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, "No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual.• The full code is attached. This consent form will not be redacted and will be attached to the Application and posted to the City's website. The full code can be read here: LINK Read the code, and check only ONE option below: ® I give permission for the City of Palo Alto to post to the City's website the attached Board and Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR 0 I request that the City of Palo Alto redact my home address, phone numbers, and email address from the attached Board and Commission Application prior to posting to the City's website. I am providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: 0Home E-mail: August 18, 2015 Signature: ______________________ Date:----- Page3 Architectural Review Board Architectural Review Board Application Personal Information Name: Alexander Lew Address: 372A Bush St Mountain View Cell Phone: 650-537-7445 (!)Home 10ottice Phone: 650-694-4662 E-mail: alexanderlew@att.net Are you a Palo Alto Resident?QYes (!)No c;, /er PALO ,;r_rr:. C/\ CiTf CLE:i:::K's OFFICE IS AUG 26 PM 4: 53 Do you have any relatives or members of your household who are employed by the City o�alo A�. who are currently serving on the City Council, or who are Commissioners or Board Members? UYes � No Are you available and committed to complete the term applied for? @vesONo California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest (Form 700). Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to: 1) engage in business with the City; 2) provide products or services for City projects; or 3) be affected by decisions of the board or commission you are applying for? Oves0No Excluding your principal residence, do you own real property in Palo Alto? @ves Q No How did you Learn about the vacancy on the Architectural Review Board? Ocommunity Group [{]Email from City Clerk 0Palo Alto Weekly 0 Daily Post D eity Website 0 Flyer Other:--------------------------------- List relevant education, training, experience, certificates of training, licenses, or professional registration: Associate, project manager, & designer at Solomon Ellis Tomey Architecture and Urban Design Junior designer at Carrasco & Associates Drafter at Stanford University Planning Office Columbia University, master of architecture Washington University, bachelor of arts in architecture Passed national board exams, but not the California exam. Employment Self-employed Present or Last Employer: Occupation: Residential designer Describe your involvement in community activities, volunteer and civic organizations: Palo Alto Architectural Review Board (2 terms and 1 partial term). Board Member, coordinator, and ride leader at Western Wheelers, a Palo Alto cycling club. Volunteer for the Palo Alto "Dream Team" Charrette for an intermodal transit station. Research and organize walking and cycling tours of historic sites on the peninsula. Page 1 Architectural Review Board nd rea Schaffer 25' VEHICLES 15' FLEX ZONE 11' SW 26' SW OR CAFE __ _,..,__,.._. _____ _,. _____________ _,. ._. ____ _,. +---+ .------+ + 130' OVERALL WIDTH 1. Le Cours Mirabeau, Aix-en-Provence / Alexander Lew 25' 2. Old Market District, Omaha Photo Wikimedia CITY BEAUTIFUL MOVEMENT CIRCA 1920 GEORGE KESSLER (PLANNER) AND J.C. NICHOLS (DEVELOPER) 3. Country Club Plaza and Ward Parkway, Kansas City Architectural Review Board Application Personal lnfonnatlon Name: Flore Schmidt E-mail: Are you a Palo Alto Resident?@Ves Q No �CITY OF PALO ALTO, CA � CITY CLERK'S OFFICE � 15 Aug 26 I 5:26 pm Do you have any relatives or members of your household who are employed by the City o!,Ealo AJ.12..., who are currently serving on tile City Council, or who are Commissioners or Board Members? UYea� No Are you ava'ilable and committed to complete the term applied for? ®vesONo California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest (Form 700). Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe Is lll<ely to: 1) engage in business witn tne City; 2) provide products or services for City projects: or 3) be affected by decisions of the board or commission you are applying for? 0Yes@No Excluding your principal residence. do you own real property in Palo Alto? Oves @No How·did you Leam about the vacancy on the Architectural Review Board? Ocommunlty Group [l]Email from City Clerk 0Palo Alto Weekly Ooaily Post Deity Website 0Flyer Other: ________________________________ _ List relevant education, training, expertence, certificates of training, llcenses, or professional registration: Universite de Paris-Versailles UP3 Architecture Graduate-France 1988 1990 Italy -University Rome La Sapienza Co founder and run 20 architecrs Architecture POIVET's finn in Paris area. France 1991-2013 Experience includes: Residentials & multi apartment buildings I education (middle. high schools) I remodelling university Orsay/ government (Civic hall, Librory .. ) I sport facilities (Stadium saran) I international experience I many competitions http:/larchitizer.comfblog/stades-de-france/ '7 winning Sporting Venues of Various Shapes and Sizes" Employment Present or Last Employer: Moved to Silicon Valley 2014 Occupation: Currently works with Sunplanter INC a Solar building start up company, Palo Alto. Describe your involvement in community activities, volunteer and civic organizations: I used to be member of many architecture competition juries and involved in cities planning projects from small to very large scale Now familiarized with the American way of thinking and how does it work here, I am looking for involveme nt opportunities in subject I am deeply interest in. P::ige 1 Architectural Review Board 1. What Is It about the Architectural Review Board that Is compatible with your experience and of specific Interest to you, and why? Based on my own knowledge "della fabrica", the way you explore and develop ideas and work on it to pursue the purpose "to make them real". I mean significant and relevant to the site (history I nature) and who can be more or less gradually revealed to the conscience of everyone. I will be interested to switch place and point of view to try to help projects go further, trying to make rich and profitable the difference of culture, of architectural practice and of the way to built. 2. Please describe an Issue that recently came before the Board that Is of particular Interest to you and descrtbe why you are Interested In It If you have never been to a Board meeting you can view an archive here: LINK. I have no specific information about a particular case, but I have been witnessing over the last few years the restart of a cycle of tearing down small things and replacing them with huge structures, all over the bay area and very so oin Palo alto, and I am concerned about how the board can help maintain high qual�y standards through a period of shifting life style. I was in arcMecture school in the BO's in Paris when 6 "new cities" were built in a rush in the fields around Paris, with very l�Ue previous thinking and while are historic cities were being bulldozered by developers. Nobody had envisionned the society problems this ideological c�y planning would generate, but we all spent our carrier years to fix the problems due to density and lack cl upstream thinking and control. I would be very motivated to help the Architectural Review Board keep Palo alto friendly, green and residential. 3. If appointed, what specific goals would you like to see the Architectural Review Board achieve, and why? How would you suggest accomplishing this? Building on my experience, I hnk Pat> Alto's miSlion as a forward looking and glcbaly a<rrWed city Is to set �standards about how nelgl"bahoods can be "4brant and quiet, busy and green. Palo alto should harmoRously develop the em.4rooment but �Ml every aie's Identity and freedom. I think It Is a fascinating miStion. How does "city planrktg" el'ICClUrage "IMng together", •energy and ressouce conservation", meamlngfuil life", "elllclent business"? It seemi Impossible to 11gin out Iha athemy WhO can rTBke an �esslve poem or a strong nove� and to be a physical 30 product Is not enough to C001Jlete Iha goel of to be "arcNledtn". Production of "archllec!IA" begin \!otlere thoughts and material merge together t> jj\18 form and meanlng-maldng regarding t> the en"4ronment In any of Its aspects: slle, local history, imarism, �rarrmlng ... by respect of hannonlous oldomanoe scupled by scales, oomposilon Ines, masses, materials, cobrs ... and volUmes. I do belew that "archltec\Jre" can be touchable a bite by neophyle people and that's the key point to 81'1CClUrage will ent1'1Jsla1111 an archllectwal prodUcifoo. 4. Please Identify a project or projects that you find to be examples �good architecture, and explain why. You may attach samples, Identify project addresses, or provide links. If you attach samples, staff may request that you bring hard copy print outs to the Interviews. Let me talk about Palo Alto City Hall. I doni know if it v.iorks well internally, but I feel it provides PA downtown with remaquable qualities. Its volume make it Sland out like a gOYl!l'nment bu !ding shwld, its crchitectual design, the material employed giws a scale and style reference. It's a landmark This also manage to aeate a Euupean style "piazza• which is both a focal point. a breath In the cly, a gap in the canol7)', a hartxu while it reveals the Institution's importance, providing pUblic parking too. I absolutely do no mean private buldlngs should be allowed v.t\81 the city hall ls. I mean that architectural design, volume, laycut building implementation must be use to bull a nelghboftlood quality, an ader in the City meaning and hierarchy. However br the Mure, I strongly believe buildings should be design Cl'OUnd the sun so they are positive energy sdCI' powered, so they treat the sunlight and allOIN quality Inner spaces while reducing the need of air condltiCl'lning and artificial lighting. To my European eyes, LEED Platinum Is an easy target. I Wish Palo Alto Will really invent the next step ... &. Architectural Review Board Members work with the documents listed below. f you have experience with any of these documents, please describe that experience. Experience with these documents Is not required for sel�)Jo n. Palo Alto Co!Tl)rehensive Plan .LINK V Zoning Code LINK v· . El Camino Real Design Guidelines LINK t/ 1 / El Camino Real Master Plan Study .blli.!S and Appendices LINK // Area Plans such as the South of Forest Avenue (SOFA) I and II Plans LINK/,,/' Cslifomia Environmental Quality Act LINK Pennit Streamline Act LINK t/ Density Bonus Law LINK //' Secretary of the Interiors Standards LINK ,.· v Page 2 Architedural Review Board Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, "No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual.· The full code is attached. This consent fonn will not be redaded and will be attached to the Application and posted to the City's website. The full code can be read here: LINK Read the code, and check only ONE option below: 0 I give permission for the City of Palo Alto to post to the City's website the attached Board and Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR 0 I request that the City of Palo Alto redact my home address, phone numbers, and email address from the attached Board and Commission Application prior to posting to the City's website. I am providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone:(650) 494 4341 0Home I ®office Phone: E-mail: Signature: __ ��...__ __ J-_______ Date: _0_8_2_6_20 1 5 Page 3 Architectural Review Board __ __ __ __ __ __ Personal Information Name: Address: Cell Phone: Home / Office Phone: E-mail: Are you a Palo Alto Resident? Yes No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? Yes No Are you available and committed to complete the term applied for? Yes No California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest (Form 700). Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to: 1)engage in business with the City; 2)provide products or services for City projects; or 3)be affected by decisions of the board or commission you are applying for?Yes No Excluding your principal residence, do you own real property in Palo Alto? Yes No How did you Learn about the vacancy on the Planning and Transportation Commission? Community Group Email from City Clerk Palo Alto Weekly Daily Post City Website Flyer Other: _ _ List relevant education, training, experience, certificates of training, licenses, or professional registration: Page 1 Planning & Transportation Commission Planning and Transportation Commission Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: Page 2 Planning & Transportation Commission 1. What is it about the Planning and Transportation Commission that is compatible with your experience and of specific interest to you, and why? 2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commission meeting you can view an archive here: LINK. Page 3 Planning & Transportation Commission 3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve, and why? How would you suggest accomplishing this? 4. Planning and Transportation Commission Members work with the documents listed below. If you have experience with any of these documents, please describe that experience. Experience with these documents is not required for selection. Palo Alto Comprehensive Plan LINK Zoning Code LINK City Charter LINK California Environmental Quality Act LINK El Camino Real Design Guidelines LINK El Camino Real Master Plan Study LINK and Appendices LINK Area Plans such as the South of Forest Avenue (SOFA) I and II Plans LINK Baylands Master Plan LINK Page 4 Planning & Transportation Commission Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, “No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual.” The full code is attached. This consent form will not be redacted and will be attached to the Application and posted to the City’s website. The full code can be read here: LINK Read the code, and check only ONE option below: I give permission for the City of Palo Alto to post to the City’s website the attached Board and Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address from the attached Board and Commission Application prior to posting to the City’s website. I am providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: Home / Office Phone: E-mail: Signature: _ _ _ Date: Page 5 Planning & Transportation Commission Planning and Transportation Commission Personal Information Name: John Hamilton Address: 322 College Ave, Apt D; Palo Alto, CA 94306 Cell Phone: 650-353-5771 (8] Home I Q:>ffice Phone650-353-5 771 E-mail:john.hamilton@stanford.edu Are you a Palo Alto Resident? 18)ves QNo Do you have any relatives or members of your household who are employed by the City of.J;,ijlo Al�ho are currently serving on the City Council, or who are Commissioners or Board Members? LJYes �No Are you available and committed to complete the term applied for? f8:J Yes 0 No California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest (Form 700). Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to: 1) engage in business with the City; 2) provide products or services for City projects; or 3) be affected by decisions of the board or commission you are applying for? Q<es f8:I No Excluding your principal residence, do you own real property in Palo Alto? Oves 181) No How did you Learn about the vacancy on the Planning and Transportation Commission? IXlcommunity Group 0Email from City Clerk D Palo Alto Weekly OoailyPost IXlcity Website OF Iyer Other: ________________________________ _ List relevant education, training, experience, certificates of training, licenses, or professional registration: Education: Stanford University, JD/MBA, 2014-2018 Norwich University, MA (with honors), Diplomacy and lnt'I Conflict Management, 2012 Stanford University, BA (with honors), Public Policy, 2006 Experience: StartX, Stanford-StartX Fund, Associate, 2015 U.S. Air Force, Captain, 2006-2014 -Military intelligence officer with multiple operational deployments. Led teams of 75 people in demanding environments. Worked within governmental organizations to improve procedures and get results. Extensive experience in policy analysis, governance, civil liberties, and public organizational decision-making. Page 1 Planning & Transportation Commission Employment Present or Last Employer: StartX, Stanford-StartX Fund Occupation: Venture and Business Development Associate Describe your involvement in community activities, volunteer and civic organizations: I currently provide pro bono legal services for disabled veterans at the Palo Alto VA Hospital. I also have provided pro bono legal support for low-income workers in Sonoma County through the OneJustice program (spring 2015). I received the 2015 Stanford Law Veterans Fellowship to expand legal services and research in support of veterans at Stanford Law School. I received a 2015 Stanford Public Interest Law Fellowship to provide policy consulting services to the American Jobs Project at UC Berkeley. Through this program I provided local government policy recommendations to enable workforce development projects for the clean energy industry in targeted states. I served active duty in the military, 2006-2014. While on active duty, I organized numerous community service events, including: -English language tutoring for South Korean elementary school students, -School supply drive for low-income students in Las Vegas, Nevada, and -School and base renovation projects in San Angelo, Texas and Al Udeid Airbase, Qatar. These activities contributed to my recognition as Company Grade Officer of the Year/Quarter at multiple bases. While an undergraduate at Stanford (2002-2006), I was very active in community and campus activities including: -Stanford in Government fellowship to Sacramento-based open-government advocacy group, -Air Force ROTC (Cadet commander of 75 person unit), -Stanford ACLU Chapter (Co-founder, president), and -Dorm government (Treasurer, two years). Page 2 Planning & Transportation Commission Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, "No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual." The full code is attached. This consent form will not be redacted and will be attached to the Application and posted to the City's website. The full code can be read here: LINK Read the code, and check only ONE option below: f8J I give permission for the City of Palo Alto to post to the City's website the attached Board and Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR 0 I request that the City of Palo Alto redact my home address, phone numbers, and email address from the attached Board and Commission Application prior to posting to the City's website. I am providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: 0Home I 0 Office Phone: E-mail: . ,,f !:1..t; � Signature: ----'-fKl=:---...__,,..__ __ � ___________________ Date: r/ Page 5 Planning & Transportation Commission JOHN  W.  HAMILTON   322  College  Ave.  Apt.  D;  Palo  Alto,  CA  94306  ¥  (650)  353-­‐5771  ¥  john.hamilton@stanford.edu   Education      Stanford  Graduate  School  of  Business  Stanford,  CA  Master  of  Business  Administration  Candidate  2015-­‐2018    Stanford  Law  School  Stanford,  CA  Juris  Doctor  Candidate  2014-­‐2018   ¥ Stanford  Law  Veterans  Fellowship.  American  Jobs  Project  policy  consultant.  Pro  bono  legal  services.    Norwich  University  Northfield,  VT  Master  of  Arts  with  Honors,  Diplomacy  &  International  Conflict  Management  2009-­‐2012    Stanford  University  Stanford,  CA  Bachelor  of  Arts  with  Honors,  Public  Policy  2002-­‐2006    Experience      StartX,  Stanford-­‐StartX  Fund  Palo  Alto,  CA  Stanford-­‐affiliated  startup  accelerator  program  and  university-­‐backed  venture  fund.  Venture  Fund  Associate;  Business  Development  Associate  Spring  –  Summer  2015   ¥ Venture  capital  finance:  Enabled  $10  million  of  investments  in  30  StartX  companies  in  pre-­‐Seed  to  Series  B  rounds.  Sourced  deals  from  StartX  alumni  companies,  applied  investment  criteria,  presented  investments  to  lead  Limited  Partner,  and  analyzed  portfolio  performance.   ¥ Business  development:  Closed  resource  partnership  deal  with  Microsoft  valued  at  more  than  $10  million  per  year.    Secured  five  sponsorships  for  flagship  Demo  Day  event  on  short  notice.    Created  marketing  collateral  and  sourced  partnership  leads.   ¥ Legal:  Drafted  investment  agreement  contracts  and  advised  startups  on  intellectual  property,  contract  design,  and  fundraising  strategy.        U.S.  Air  Force  Middle  East,  Europe,  East  Asia,  United  States  Captain,  Intelligence  Officer,  USAF  Weapons  School  graduate  2006-­‐2014  Airborne  reconnaissance  and  targeting  expert.    Led  teams  of  up-­‐to  75  analysts  performing  worldwide  intelligence  operations.    Awarded  two  Air  Medals  for  leadership  during  Afghanistan  combat  missions.    Leadership:   ¥ Afghanistan  veteran  with  1,100  flight  hours.    Recognized  by  commanders  as  top  1%  of  peer  officers.     ¥ Led  intelligence  support  to  1,496  “drone”  missions  in  Afghanistan  and  Iraq;  delivered  real-­‐time  responsive  leadership  during  ongoing  combat  operations.    Hand-­‐selected  for  elite  assignments  and  leadership  training  programs.   ¥ Led  high-­‐visibility  deployment  to  remote  airfield  in  response  to  2012  Gaza  Crisis  and  Syria  Civil  War.    Analysis:   ¥ Authored  time-­‐sensitive  intelligence  reports  briefed  to  the  U.S.  President  and  Secretary  of  State.   ¥ Integrated  diverse  intelligence  sources  to  locate  terrorist  fighters  and  roadside  bombs  before  attack.   ¥ Led  unit’s  analysis  cell  during  Korean  war  exercises  and  trained  pilots  on  latest  North  Korean  threats.   ¥ Wrote  classified  thesis  that  directly  shaped  implementation  of  a  new  imagery  analysis  program.    Operations:   ¥ Developed,  implemented  new  procedures  to  improve  strike  accuracy  and  prevent  civilian  casualties.   ¥ Coordinated  81,000  hours  of  drone  ops,  ensuring  coverage  of  priority  targets  in  Iraq,  Afghanistan.       ¥ Fine-­‐tuned  flight  schedules  to  generate  4,500  additional  hours  of  collection  per  year  using  same  aircraft  and  flight  crews.    Additional    Lived  in  five  countries  on  three  continents;  traveled  to  48  U.S.  states;  loves  airplanes,  running,  and  ice  cream;  left-­‐handed.   Planning and Transportation Commission Personal Information Name: William Dale Ross Address: 2103 Amherst Street, Palo Alto, California 94306 Cell Phone: (415) 269-4569 0 Home I @:>ffice Phone: (650) 843-8080 E-mail: wross@lawross.com Are you a Palo Alto Resident? {8]ves QNo Do you have any relatives or members of your household who are employed by the City of �lo Al�ho are currently serving on the City Council, or who are Commissioners or Board Members? LJYes e9No Are you available and committed to complete the term applied for? [8] Yes 0 No California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest (Form 700). Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to: 1) engage in business with the City; 2) provide products or services for City projects; or 3) be affected by decisions of the board or commission you are applying for? Des {8] No Excluding your principal residence, do you own real property in Palo Alto? Oves (8] No How did you Learn about the vacancy on the Planning and Transportation Commission? Ocommunity Group D Email from City Clerk D Palo Alto Weekly Other: Other City residents OoailyPost Deity Website 0Flyer List relevant education, training, experience, certificates of training, licenses, or professional registration: Practicing attorney representing local governments and developers on issues of land use and environmental compliance. Have served as legal counsel to County Planning Commissions, City Planning Commissions. Have served as City Attorney for American Canyon since 1992 and advised and represented the cities of Gilroy, Los Altos, Soledad, San Gabriel, Monterey Park and Burbank on land use and CEQA matters as Special Counsel. I also served as a member of the City of Pasadena Planning Commission from 1991-1998 and its Chairman from 1986-1988. During that time several critical planning issues were formulated by the Commission and adopted by the City Council including a Master Development Plan for the California Institute of Technology. I have participated in numerous conferences by the California State Association of Counties, California Special Districts Association and various CLE extension courses concerning issues of land use and compliance with CEQA, the Brown Act and conflict of interest issues. Served on San Francisco Bay Conservation and Development Commission, 2000-2005. Page 1 Planning & Transportation Commission Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: I was a original and continuing member of the 2180 Task Force which made recommendations to the City Planning Director concerning the development of the JJ&F Parcel; I have continuously advised the College Terrace Residents Association on legal issues associated with land use, environmental review and have consulted with residents and business owners in the City with respect to issues of City governance and planning policies and decisions. I have supported the intercollegiate athletic program at Stanford through, among other things the formation and administration of non-profit public benefit corporations consistent with NCAA and Conference rules. Page2 Planning & Transportation Commission Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, "No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual." The full code is attached. This consent form will not be redacted and will be attached to the Application and posted to the City's website. The full code can be read here: LINK Read the code, and check only ONE option below: 18] I give permission for the City of Palo Alto to post to the City's website the attached Board and Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR 0 I request that the City of Palo Alto redact my home address, phone numbers, and email address from the attached Board and Commission Application prior to posting to the City's website. I am providing the following alternate information and request that they use the following contact information instead. Address: 2103 Amherst Street, Palo Alto, California 94306 Cell Phone: (415) 269-4569 0 Home I lg) Office Phone: ( 650) 843-8080 E-mail: wross@lawross.com a a a a I J .IJA' � ��� August31,2015 Signature: ___ f'V __ A�-----·-/_vv _'Z---____________ Date: ------ Page 5 Planning & Transportation Commission Planning and Transportation Commission Personal Information Name: Asher Waldfogel Address: 300 Santa Rita Ave Cell Phone: 650 224-2425 �Home I QJffice Phone:650 321-67 45 E-mail: Are you a Palo Alto Resident? �es QNo Do you have any relatives or members of your household who are employed by the City of�lo Al�ho are currently serving on the City Council, or who are Commissioners or Board Members? UYes L!.JNo Are you available and committed to complete the term applied for? �Yes D No California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest (Form 700). Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to: 1) engage in business with the City; 2) provide products or services for City projects; or 3) be affected by decisions of the board or commission you are applying for? Q'es 00 No Excluding your principal residence, do you own real property in Palo Alto? Dves �No How did you Learn about the vacancy on the Planning and Transportation Commission? Ocommunity Group l;><I Email from City Clerk D Palo Alto Weekly 0 Daily Post Deity Website 0Flyer Other: _______________________________ _ List relevant education, training, experience, certificates of training, licenses, or professional registration: 20 year tech innovator and entrepreneur. 6 years PA City commission experience and very familiar with City processes and budgets. Client for simple and complex residential development. Facilities and Finance committee member for multiple boards. Client and owner of most-published residential project in PA history. University of Minnesota, BA Philosophy Massachusetts Institute of Te chnology, SM Philosophy Page 1 Planning & Transportation Commission Employment Present or Last Employer: Self Employed Occupation: Technology Entrepreneur Describe your involvement in community activities, volunteer and civic organizations: PA Utilities Advisory Commission: 2008-2015 (2 x Vice Chair and Chair) PA Library Technology Advisory Commission: 2007-2015 California College of the Arts: 2009-present CCA Marketing Committee Chair 2012-2013 CCA Finance Committee Chair 2014-present CCA Adjunct Professor Business: 2008-2014 Zoolabs (music incubator): 2013-present Nexleaf (global health): 2013-present SFMoma Architecture & Design Acquisition Committee: 2010-present Castilleja School Board: 2012-2015 Page 2 Planning & Transportation Commission Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, "No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual." The full code is attached. This consent form will not be redacted and will be attached to the Application and posted to the City's website. The full code can be read here: LINK Read the code, and check only ONE option below: {!) I give permission for the City of Palo Alto to post to the City's website the attached Board and Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR D I request that the City of Palo Alto redact my home address, phone numbers, and email address from the attached Board and Commission Application prior to posting to the City's website. I am providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: QHome I 0 Office Phone: E-mail: f Signarure � tJ/!i� Date: 2G A-11q 2o/S- Page 5 Planning & Transportation Commission CITY OF PALO ALTO OFFICE OF THE CITY CLERK October 26, 2015 The Honorable City Council Palo Alto, California Approval of Action Minutes for the May 18, 2015, May 26, 2015, May 27, 2015, June 1, 2015, and June 8, 2015 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS:  Attachment A: 05-18-15 DRAFT ACTION Minutes (DOC)  Attachment B: 05-26-15 DRAFT ACTION minutes (DOC)  Attachment C: 05-27-15 DRAFT ACTION Minutes (DOCX)  Attachment D: 06-01-15 DRAFT ACTION Minutes (DOC)  Attachment E: 06-08-15 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 18, 2015 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:34 P.M. Present: Berman, Burt, DuBois, Filseth arrived at 5:56 P.M., Holman, Kniss, Scharff, Schmid, Wolbach Absent: Special Orders of the Day 1. Proclamation Recognizing City of Palo Alto Fire Department Paramedic 40th Anniversary and National Emergency Medical Services Week May 17-23, 2015. 2. Selection of Applicants to Interview on June 4, 2015 for the Architectural Review Board. MOTION: Council Member Scharff moved, seconded by Council Member Kniss to interview all applicants for the Architectural Review Board on June 4, 2015. MOTION PASSED: 8-0 Filseth absent Agenda Changes, Additions and Deletions MOTION: Council Member Burt moved, seconded by Vice Mayor Schmid to continue Agenda Item Number 12- PUBLIC HEARING: to Hear Objections to the Levy of Proposed Assessments on the Palo Alto Downtown Business Improvement District and Adoption of a Resolution Confirming the Report of the Advisory Board and Levying Assessment for Fiscal Year 2016 on the Downtown Palo Alto Business Improvement District to June 29, 2015 at 6:00 p.m. or thereafter. DRAFT ACTION MINUTES Page 2 of 11 City Council Meeting Action Minutes: 5/18/2015 MOTION PASSED: 8-0 Filseth absent Consent Calendar MOTION: Council Member DuBois moved, seconded by Council Member Berman, third by Council Member Wolbach to pull Agenda Item Number 8- Finance Committee Recommendation that Council: (1) Add a 25-Year Contract Term Option in Addition to the Palo Alto Clean Local Energy Accessible Now (CLEAN) Program’s Existing 20-Year Contract Term Option; (2) Continue the CLEAN Program for Solar Resources at a Contract Price Reduced from 16.5¢/kWh to the Avoided Cost of the Solar Energy Generated (10.3 ¢/kWh to 10.4 ¢/kWh) with a Program Cap of 3 Megawatts; and (3) Expand the CLEAN Program's Eligibility to Non-Solar Renewable Energy Resources with a Program Cap of 3 Megawatts at a Contract Price Equal to the Avoided Cost of the Non-Solar Energy Generated (9.3 ¢/kWh to 9.4 ¢/kWh) to be heard on May 27, 2015. MOTION PASSED: 9-0 MOTION: Vice Mayor Schmid moved, seconded by Council Member Wolbach to approve Agenda Item Numbers 3-7, 9-10. 3. Approval of Final Payment and Withheld Retention in a Combined Total Amount of $232,137 to Republic Intelligent Transport Services, Inc. (a Siemens Company) for Work Performed No. C12143538 for Phase II of the LED Light Conversion Project (EL-10009) and Adoption of a Budget Amendment Ordinance 5327 Entitled, “Budget Amendment Ordinance of the Council of the City of Palo Alto for Fiscal Year 2015 in the Amount of $184,510 Offset with a Reduction in the Electric Fund Distribution Reserve.” 4. Approve and Authorize the City Manager or Designee to Execute the Following Seven Third-Party Energy Efficiency Program Contracts in a Combined Not to Exceed Amount of $6,625,000 and a Term for each through June 30, 2018: (1) CLEAResult Consulting, Inc., No. C15159135 in an Amount Not to Exceed $910,000; (2) Eagle Systems International, Inc. DBA Synergy Companies, No. C15159126 in an Amount Not to Exceed $540,000; (3) Eagle Systems International, Inc. DBA Synergy Companies, No. C15159125 in an Amount Not to Exceed $450,000; (4) Ecology Action of Santa Cruz, No. C15159124 in an Amount Not to Exceed $1,950,000; and the Following Three Contracts With a Shared Total Not to Exceed Amount of $2,775,000 DRAFT ACTION MINUTES Page 3 of 11 City Council Meeting Action Minutes: 5/18/2015 (5) Ecology Action of Santa Cruz, No. C15155144A, (6) Enovity, Inc., No. C15155144B, and (7) BASE Energy, Inc., No. C15155144C. 5. Resolution 9510 Entitled, “Resolution of the Council of the City of Palo Alto Modifying the Electric Special Project Reserve Guidelines.” 6. Adoption of the User Fee Cost Recovery Level Policy. 7. Approval of Contract No. C1515321 with FOG Studio in the Amount of $97,900 for Design Services for the Baylands Interpretive Center Improvements Project PE-15029. 8. Finance Committee Recommendation that Council: (1) Add a 25-Year Contract Term Option in Addition to the Palo Alto Clean Local Energy Accessible Now (CLEAN) Program’s Existing 20-Year Contract Term Option; (2) Continue the CLEAN Program for Solar Resources at a Contract Price Reduced from 16.5¢/kWh to the Avoided Cost of the Solar Energy Generated (10.3 ¢/kWh to 10.4 ¢/kWh) with a Program Cap of 3 Megawatts; and (3) Expand the CLEAN Program's Eligibility to Non-Solar Renewable Energy Resources with a Program Cap of 3 Megawatts at a Contract Price Equal to the Avoided Cost of the Non- Solar Energy Generated (9.3 ¢/kWh to 9.4 ¢/kWh). 9. Resolution 9511 Entitled, “Resolution of the Council of the City of Palo Alto Authorizing Overtime and Portal to Portal Pay for Deployments Away from the City for the Palo Alto Fire Department.” 10. Request for Authorization to Increase Existing Contract with Newdorf Legal by an Additional $55,000 for a Total Contract Not to Exceed Amount of $160,000 for Legal Services Related to Litigation Matters. MOTION FOR AGENDA ITEM NUMBERS 3-7, 9-10 PASSED: 9-0 Action Items 11. Approval of a Construction Contract with Express Sign & Neon, Inc. for a Not to Exceed Amount of $327,558 for the Wayfinding Portion of the City Hall Remodel Project PE-12017 (Continued from April 13, 2015). MOTION: Council Member DuBois moved, seconded by Council Member Filseth to approve the contract and authorize the City Manager or his DRAFT ACTION MINUTES Page 4 of 11 City Council Meeting Action Minutes: 5/18/2015 designee to execute deductive change orders and to delete the following elements: A. Eliminate the planned “POLICE” podium sign; and B. Eliminate the planned “CITY HALL” podium sign; and C. Eliminate renaming of garage levels from A, B and C, with a total cost saving of at least $125,000. Motion separated for the purpose of voting. AMENDMENT: Council Member Burt moved, seconded by Council Member XX to replace in the Motion: i. Part A, “Eliminate the planned “POLICE” podium sign” with “Eliminate the podium and attach the “POLICE” sign to the building”; and ii. Part B, “Eliminate the planned “CITY HALL” podium sign” with “Eliminate the podium and attach the “CITY HALL” sign to the building.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion at the end of Part A, “retain existing stairway sign.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part B, “Eliminate the planned “CITY HALL” podium sign” with “Eliminate the podium and attach the “CITY HALL” sign to the building.” MOTION PART A RESTATED: Eliminate the planned “POLICE” podium sign and retain existing stairway sign. MOTION PART A FAILED: 3-5 DuBois, Filseth, Schmid, yes, Scharff not participating. MOTION PART B RESTATED: Attach the planned “CITY HALL” sign to the building and modify the planned monument sign at Hamilton Avenue/Bryant Street to include “CITY HALL” text. DRAFT ACTION MINUTES Page 5 of 11 City Council Meeting Action Minutes: 5/18/2015 AMENDMENT B PASSED: 6-2 Holman, Kniss no, Scharff not participating MOTION PART C RESTATED: Eliminate renaming of garage levels from A, B and C. AMENDMENT C PASSED: 7-1 Berman no, Scharff not participating MOTION AS AMENDED PASSED: 8-0 Scharff not participating 12. PUBLIC HEARING: to Hear Objections to the Levy of Proposed Assessments on the Palo Alto Downtown Business Improvement District and Adoption of a Resolution Confirming the Report of the Advisory Board and Levying Assessment for Fiscal Year 2016 on the Downtown Palo Alto Business Improvement District. 13. Discussion and Direction Regarding a Possible Ordinance to Limit Formula Retail and Other Land Uses to Preserve Ground Floor Retail Along Commercial Areas on California Avenue and Some Intersecting Streets. Council Member Kniss recused herself because her family owns property that may or may not put her in a conflict with this Agenda Item. Council Member Kniss left the meeting at 7:29 P.M. MOTION: Mayor Holman moved, seconded by Council Member Wolbach to direct Staff to prepare a draft Ordinance to be reviewed for recommendation by the Planning and Transportation Commission (PTC) with the following considerations included: A. Expanding the ground floor protections to include both sides of Cambridge Avenue, lanes between California Avenue and Cambridge Avenue, El Camino Real from Page Mill Road to Stanford Avenue, extending Park Boulevard south and any other locations as found to be feasible and desirable; and B. Linkages from the California Avenue area to the Fry’s Electronics site; and C. Limiting formula retail; and DRAFT ACTION MINUTES Page 6 of 11 City Council Meeting Action Minutes: 5/18/2015 D. Addressing the permanency of Conditional Use Permits; and E. Limiting restaurants on California Avenue to the current percentage; and independently, also to any extended ground floor district; and F. Limiting the number of hair & nail salons on California Avenue; and G. Consider limiting number of financial institutions on California Avenue; and H. Adding the word “predominantly” and “generally open to the public” to the definition of Retail Service consistent with the Retail Urgency Ordinance; and I. Limiting new development, rehabilitations (off El Camino Real) to respect the historical pattern of narrow store fronts and square footages that tend to support smaller, local independent businesses; and J. Requiring that any demolition and major rehabilitation be required to conform to ground floor retail requirements; and K. Prohibiting opaque windows at the ground floor in ground floor protected areas for any use, including existing uses; and L. Any other such matter that the Planning and Transportation Commission finds beneficial to retail quality and retention; and M. If any of the resulting recommendations require additional research, Staff is to return to the Council with an Interim Ordinance implementing those items that do not result in delay. AMENDMENT: Council Member Wolbach moved, seconded by Council Member Berman to add to the Motion at the beginning of Part E, “consider.” AMENDMENT RESTATED: Council Member Wolbach moved, seconded by Council Member Berman to replace in the Motion Part E, “Limiting restaurants on California Avenue to the current percentage and, independently, also to any extended ground floor district” with “consider limiting restaurants on California Avenue.” DRAFT ACTION MINUTES Page 7 of 11 City Council Meeting Action Minutes: 5/18/2015 AMENDMENT RESTATED: Council Member Wolbach moved, seconded by Council Member Berman to replace in the Motion Part E, “limiting restaurants on California Avenue to the current percentage; and independently, also to any extended ground floor district” with “looking at an appropriate limiting of restaurants on California Avenue.” AMENDMENT PASSED: 7-1 Holman no, Kniss absent AMENDMENT: Council Member Wolbach moved, seconded by Council Member Scharff to add to the Motion, “analyze and if necessary propose changes to parking requirements to bring eating and drinking establishment parking requirements in line with other retail establishments.” AMENDMENT TO THE AMENDMENT INCORPORATED WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Amendment, “to bring eating and drinking establishment parking requirements in line with other retail establishments” with “commensurate with parking demands of restaurant use.” AMENDMENT AS AMENDED PASSED: 7-1 Filseth no, Kniss absent INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “for the California Avenue area” after “draft Ordinance.” AMENDMENT: Council Member DuBois moved, seconded by Council Member XX to add to the Motion Part A, “consideration of California Avenue side of California Avenue” before “other locations.” AMENDMENT WITHDRAWN BY THE MAKER AMENDMENT: Council Member DuBois moved, seconded by Council Member XX to add to the Motion, “limit other retail users to no more than a defined percentage of the California Avenue district.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “limit other retail users to no more than a defined percentage on California Avenue.” DRAFT ACTION MINUTES Page 8 of 11 City Council Meeting Action Minutes: 5/18/2015 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “clarify that we do not want parking transferring from restaurant use to office use.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER removed from the Motion Part A, "El Camino Real from Page Mill Road to Stanford Avenue.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part A, “to Grant Avenue” after “Boulevard south." INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion Part B, “linkages from the California Avenue area to the Fry’s Electronics site.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part J, “any demolition" with “any construction resulting from demolition." AMENDMENT: Council Member DuBois moved, seconded by Council Member Scharff to add to the Motion “as a separate consideration, update Municipal Code Section 18.16.050.” AMENDMENT PASSED: 8-0 Kniss absent INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion at the end of Part L, "(excluding medical uses)." INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, "Direct Staff to analyze and return to Council with mechanisms to make non-conforming uses conforming on California Avenue." INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part J, “requiring” with “prioritize the requirement.” AMENDMENT: Council Member Scharff moved, seconded by Council Member Filseth to remove “Limiting new development, rehabilitations (off El DRAFT ACTION MINUTES Page 9 of 11 City Council Meeting Action Minutes: 5/18/2015 Camino Real) to respect the historical pattern, where it exists, of narrow store fronts and square footages that tend to support smaller, local independent businesses.” AMENDMENT PASSED: 5-3 Burt, DuBois, Holman no, Kniss absent INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion at the end of Part B, “on California Avenue.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the end of "p" "and to do so on a less urgent basis than the above directives." MOTION AS AMENDED PASSED: 8-0 Kniss absent 14. Composition and Purpose of an Advisory Committee for the Comprehensive Plan Update. MOTION: Council Member DuBois moved, seconded by Council Member Scharff to: 1. Approve the formation of a Citizens’ Advisory Committee (CAC) representing diverse interests to assist with the Comprehensive Plan Update; and 2. Direct the City Manager to solicit applications and appoint members of the Committee consistent with purpose and parameters recommended by Staff with additional requirements: A. Must be Palo Alto resident; and B. Consideration for parents at a variety of schools and levels of education; and C. Individuals representing a wide variety of neighborhoods; and D. Add expertise in Historic Resources; and E. Add retail business owner; and DRAFT ACTION MINUTES Page 10 of 11 City Council Meeting Action Minutes: 5/18/2015 F. Favor participants that fit more than one interest / area of expertise; 3. CAC will work on policies and programs according to Comprehensive Plan Vision Statements and Goals set by City Council. Staff is directed to bring topics to CAC and then to Council ideally within a month of each other to keep the groups in sync. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part 3, “CAC will work on policies and programs according to Comprehensive Plan Vision Statements and Goals set by City Council” with “The Council will address critical issues, choices, options, and measures and provide guidance to the CAC who will work on policies and programs according to the Comprehensive Plan vision statement and goal guidance by the Council.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part 3, “ideally” with “approximately.” AMENDMENT: Council Member Wolbach moved, seconded by Council Member Scharff to remove from the Motion Part 3, “and direct Staff to bring topics to CAC and then to Council approximately within a month of each other to keep the groups in sync.” AMENDMENT FAILED: 3-5 Berman, Scharff, Wolbach yes, Kniss absent INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part A, “must be Palo Alto resident” with "voting members must be Palo Alto residents." AMENDMENT: Council Member Berman moved, seconded by Council Member Wolbach to add to the Motion at the beginning of Part A, “all but two.” AMENDMENT FAILED: 3-5 Berman, Scharff, Wolbach no, Kniss absent AMENDMENT: Mayor Holman moved, seconded by Council Member DuBois to add to the Motion, “expand Natural Resources Conservation category to include expertise in open space and habitat.” DRAFT ACTION MINUTES Page 11 of 11 City Council Meeting Action Minutes: 5/18/2015 AMENDMENT PASSED: 5-3 Berman, Scharff, Wolbach no, Kniss absent MOTION AS AMENDED PASSED: 8-0 Kniss absent Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements None. Adjournment: The meeting was adjourned at 11:46 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 2 Special Meeting May 26, 2015 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:07 P.M. Present: Berman, Burt, DuBois, Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Absent: Action Items 1. Adoption of Findings and Final Decision in the Matter of the Appeal by the Buena Vista Mobilehome Park Residents Association of the Hearing Officer’s Decision Approving the Application for Closure of the Buena Vista Mobilehome Park and Establishing Mitigation Measures and Additional Conditions of Approval. MOTION: Council Member Scharff moved, seconded by Council Member Kniss to approve the application to close the Buena Vista Mobilehome Park and adopt the modified Findings and Final Decision, including the modification to the section on Market Survey of Average Apartment Rents to clarify that the use of 2-bedroom comparables applies to Buena Vista units with more than three residents, and the addition of a peer reviewer for the appraisal of Buena Vista units; and A. Staff is to choose the peer review appraiser; and B. In the Findings, under the heading: Limited Supplemental Review by Hearing Officer: i. In the first sentence maintain, “Within 30 days of receiving”; and ii. In the second sentence maintain, “shall have 15 days to rebut”; and DRAFT ACTION MINUTES Page 2 of 2 City Council Meeting Action Minutes: 5/26/2015 C. In the Findings, under the heading: Approval of Closure Application: i. After the last sentence, add “The time within which judicial review must be sought is governed by California Code of Civil Procedure Section 1094.6.” MOTION PASSED: 9-0 Adjournment: The meeting was adjourned at 6:54 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 4 Special Meeting May 27, 2015 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:37 P.M. Present: Berman arrived at 7:12 P.M., Burt, DuBois arrived at 8:17 P.M., Filseth, Holman, Scharff arrived at 7:57 P.M., Schmid, Wolbach Absent: Kniss Palo Alto Youth Council: Present: Aspegren, Cheng, Chiu, Hristov, Ji, Kemp, Ben Owens, Bryant Owens, Pujji, Saini, Sales, Sharma, Xie, Yu, Bahl, Keyani, Olmstead, Phan, Wang Absent: Krawczyk Public Art Commission: Present: Beard Ross, Gordon, Migdal, Miyaji, Taylor, Zelkha Absent: Olmsted Silverstein Study Session 1. Joint Study Session with the Palo Alto Youth Council. 2. Joint Study Session with the Public Art Commission. Special Orders of the Day 3. Appointment of Candidates to the Human Relations Commission. First Round of voting for three positions on the Human Relations Commission with terms ending April 30, 2018: Voting For Theresa Chen: Berman, Burt, DuBois, Holman, Scharff, Schmid, Wolbach Voting For Anita Gat: Burt DRAFT ACTION MINUTES Page 2 of 4 City Council Meeting Action Minutes: 5/27/15 Voting For Shelly Gordon Gray: DuBois, Holman Voting For Diane Morin: Berman, Scharff, Wolbach Voting For Sea Reddy: Voting For Valerie Stinger: Berman, Burt, Filseth, Holman, Scharff, Schmid, Wolbach Voting For Mark Weiss: DuBois, Schmid Beth Minor, City Clerk announced that Theresa Chen with seven votes and Valerie Stinger with seven votes have both been appointed to the Human Relations Commission. Second Round of voting for one position on the Human Relations Commission with a term ending April 30, 2018: Council Member Filseth abstained. Voting For Shelly Gordon Gray: Burt, DuBois, Holman, Schmid Voting For Diane Morin: Berman, Scharff, Wolbach Ms. Minor advised that no candidate received the required five votes. Third Round of voting for one position on the Human Relations Commission with a term ending April 30, 2018: Council Member Filseth abstained. Voting For Shelly Gordon Gray: Burt, DuBois, Holman, Schmid, Wolbach Voting For Diane Morin: Berman, Scharff Ms. Minor announced that Shelley Gordon Gray with five votes has been appointed to the Human Relations Commission. Action Items 4. Resolution 9512 Entitled, “Resolution of the Council of the City of Palo Alto for the Finance Committee Recommendation that Council: (1) Add a 25-Year Contract Term Option in Addition to the Palo Alto Clean Local Energy Accessible Now (CLEAN) Program’s Existing 20-Year Contract Term Option; (2) Continue the CLEAN Program for Solar Resources at a Contract Price Reduced from 16.5¢/kWh to the Avoided Cost of the Solar Energy Generated (10.3 ¢/kWh to 10.4 ¢/kWh) with DRAFT ACTION MINUTES Page 3 of 4 City Council Meeting Action Minutes: 5/27/15 a Program Cap of 3 Megawatts; and (3) Expand the CLEAN Program's Eligibility to Non-Solar Renewable Energy Resources with a Program Cap of 3 Megawatts at a Contract Price Equal to the Avoided Cost of the Non-Solar Energy Generated (9.3 ¢/kWh to 9.4 ¢/kWh) (Continued from May 18, 2015).” MOTION: Council Member Burt moved, seconded by Council Member DuBois to: A. Adopt a Resolution to make the following changes and amend the CLEAN Program Eligibility Rules and Regulations accordingly: i. Add a 25-Year Contract Term Option in Addition to the CLEAN Program’s Existing 20-Year Contract Term Option; and ii. Continue the program for solar at the cost of 16.5 ¢/kWh for 3 MW as previously approved by the Council; and iii. Expand the CLEAN Program to allow non-solar eligible renewable energy resources to participate, and offer such resources as contract price equal to their avoided cost of 9.3 cents per kilowatt-hour (¢/kWh) for a 20-year contract, and 9.4 ¢/kWh for a 25-year contract term, with a program limit of 3 MW; and iv. Council will review a gradual reduction in the future rates of the CLEAN program; Staff will return to the Finance Committee with a recommended, graduated rate reduction plan for subsequent tranches; and B. To direct lease income on City owned garages from the CLEAN program to Utilities to offset costs of the program to electric rate payers. AMENDMENT: Council Member Scharff moved, seconded by Vice Mayor Schmid to replace in the Motion Part A Subsections (ii) and (iii), “3 MW” with “2 MW.” AMENDMENT FAILED: 4-4 Filseth, Holman, Scharff, Schmid yes, Kniss absent MOTION PASSED: 6-2 Filseth, Scharff no, Kniss absent MOTION: Council Member Burt moved, seconded by Council Member Wolbach to approve the amended CLEAN Program Power Purchase Agreement (PPA) to implement the recommended changes to the CLEAN Program and delegate authority to the City Manager to make any such additional changes as are approved by the City Attorney’s Office, and are otherwise necessary to implement any of the recommended changes identified in this Staff Report that are approved by Council or are otherwise necessary to implement Council’s action on this item. DRAFT ACTION MINUTES Page 4 of 4 City Council Meeting Action Minutes: 5/27/15 MOTION PASSED: 8-0 Kniss absent Adjournment: The meeting was adjourned at 10:48 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Regular Meeting June 1, 2015 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:07 P.M. Present: Berman, Burt, DuBois arrived at 9:22 P.M., Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Absent: Study Session 1. Discussion of the City of Palo Alto 2014 Performance Report, National Citizen Survey™, and Citizen Centric Report. Special Orders of the Day 2. Presentation by Matt Schlegel Regarding His Running in the Tsuchiura, Japan Marathon. Agenda Changes, Additions and Deletions None. Consent Calendar MOTION: Council Member Kniss moved, seconded by Council Member Berman to approve Agenda Item Numbers 3-7 with inclusion of At-Place Memorandum changes to Agenda Item Number 5- Approval of a Settlement Agreement With Palo Alto Police Officers’ Association (PAPOA) Regarding Retirement Medical Benefits; Adoption of Resolution Amending the Memorandum of Understanding Between the City and PAPOA; Adoption of Resolution Fixing the Employer Contribution Under the Public Employees Medical and Hospital Care Act. DRAFT ACTION MINUTES Page 2 of 5 City Council Meeting Action Minutes: 6/1/15 3. Approval of First Amendment to Contract No. S15157589, With Khalid Salman A Mohammed for the Support and Maintenance of SAP Payroll and Human Capital Management (HCM) Modules to Add $116,000 for a Total Amount Not to Exceed $200,000. 4. Request Approval of Authorization of Indemnity Agreement With Santa Clara Stadium Authority to Allow Provision of Requested Law Enforcement Services to Levi’s Stadium Relating to Super Bowl 50 to be Held at Levi’s Stadium on February 7, 2016. 5. Approval of a Settlement Agreement With Palo Alto Police Officers’ Association (PAPOA) Regarding Retirement Medical Benefits; Adoption of Resolution 9513 Entitled, “Resolution of the Council of the City of Palo Alto Amending the Memorandum of Understanding Between the City and PAPOA;” and Adoption of Resolution 9514 Entitled, “Resolution of the Council of the City of Palo Alto Fixing the Employer Contribution Under the Public Employees Medical and Hospital Care Act.” 6. Approval of an Amendment to Contract No. C12141854 With the City of Inglewood for Handling, Processing, and Collections of Parking Citations and Fees. 7. Resolution 9515 Entitled, “Resolution of the Council of the City of Palo Alto Fixing the Employer’s Contribution Under the Public Employees Medical and Hospital Care Act (PEMHCA) With Respect to Non-CalPERS Elected Council Members.” MOTION PASSED: 8-0 DuBois absent Action Items 8. PUBLIC HEARING: Approval of a Record of Land Use Action (RLUA) to Allow the Demolition of an Existing 10,800 sq. ft. Two-Story Mid- Century Modern Office Building and Construction of a New 24,466 sq. ft. Three-Story Office Building for an Increase of 13,666 Net New sq. ft. The New Building Would Have One Level of Below Grade Parking and a Roof Terrace and is Located in the Community Commercial (CC(2)) Zone District at 2555 Park Boulevard. The Requested Action Includes Approval of Architectural Review and Approval of a Design Enhancement Exception Request to Allow Two Stair Towers and a Roof Top Canopy Structure to Exceed the Height Limit by Ten and Thirteen DRAFT ACTION MINUTES Page 3 of 5 City Council Meeting Action Minutes: 6/1/15 Feet Respectively; Adoption of a Resolution 9516 Entitled, “Resolution of the Council of the City of Palo Alto Certifying the Final Environmental Impact Report (EIR) and a Statement of Overriding Considerations. The Planning and Transportation Commission Has Recommended Approval of the EIR. Environmental Impact Assessment: Certification of an Environmental Impact Report and Statement of Overriding Considerations. Public Hearing opened at: 8:34 P.M. Public Hearing closed at: 10:19 P.M. MOTION: Council Member Scharff moved, seconded by Council Member Kniss to continue Agenda Item Number 9- Discussion and Direction to Staff Regarding Establishment of an Office/R&D Annual Growth Limit Applicable to Downtown, the California Avenue Area, and the El Camino Corridor on an Interim Basis to a date certain. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion, “to a date certain” with “June 15, 2015 as the first Action Agenda Item.” MOTION AS AMENDED PASSED: 9-0 MOTION: Council Member Filseth moved, seconded by Council Member Kniss to deny the Design Enhancement Exception (DEE). MOTION WITHDRAWN BY THE MAKER MOTION: Council Member Filseth moved, seconded by Council Member Kniss to deny the Design Enhancement Exception (DEE). MOTION PASSED: 8-0 DuBois abstaining MOTION: Council Member Scharff moved, seconded by Council Member Berman to Certify the Final Environmental Impact Report and Adopt a Resolution of Statement of Overriding Considerations a project specific Mitigation Monitoring and Reporting Program. DRAFT ACTION MINUTES Page 4 of 5 City Council Meeting Action Minutes: 6/1/15 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “Amend the Statement of Overriding Considerations to include: 1. First bullet: ‘Development of a new office building on the site supports related planning initiative such as Pedestrian Transit- Oriented Development overlay and Bicycle and Pedestrian Transportation Plan’; and 2. Second bullet: ‘Replace the existing office building at the 2555 Park Boulevard site with a modern building that meets current standards for structural design’; and 3. Fifth bullet: ‘Creating a pedestrian and bicycle friendly street frontage with wide sidewalks and amenities.’” MOTION AS AMENDED PASSED: 6-2 Schmid, Holman no, DuBois abstaining MOTION: Council Member Wolbach moved, seconded by Council Member Scharff to: A. Adopt a Record of Land Use Action approving the Architectural Review application for a new office building for the property located at 2555 Park Boulevard, with the following amendment: 1. Add a condition of approval Selecting Parking Option Number Two – the applicant shall be required to submit a Transportation Demand Management (TDM) plan including the provision of Caltrain Go Passes to all building occupants annually for the life of the building/occupancy. MOTION PASSED: 8-0 DuBois abstaining MOTION: Council Member Burt moved, seconded by Council Member Scharff to add a condition of approval: Direct Staff to review the site line exiting Grant Avenue onto Park Boulevard to ensure adequate bicycle and vehicular safety. MOTION PASSED: 8-0 DuBois abstaining DRAFT ACTION MINUTES Page 5 of 5 City Council Meeting Action Minutes: 6/1/15 MOTION: Council Member Burt moved, seconded by Council Member Wolbach to add a condition of approval: Direct Staff to Review the daylight impact on the single family home adjacent to 2555 Park Boulevard with the Planning and Community Environment Director, who will have discretion to consult with a subcommittee of the Architectural Review Board or the Architectural Review Board for review. MOTION PASSED: 8-0 DuBois abstaining MOTION: Mayor Holman moved, seconded by Council Member Burt to add a condition of approval: Require the two break rooms combined square footage to remain as amenity space for the life of the project. MOTION PASSED: 8-0 DuBois abstaining 9. Discussion and Direction to Staff Regarding Establishment of an Office/R&D Annual Growth Limit Applicable to Downtown, the California Avenue Area, and the El Camino Corridor on an Interim Basis Council Member Questions, Comments and Announcements Council Member Burt reported his attendance at the Caltrain Local Policy Maker Group meeting. Information from the meeting will be distributed to Council Members. Council Member Kniss advised that the Bay Area Air Quality Management District has released several air quality reports pertaining to wood smoke, tar sands, and other topics. Adjournment: The meeting was adjourned in memory of Ewing Bettles at 12:24 A.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 8 Regular Meeting June 8, 2015 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:08 P.M. Present: Berman, Burt, DuBois, Holman arrived at 6:28 P.M., Kniss, Scharff, Schmid, Wolbach Absent: Filseth Consent Calendar MOTION: Council Member Scharff moved, seconded by Council Member Berman to approve Agenda Item Numbers 1-3. 1. Finance Committee Recommendation to Accept the Police Department: Palo Alto Animal Services Audit. 2. Approval of Amendment Three to Contract Number S13149754 With Renne Sloan Holtzman Sakai LLP Public Law Group to Add $36,000 for a Total Amount Not to Exceed $216,000 for Labor Negotiations Services and Extend the Contract Term by Six Months. 3. Approval of the 2015 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) to Provide Reduced Flood Insurance Premiums for Palo Alto Residents and Businesses Through the National Flood Insurance Program’s Community Rating System (CRS). MOTION PASSED: 7-0 Filseth, Holman absent Special Orders of the Day 4. Appointment of One Candidate to the Architectural Review Board for One Unexpired Term Ending December 15, 2017. DRAFT ACTION MINUTES Page 2 of 8 City Council Meeting Draft Action Minutes: 6/8/15 First Round of voting for one position on the Architectural Review Board with a term ending December 15, 2017: Voting For Peter Baltay: DuBois, Schmid Voting For Wynne Furth: Berman, Burt, Holman, Kniss, Scharff, Wolbach Voting For Kenneth Huo: Voting For Flore Schmidt: Beth Minor, City Clerk announced that Wynne Furth with six votes was appointed to the Architectural Review Board for one unexpired term ending December 15, 2017. Action Items 5. PUBLIC HEARING: Staff Recommendation that the City Council Adopt a Resolution Amending Rate Schedules W-1 (General Residential Water Service), W-2 (Water Service from Fire Hydrants), W-3 (Fire Service Connections), W-4 (Residential Master-Metered and General Non- Residential Water Service), and W-7 (Non-Residential Irrigation Water Service) to Increase Average Water Rates by 8 Percent. Public Hearing opened at 6:28 P.M. MOTION: Council Member Scharff moved, seconded by Vice Mayor Schmid to tentatively adopt a Resolution Amending Rate Schedules W-1 (General Residential Water Service), W-2 (Water Service from Fire Hydrants), W-3 (Fire Service Connections), W-4 (Residential Master-Metered and General Non-Residential Water Service), and W-7 (Non-Residential Irrigation Water Service) to increase average water rates by eight percent. MOTION PASSED: 8-0 Filseth absent 6. PUBLIC HEARING AND PROPOSITION 218 HEARING: Adoption of Budget Amendment Ordinance for Fiscal Year 2016, Including Adoption of Operating and Capital Budgets and Municipal Fee Schedule; Adoption of Five Resolutions, Including: Adopting a Dark Fiber Rate Increase of 2.7 Percent and Amending Utility Rate Schedules EDF-1 DRAFT ACTION MINUTES Page 3 of 8 City Council Meeting Draft Action Minutes: 6/8/15 and EDF-2; Amending Utility Rate Schedule D-1 (Storm and Surface Water Drainage) to Increase Storm Drain Rates by 2.7 Percent Per Month Per Equivalent Residential Unit for Fiscal Year 2016; Adopting a Wastewater Collection Fee Increase of 9.0 Percent and Amending Utility Rate Schedules S-1, S-2, S-6, and S-7; Adopting a Refuse Rate Increase of 9.0 Percent Per Month Per Equivalent Residential Unit for Fiscal Year 2016 and Amending the Utility Rate Schedule R-1; Amending the Salary Schedule Attached to the 2014-2016 Compensation Plan for Management and Professional Employees, as Amended by Resolution No. 9053 to Add One New Position and Change the Title of Two Positions; Amending the 2013-15 Memorandum of Agreement Service Employees International Union (SEIU), Adopted by Resolution No. 9398 to Add One Position and Correct the Salary of One Position; and Amending the Terms for the Utility Management Professional Association, as Amended by Resolution Nos. 9492 & 9503 to Correct the Salary for One Position and Add Two New Positions; and Refer to the Finance Committee a Discussion of Changes to the Public Art Ordinance to Simplify the Calculation of the Public Art Fee and a Discussion of Usage and Replacement of Pool Vehicles. Public Hearing opened at 7:31 P.M. Council Member DuBois advised he would not be participating in the budget as it related to Stanford University because his wife is employed by Stanford University. MOTION: Council Member Kniss moved, seconded by Council Member Scharff to tentatively approve the Police and Fire CIP Budgets related to Stanford University. MOTION PASSED: 7-0 DuBois not participating, Filseth absent Vice Mayor Schmid advised he would not be participating in the budget as it related to Single-Story Overlay (SSO) applications because he lives in a neighborhood that is considering an application for an SSO. Council Member Wolbach advised he would not be participating in the budget as it related to Single-Story Overlay (SSO) applications because he lives in a neighborhood that is considering an application for an SSO. MOTION: Council Member DuBois moved, seconded by Mayor Holman to: DRAFT ACTION MINUTES Page 4 of 8 City Council Meeting Draft Action Minutes: 6/8/15 1. Direct Staff to evaluate capping the fee for Single-Story Overlays (SSO) at $2,000 from residents per application for Fiscal Year 2016, bringing that to the Finance Committee before break; and 2. Direct the Policy and Services Committee to consider a new process and appropriate fee structure to allow neighborhoods to bring forth neighborhood conservation and preservation overlay zoning changes to preserve neighborhood character, which may include zoning overlays that include second stories. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part 1, “bringing that to the Finance Committee before break” with “to return to City Council on June 29, 2015 for further discussion.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion Part 1, “at $2,000.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part 1, “bringing that to the Finance Committee before break for further discussion” with “agenda as an action item that will consider referral of policy matters.” Motion separated for the purpose of voting. MOTION PART 1 AS AMENDED PASSED: 6-0 Schmid, Wolbach not participating, Filseth absent SUBSTITUTE MOTION: Council Member Scharff moved, seconded by Council Member Berman to direct Staff to place on the June 29, 2015 agenda an Action item that would consider referral of policy matters that relate to SSO. SUBSTITUTE MOTION FAILED: 2-4 Berman, Scharff yes, Schmid, Wolbach not participating, Filseth absent MOTION PART 2 PASSED: 5-1 Kniss no, Schmid, Wolbach not participating, Filseth absent Council took a break at 9:37 P.M. and returned at 9:45 P.M. DRAFT ACTION MINUTES Page 5 of 8 City Council Meeting Draft Action Minutes: 6/8/15 Vice Mayor Schmid and Council Members Wolbach returned to the meeting at 9:45 P.M. MOTION: Council Member Burt moved, seconded by Mayor Holman to refer to the Finance Committee consideration of stronger encroachment fees for construction projects that impact portions or all of a city street or sidewalk. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion, “or all of City streets and sidewalks” with “or all of a city street or sidewalk.” MOTION AS AMENDED PASSED: 8-0 Filseth absent MOTION: Council Member Kniss moved, seconded by Council Member Burt to keep the Code Enforcement-Lead position in the FY 2016 budget; and direct the City Manager to propose an alternate position be removed from the FY 2016 budget if required to maintain a budget surplus. MOTION AS AMENDED PASSED: 8-0 Filseth absent MOTION: Council Member Scharff moved, seconded by Council Member Kniss to tentatively approve the budget including $50,000 for Automated External Defibrillators (AED), and amendments as discussed: A. Budget Amendment Ordinance which includes: 1. City Manager’s Fiscal Year 2016 Proposed Operating and Capital Budget; and 2. Amendments to the City Manager’s Fiscal Year 2016 Proposed Operating and Capital Budget; and 3. Revised City Table of Organization; and 4. Fiscal Year 2016 Proposed Municipal Fee Changes; and B. Resolution Adopting a Dark Fiber Rate Increase of 2.7 Percent and Amending Utility Rate Schedules EDF-1 and EDF-2; and DRAFT ACTION MINUTES Page 6 of 8 City Council Meeting Draft Action Minutes: 6/8/15 C. Resolution Amending Utility Rate Schedule D-1 (Storm and Surface Water Drainage) to Increase Storm Drain Rates by 2.7 Percent Per Month Per Equivalent Residential Unit for Fiscal Year 2015; and D. Resolution Adopting a Wastewater Collection Rate Increase of 9.0 Percent and Amending Utility Rate Schedules S-1, S-2, S-6 and S-7; and E. Resolution Adopting a Refuse Rate Increase of 9.0 Percent and Amending Utility Rate Schedule R-1; and F. Resolution Amending Salary Schedules for the Management, Professional, and Confidential Unit, the Utilities Managers of Palo Alto Professional Association, and the Service Employees International Union: 1. Amended Salary Schedule for the Management, Professional, and Confidential Unit; and 2. Amended Salary Schedule for the Utilities Managers of Palo Alto Professional Association; and 3. Amended Salary Schedule for the Service Employees International Union; and G. Refer to the Finance Committee a discussion of changes to the Public Art Ordinance to simplify the calculation of the Public Art Fee and a discussion of usage and replacement of pool vehicles. MOTION PASSED: 8-0 Filseth absent MOTION: Council Member DuBois moved, seconded by Council Member Scharff to direct Staff and the Finance Committee to return in six months with an update on the Animal Shelter. MOTION PASSED: 8-0 Filseth absent MOTION: Council Member DuBois moved, seconded by Council Member Burt to direct Staff to investigate increasing the Business Registry late fee monthly for for-profit organizations and remain the same for non-profit organizations. DRAFT ACTION MINUTES Page 7 of 8 City Council Meeting Draft Action Minutes: 6/8/15 SUBSTITUTE MOTION: Council Member Scharff moved, seconded by Council Member Berman to direct Staff to investigate increasing Business Registry participation, up to and including increasing late fees. SUBSTITUTE MOTION PASSED: 8-0 Filseth absent MOTION: Council Member Scharff moved, seconded by Council Member Kniss to continue Agenda Item Number 7- Review of a Draft Scope of Work for the Fry's Master Plan and Adoption of a Resolution Regarding the Use of Regional Transportation Funding to June 22, 2015. MOTION PASSED: 7-1 Wolbach no, Filseth absent 7. Review of a Draft Scope of Work for the Fry's Master Plan and Adoption of a Resolution Regarding the Use of Regional Transportation Funding. Council Member Questions, Comments and Announcements Council Member Kniss attended an event this past Friday at Moffett Federal Airfield where Congresswoman Anna Eshoo announced her selections for the United States Air Force Academy, United States Naval Academy, United States Military Academy (West Point). Council Member Kniss noted that four of the eleven individuals selected were women. Council Member Scharff announced Congresswoman Anna Eshoo and Assembly Member Rich Gordon will hold a public meeting on Santa Clara County sea level rise challenges and opportunities on June 19, 2015. Council Member Scharff will moderate a panel during the event. Mayor Holman reported her attendance at a meeting this past Friday with Governor Edmund Brown at San José City Hall for a drought update. She also attended the NewCo event at Survey Monkey earlier this evening. NewCo organizes open house type events at entrepreneurial businesses in Silicon Valley. Approximately 40 to 50 percent of participating businesses are located in Palo Alto. Participation is not limited to technology companies but also includes companies such as Deborah’s Palm. She encouraged Council Members and members of the public to attend NewCo events. DRAFT ACTION MINUTES Page 8 of 8 City Council Meeting Draft Action Minutes: 6/8/15 Closed Session MOTION: Vice Mayor Schmid moved, seconded by Council Member DuBois to go into Closed Session. MOTION PASSED: 8-0 Filseth absent Council went into Closed Session at 10:38 P.M. 8. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Clear Light Ventures, Inc., et al. v. City of Palo Alto, et al. (Verizon Wireless; Little League Baseball of Palo Alto, Inc.), Santa Clara Superior Court Case No. 1-15-CV-278025. Council returned from Closed Session at 10:45 P.M. Mayor Holman announced that the City Council authorized the filing of an immediate appeal in the case of Clear Light Ventures v. City of Palo Alto, Santa Clara Superior Court Case No. 1-15-CV-278025 (8-0, Filseth absent). Adjournment: The meeting was adjourned at 10:45 P.M. City of Palo Alto (ID # 6222) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/26/2015 City of Palo Alto Page 1 Summary Title: Adoption of NACTO Design Guidelines Title: Adoption of a Resolution to Adopt the National Association of City Transportation Officials (NACTO) Design Guidelines From: City Manager Lead Department: Planning and Community Environment Recommendation Adopt the proposed Resolution (Attachment A) to adopt the National Association of City Transportation Officials (NACTO) Urban Street Design Guide and Urban Bikeway Design Guide as supplements to the City of Palo Alto Bicycle and Pedestrian Plan. Executive Summary Adopting the National Association of City Transportation Officials (NACTO) street design guides will provide additional support in the City’s efforts to introduce complete street ideas into the design and operation of streets by providing design guidance on transportation infrastructure. City staff will continue to work proactively with the community to provide convenient, safe, and context-sensitive facilities that promote increased use by people who walk and bicycle. When NACTO guidance or other design guidance is used, the City will continue to utilize sound planning and engineering judgment when determining the best solution for a local need. Background Streets often fail to provide their surrounding communities with a space where people can safely walk, bicycle, drive, take transit, and socialize. Complete Streets integrates people and place in the planning, design, construction, operation, and maintenance of our transportation networks. Cities are leading the movement to redesign and reinvest in our streets as cherished public spaces for people, as well as critical arteries for traffic. The National Association of City Transportation Officials (NACTO) facilitates the exchange of transportation ideas, insights and best practices among cities, while fostering a cooperative approach to key issues facing cities and metropolitan areas. The NACTO Urban Street Design Guide and Urban Bikeway Design Guide offer a vision for improving the safety and livability of our streets for people who walk, bicycle, drive, and ride transit. The guidance and flexibility City of Palo Alto Page 2 articulated in these guides serve as an additional tool for planning modern city streets to safely accommodate current and future residents, workers and visitors within limited space. In September 2014, Governor Jerry Brown signed Assembly Bill 1193, the Protected Bikeways Act. AB 1193 eliminates a requirement previously imposed on local agencies to follow Caltrans bikeway design rules on local streets and roads. AB 1193 grants cities flexibility to use alternative design standards, such as those published by the National Association of City Transportation Officials (NACTO), on locally-owned streets and roads. Prior to utilizing alternative designs, the law requires all of the following conditions be met: (1) The alternative criteria have been reviewed and approved by a qualified engineer with consideration for the unique characteristics and features of the proposed bikeway and surrounding environs. (2) The alternative criteria, or the description of the project with reference to the alternative criteria, are adopted by resolution at a public meeting, after having provided proper notice of the public meeting and opportunity for public comment. (3) The alternative criteria adhere to guidelines established by a national association of public agency transportation officials. Discussion The City of Palo Alto Comprehensive Plan, Climate Action Plan, and Bicycle and Pedestrian Transportation Plan establish clear support and priority for investing in non-motorized transportation, improving access to transit, and reducing dependence on single-occupant vehicles to improve the overall efficiency of the transportation system. The passage of the Protected Bikeways Act in September 2014 requires that if a local agency wishes to use an alternative design standard, that this design standard be adopted by resolution at a public meeting. Adopting the NACTO street design guides will provide additional support in the City’s efforts to introduce complete street ideas into the design and operation of streets by providing design guidance on transportation infrastructure. City staff will continue to work proactively with the community to provide convenient, safe, and context-sensitive facilities that promote increased use by people who walk and bicycle. When NACTO guidance or other design guidance is used, the City will continue to utilize sound planning and engineering judgment when determining the best solution for a local need. Attachment A provides a proposed Resolution to adopt the NACTO Design Guidelines. The NACTO Guides may be reviewed or ordered online as outlined in Attachment B. A hardcopy is available for review only at the City of Palo Alto Transportation Division, 250 Hamilton Avenue, 5th floor. City of Palo Alto Page 3 NACTO Urban Bikeway Design Guide The NACTO Urban Bikeway Design Guide is based on the experience of the best cycling cities in the world. To create the guide, the authors conducted a worldwide literature search of design guidelines and real-life experience and worked closely with a panel of planning professionals from NACTO member cities, as well as traffic engineers, planners, and academics. Most of these treatments are not directly referenced in the current version of the AASHTO Guide to Bikeway Facilities, although they are virtually all (with two exceptions) permitted under the Manual on Uniform Traffic Control Devices (MUTCD). The MUTCD is published by the Federal Highway Administration (FHWA) to define the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public travel. The MUTCD, which has been administered by the FHWA since 1971, is a compilation of national standards for all traffic control devices, including road markings, highway signs, and traffic signals. It is updated periodically to accommodate the nation's changing transportation needs and address new safety technologies, traffic control tools and traffic management techniques. In August 2013, the Federal Highway Administration issued a memorandum officially supporting use of the NACTO Urban Bikeway Design Guide. All of the NACTO Urban Bikeway Design Guide treatments are in use internationally and in many cities around the United States. For each treatment in the Urban Bikeway Design Guide, NACTO provides three levels of guidance:  Required: elements for which there is a strong consensus that the treatment cannot be implemented without.  Recommended: elements for which there is a strong consensus of added value.  Optional: elements that vary across cities and may add value depending on the situation. NACTO emphasizes that treatments must be tailored to the individual situation with thorough documentation of decisions. To assist with this, the NACTO Urban Bikeway Design Guide links to companion reference material and studies. Palo Alto Pedestrian and Bicycle Advisory Committee Review Staff brought a draft proposed Resolution to the Palo Alto Pedestrian and Bicycle Advisory Committee (PABAC) for input on August 4, 2015. PABAC members suggested minor edits to the Resolution which have been incorporated by staff. On September 1, 2015, PABAC reviewed the revised Resolution and passed a unanimous motion recommending adoption of the NACTO guidelines by the City Council. City of Palo Alto Page 4 Planning and Transportation Commission Review On September 9, 2015, the Planning and Transportation Commission unanimously recommended the City Council adopt the Resolution adopting the NACTO guidelines. Resource Impact Adopting the NACTO Design Guidelines will give the City flexibility in designing bicycle and pedestrian facilities. There is no definable impact on the cost of future capital projects. Policy Implications Adoption of the NACTO Design Guides as supplementary guidelines is consistent with the Comprehensive Plan, Bicycle + Pedestrian Transportation Plan, and Climate Action Plan. Environmental Review Adoption of this resolution does not meet the definition of a project, therefore no environmental review is required. Attachments:  Attachment A: Resolution to Adopt NACTO Urban Street and Bikeway Design Guidelines (PDF)  Attachment B: Design Guides (PDF) NOT YET APPROVED 150727 jb 0131474 Resolution No. ____ Resolution of the Council of the City of Palo Alto Adopting the National Association of City Transportation Officials Urban Street Design and Bikeway Design Guidelines R E C I T A L S A. The City of Palo Alto Comprehensive Plan, Climate Action Plan, and Bicycle and Pedestrian Plan establish clear support and priority for investing in non-motorized transportation, improving access to transit, and reducing dependence on single-occupant vehicles to improve the overall efficiency of the transportation system. B. The National Association of City Transportation Officials (NACTO) Urban Street Design Guide available at http://nacto.org/publication/urban-street-design-guide and Urban Bikeway Design Guide available at http://nacto.org/publication/urban-bikeway-design-guide/ offers supplementary guidance on complete streets to cities nationally. C. The NACTO Urban Street Design Guide and Urban Bikeway Design Guide offer a vision for improving the safety and livability of our streets for people who walk, bicycle, drive, and ride transit. The guidance and flexibility articulated in these guides serve as an additional tool for planning modern city streets to safely accommodate current and future residents, workers and visitors within limited space. D. The State Department of Transportation (Caltrans) has endorsed NACTO guides to “put additional tools in the tool box for both Caltrans staff and local agencies to reference when making project decisions on facilities for which they are responsible.” E. The NACTO Urban Street Design Guide and Urban Bikeway Design Guide are intended as supplemental guidelines and do not create mandatory requirements. F. The City of Palo Alto will work proactively with the community to provide convenient, safe, and context-sensitive facilities that promote increased use by people who walk and bicycle. G. When NACTO guidance or other design guidance is utilized, the City of Palo Alto will continue to utilize sound planning and engineering judgment when determining the best solution for a local need. H. The Palo Alto Pedestrian and Bicycle Advisory Committee and Planning and Transportation Commission have transmitted their recommendations. ATTACHMENT A NOT YET APPROVED 150727 jb 0131474 NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Council hereby adopts the NACTO Urban Street Design Guide and Urban Bikeway Design Guide referenced in Paragraph B above, and as amended from time to time, as supplements to the City of Palo Alto Bicycle Plan. SECTION 2. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Senior Assistant City Attorney City Manager _____________________________ Director of Planning and Community Environment _____________________________ Director of Administrative Services Attachment B NACTO Urban Street Design Guide Please visit: http://nacto.org/publication/urban-street-design-guide/ NACTO Urban Bikeway Design Guide Please visit: http://nacto.org/publication/urban-bikeway-design-guide/ City of Palo Alto (ID # 6050) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/26/2015 City of Palo Alto Page 1 Summary Title: Approval of Contract with SZS Consulting Group Title: Approval of a Two-Year Contract with SZS Consulting Group for the ADA Transition Plan Update with Funding for the First Year Not to Exceed $164,923 and a Total Contract Amount Not to Exceed $251,141, Capital Improvement Program Project PF-93009 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute a contract with SZS Consulting Group (Attachment A) for a period of two years with funding not to exceed $164,923 for fiscal year 2016 and funding not to exceed $86,218 for fiscal year 2017 with a total not-to-exceed contract amount of $251,141 for updating the City’s ADA Transition Plan. Background The Americans with Disabilities Act (ADA), enacted on July 26, 1990, provides comprehensive civil rights protections to persons with disabilities in the areas of employment, state and local government services, transportation, telecommunications and access to public accommodations. In 1992, the City hired Schirmer Engineering Corporation to create an ADA Transition Plan to comply with Federal ADA regulations issued in July 1991. Since 1993, the Capital Improvement Program has included project PF-93009, Americans with Disabilities Act Compliance. This project has been used to fund improvements identified in the 1992 ADA Transition Plan, as well as other improvements that have been identified. Since the creation of the 1992 plan, the City has acquired new buildings and City of Palo Alto Page 2 taken responsibility for the maintenance of additional buildings. The City currently owns or maintains 131 buildings, 7 parking garages, 20 surface parking lots, and 36 neighborhood parks. The weighted average age of the buildings is nearly 50 years. Thus, not all facilities meet current ADA standards as ADA codes have evolved. A comprehensive and updated ADA Transition Plan will help to ensure City programs, services, and activities are accessible to the public. Discussion This project will identify potential noncompliant items and other physical barriers at City buildings, parking lots, and recreational facilities. The work to be performed under this contract includes the evaluation of site and program accessibility compliance to provide the basis for identification, prioritization, budgeting, and implementation of plans, as well as an updated plan and database which will be used in continuing efforts to comply with accessibility requirements as established by the ADA and State of California Building Code (CBC) accessibility provisions. A Request for Proposals (RFP) for the project was sent to prospective consultants and posted on the City’s website on May 29, 2015. The following table summarizes the results of the solicitation: Summary of Solicitation Process Proposal Description/Number Consulting Services for the ADA Transition Plan Update Project Proposed Length of Project 105 Calendar Days Number of Proposals Mailed 3 Total Working Days to Respond to Proposal 32 Working Days Number of Proposals Received 1 Company Name Location (City, State) Selected for Oral Interview? SZS Consulting Group Palo Alto, CA Yes Range of Proposal Amounts Submitted $228,310.00 City of Palo Alto Page 3 Staff received one proposal submitted on July 14, 2015. Other prospective firms indicated that they did not submit proposals due to heavy workloads or inability to provide the work under the budget given. An evaluation committee consisting of representatives from Public Works’ Engineering Services Division and Development Services’ Building Services Division carefully reviewed SZS Consulting Group’s qualifications and proposal in response to the criteria identified in the RFP. Their submittal was complete and their references praised the quality of work the group has performed. Their proposed process, protocol and past experiences align with the City’s priorities for this project. SZS Consulting Group will identify non-compliant items in the Facilities Inventory List based on ADA codes in 1992 and/or current federal and state ADA codes and statutes including:  Federal 2010 ADA Standards;  2013 California Building Code;  Federal Highway Administration’s Manual on Uniform Traffic Control Devices California Edition 2010 (MUTCD);  Federal Access Board’s Public Rights-of-Way Guidelines (PROWAG);  2010 Americans with Disabilities Act Design Standards;  Federal Access Board’s Outdoor Developed Area Guidelines; and  Case law precedents. The project consists of five tasks: 1. ADA Assessment Reports - an evaluation of the City’s progress on non- compliant items listed in the existing plan for buildings currently maintained or owned; 2. Policy Survey - a review and self-evaluation of City policies and practices that govern the implementation of barrier removal per the existing plan and recommendations for new/updated policies and practices; 3. Facility Assessment - a survey of non-compliant items with detailed supporting documentation and recommendations for compliance; 4. Transition Plan - production of an updated comprehensive plan; and 5. Project Database - development of a database to facilitate ongoing monitoring and updating of the plan by City staff. Timeline The first phase of the project is projected to start in early November 2015, and City of Palo Alto Page 4 the second phase on July 1, 2016. The project is expected to be complete in February 2017. Resource Impact Funding for this contract is currently available in the recurring Capital Improvement Program (CIP) project PF-93009 “Americans with Disabilities Act Compliance”. This update to the ADA Transition Plan was programmed in the fiscal year 2016 capital budget along with other ADA upgrades under CIP PF- 93009 (Attachment B). The contract amount exceeds staff’s estimated internal allocation amount for the plan. Therefore, the contract is split into two phases as noted in the Facility Survey Schedule in Exhibit A of Attachment A. This phased approach will allow other programmed ADA upgrades to be initiated. The fiscal year 2017 budget request may be adjusted during the normal budget cycle to account for this contract and other unrelated ADA upgrade work still pending formal cost quotations. Policy Implications Authorization of this contract does not represent a change in existing City policies. Environmental Review Preparation of the facility reports, transition plan and database is not a project for the purposes of the California Environmental Quality Act (CEQA). Future implementation of report recommendations may require CEQA review which will be done when those specific projects are initiated. Attachments:  Attachment A - SZS Consulting Group Contract (PDF)  Attachment B - CIP PF-93009 Fiscal 2016 Budget Pages (PDF) Professional Services Rev. March 31, 2015 CITY OF PALO ALTO CONTRACT NO. S16159017 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SZS CONSULTING GROUP FOR PROFESSIONAL SERVICES This Agreement is entered into on this 26th day of October, 2015, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and SZS CONSULTING GROUP, a California Limited liability company, located at 2225 E. Bayshore Road, Suite 200, Palo Alto, CA 94303 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to implment the ADA Transition Plan Update Project (“Project”) and desires to engage a consultant to assess City Buildings' ADA accessibility and create a transition plan and database for necessary ADA updates for identified deficiencies 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. Optional On-Call Provision (This provision only applies if checked and only applies to on- call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A- 1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Professional Services Rev. March 31, 2015 SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through February 28, 2017 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Twenty-Eight Thousand, Three Hundred and Ten Dollars ($228,310.00). In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Fifty-One Thousand, One Hundred and Forty-One Dollars ($251,141.00). 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 DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Professional Services Rev. March 31, 2015 required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of 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. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Syroun Z. Sanossian as the project director to have supervisory responsibility for the performance, progress, and execution of the Services and to represent CONSULTANT during the day-to-day DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Professional Services Rev. March 31, 2015 work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY’s project manager is Matt Raschke, Public Works Department, Engineering Division, 250, Hamilton Ave., Palo Alto, CA 94301, Telephone:650-496-5937. 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. [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Professional Services Rev. March 31, 2015 officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance 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. DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Professional Services Rev. March 31, 2015 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its 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 DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Professional Services Rev. March 31, 2015 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance 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. DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Professional Services Rev. March 31, 2015 • Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. • Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only 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 DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Professional Services Rev. March 31, 2015 any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 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 (Required on contracts over $85,000) APPROVED AS TO FORM: __________________________ Senior Asst. City Attorney (Required on Contracts over $25,000) SZS CONSULTING GROUP,LLC By:___________________________ Name:_________________________ Title:________________________ Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: HOURLY RATE SCHEDULE EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Principal Syroun Z. Sanossian GENERAL INFORMATION EXHIBIT “A” SCOPE OF SERVICES The City of Palo Alto currently has an estimated inventory of 131 public buildings, 7 parking garages, and 38 public neighborhood parks. The weighted average age of the buildings is nearly 50 years. Thus, not all facilities meet current ADA standards as ADA codes have evolved. The City seeks to review and update its self-evaluation and transition plan. The work shall be performed by or overseen by a certified access specialist (CASp). The updated ADA Evaluation and Transition Plan shall be approved and signed by said CASp. DESCRIPTION OF PROJECT This project will identify potential noncompliant items and other physical barriers at City buildings, parking lots, and recreational facilities. The Consultant shall provide evaluation services for site and program accessibility compliance to provide the basis for identification, prioritization, budgeting, and implementation of plans. The updated ADA Transition Plan will be used by the City in its continuing effort to comply with accessibility requirements as required by the ADA and State of California Access codes. In addition to the updated ADA Transition Plan, the Consultant shall develop a database that will aid the City in monitoring implementation progress and compliance in future projects. SCOPE OF SERVICES OUTLINE The Scope of Services for the ADA Transition Plan is outlined in the following Tasks: TASK 1: ADA ASSESSMENT REPORT Task 1.1 – Research and Investigate Existing Documentation Task 1.2 – Assessment of 1992 ADA Transition Plan and Compliance Evaluation TASK 2: POLICY SURVEY TASK 3: FACILITY ASSESSMENT Task 3.1 – Facility Survey Task 3.2 – Facility Report with Supporting Documentation (Diagrams) TASK 4: TRANSITION PLAN TASK 5: PROJECT DATABASE CONSULTANT DETAILED SCOPE OF SERVICES The tasks for this project shall incorporate the following details and deliverables: TASK 1: ADA ASSESSMENT REPORT Task 1.1: Research and Investigate Existing Documentation 1. SZS Consulting Group, LLC (SZS) shall assemble and evaluate existing documents, reports, and studies related to each of the public facilities. Project research shall include but not be limited to previous studies and accessibility reports on City facilities, exhibits, maps, and reference DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 documents provided by the City or obtained directly by Consultant from other means for the designated facilities listed in the Fee Proposal. 2. SZS shall compile a list of PSAs provided in City of Palo Alto Facilities. 3. SZS shall correlate PSA locations with City facilities prior to initiation of field investigations. Task 1.2: Assessment of 1992 ADA Transition Plan and Compliance Evaluation 1. SZS shall assess the City’s progress on the non-compliant items listed in the City’s original 1992 transition plan for the designated facilities listed in the Fee Proposal. This task includes a field assessment will identify which facilities were compliant with ADA codes in 1992 and/or compliant with current federal and state ADA codes and statutes including Government Code, Vehicle Code, Labor Code, Health, Safety Code, etc. and case law precedents. The field investigation will take place simultaneously with Task 3 below. Deliverables: • Draft Progress Assessment Report to be provided as part of Task 3. 2. SZS shall evaluate compliance to current codes for any additional facilities or programs acquired by the City since 1992 for the designated facilities listed in the Fee Proposal contained in this document as part of this scope of work. The Compliance Evaluation Report will include City buildings, parking lots, and recreational facilities listed in the Fee Proposal. The report will identify each physical element within the public areas of the facility that constitutes a code violation or otherwise hinders or prevents access to persons with disabilities, in addition to identifying which PSAs take place in these spaces. Deliverables: • Draft Compliance Evaluation Report to be provided as part of Task 3. TASK 2: POLICY SURVEY Existing City policies and practices that govern the implementation of barrier removal within the ADA Transition Plan process will be reviewed and recommendations for change shall be provided. In addition, SZS proposes to assist the City in establishing policies and practices for emergency procedures, grievance procedures and effective communication according to Section 508, as part of the Self- evaluation process required by the US DOJ as part of the ADA Transition Plan requirements outlined in the Code of Federal Regulations 28 CFR Section §35.105. 1. SZS shall review current policies to ensure that appropriate policies are in place to monitor updates and compliance in future projects. 2. SZS shall provide the ADA Toolkit to designated City staff to complete. 3. SZS shall tabulate results from the ADA Toolkit questionnaires and make recommendations in writing for changes necessary to existing policies and practices. 4. SZS shall assist the City in creating a grievance procedure and a request for accommodations process. DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 The ADA Tool Kit was designed to teach state and local government officials how to identify and fix problems that prevent people with disabilities from gaining equal access to state and local government programs, services, and activities. SZS has modified the Toolkit to reference requirements in California statutes and regulations. The Toolkit questionnaires assess basic preparedness. The information obtained through their use represents the starting point of the process and provides information on vital needs such as emergency assistance. SZS will use this information to establish a baseline for basic policies and practices that serve the needs of people with disabilities who use City facilities. TASK 3: FACILITY ASSESSMENT Task 3.1: Facility Survey SZS shall conduct surveys and produce draft field reports for City buildings, parking lots, and recreational facilities listed in the Facility Survey Schedule that provide programs, services, or activities to the public . The surveys will identify physical barriers and compare each facility to the State Title 24 Building Code and the Federal 2010 ADA Standards, in addition to the following standards: • The Federal Highway Administration’s Manual on Uniform Traffic Control Devices California Edition 2010 Edition (MUTCD) to signage at bus stops located at facilities and signage along the sidewalk included in this scope of work • The federal Access Board’s Public Rights-of-Way Guidelines (PROWAG) that are the gold standard for compliance in the public rights-of-way assessment and design • The 2010 Americans with Disabilities Act Design Standards that replaced the ADAAG as of March 15, 2011 including: o Recreation Area Guidelines covering golf facilities, miniature golf facilities, play areas, swimming pools, wading pools and spas • The federal Access Board’s Outdoor Developed Area Guidelines that apply to federal facilities (national parks) with trails, picnic and camping areas, viewing areas, beach access routes and other components of outdoor developed areas on federal sites when newly built or altered. • Pursuant to the Fortyune v. City of Lomita case, to the extent specific standards for City facilities do not exist, SZS shall note the lack of such standards apply analogous standards if feasible. DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Task 3.2: Facility Report with Supporting Documentation (Diagrams) SZS shall produce a Facility Report that includes facility diagrams locating architectural barriers in public buildings and exterior for use in the ADA Transition Plan. Each report will include the following details: • Executive summary that identifies barriers to access and illustrates reasoning behind recommended solutions in clear and concise terms • Unique barrier number for each non-compliant element • Clear digital photograph(s) of each non-compliant element saved individually as a JPEG with a minimum pixel count of 1920 x 1280 • Physical location description of each non-compliant element (e.g. City Museum – Floor 1) • X, Y, and Z coordinates for each exterior barrier identified in parking lots, connecting accessible routes into associated buildings or at the signalized intersection included in this scope of work to enable production of a city-wide GIS map • As-Built dimensions of compliant and non-compliant elements, where applicable (e.g. 20” clear width) • Quantity and type of compliant and non-compliant elements (e.g. 120 SF, 1 each) • Code reference and text from the 2010 ADA Design Standards, California Code Requirements (CCR), Title 24, Public Rights-of-Way Accessibility Guidelines (PROWAG), the 2010 California Manual on Uniform Traffic Control Devices (CA MUTCD), case law precedent or performance standards where applicable • Barrier severity rating suing our proprietary system using five (5) rating tiers • Recommended solution for each barrier to achieve barrier removal in not more than one (1) sentence • Construction Cost Estimate to remove each barrier provided on each individual barrier record and within a project cost estimate summary • Priority for barrier removal within implementation phase, which is determined per City inputs and based on findings • Implementation phase and date • Barrier status – open or closed to allow for reports that indicate the number of barriers removed or still awaiting implementation • Field notes allowing additional information in the database and reports to add pertinent information regarding field findings or barrier removal implementation • A GIS city map will be included with the draft and final reports showing all barriers to access identified in the exterior areas (parking, paths of travel, etc.) Draft Facility reports will be sent to the City after each group of buildings are completed according to the Facility Survey Phase Schedule. Deliverables: • Draft and final facility Reports for Each Facility and compiled together into one document with each Facility’s executive summary DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 TASK 4: TRANSITION PLAN The Consultant shall produce an updated comprehensive ADA Transition Plan based upon guidance from City Staff and findings from Tasks 1 through 3. Consultant shall incorporate the ADA Best Practices Tool Kit for State and local Governments (http://www.ada.gov/pcatoolkit/toolkitmain.htm) as a minimum guideline for the transition plan. It shall also incorporate relevant requirements from the US Access Boards Guidelines (http://www.access-board.gov/guidelines-and-standards) including the proposed Public Right-of-Way Access Guidelines (PROWAG). The plan shall prioritize barrier removals on the following criteria: • Methodology for evaluation of barriers 1. Field inspection checklist and forms shall be provided as part of this scope of work for City use only • Methodology for prioritization of barrier remediation • Estimated costs for barrier remediation 1. Budgetary cost estimates provided for each data record (barrier) 2. Budgetary cost estimate summary per facility according to barrier priorities 3. Budgetary cost estimates compiled for all facilities as part of final ADA Transition Plan • Implementation phasing schedule • Procedures and forms for monitoring implementation • Procedures and forms for performing evaluations of additional barriers • Procedures and forms for filing Requests for Accommodation • Standard drawings for remediation methods • A section shall also be included that lists references and contacts information for ADA and accessibility related resources. Deliverables: • Transition Plan signed by responsible individual with CASp credentials TASK 5: PROJECT DATABASE SZS shall develop a database for the ADA Transition Plan using Microsoft Access, Microsoft Excel, or other City-approved software. The purpose of the database is to facilitate ongoing monitoring and updating of the final comprehensive ADA Transition Plan by City Staff. The database shall correlate all components of the transition plan including but not limited to Compliance and Facility reports, Facility Diagrams, Transition Plans, reference drawings, standard drawings, and photographs. The database shall be the property of the City of Palo Alto when the ADA Transition Plan compilation is complete. Deliverables: • Complete database on optical disk (CDROM or DVDROM) and USB flash drive(s) DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Completion No. of Weeks From NTP 1. Research and Investigation 6 weeks 2. Facility Surveys (See attached Facility Survey Schedule for schedule of specific facilities) 64 weeks 3. Policy Survey 24 weeks 4. ADA Transition Plan Production 67 weeks DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 09-048O. Proposed Work Schedule ©  2015  SZS  Consul/ng  Group  LLC Revised  9-­‐29-­‐2015 46 A Kick off Meeting B Research and Investigate Existing ADA TP Documentation, previous assessments, etc. C Review 1992 ADA Transition Plan and Compliance Evaluation D Create Action Plan for Field Surveys A Field investigation (survey) process of designated City facilities B Produce Progress Reports/Compliance Reports/Field Surveys of designated City facilities C Produce GIS map using exterior and building location data See  a?ached  schedule  for  specific  facility  schedule D Produce Reference Drawings for Building Assessments E Correlate programs, services and activities with barrier data F Compile Field Data and Perform Quality Control G Review and modify existing City standard construction details for use in remediation H Meet to present recommended priorities for barrier removal implementation phases I Provide draft facility reports to City for review A Review existing City policies/practices involving barrier removal implementation process and review B Provide guidance on creation of request for accommodations & grievances procedures C Distribute US DOJ ADA Toolkit to designated City staff D Tabulate results from ADA Toolkit E Provide recommendations on changes/additions to existing City policy A Meet with designated City staff to gain input on draft reports B Obtain budgetary determinations and approved priorities for barrier removal C Recommend and create phasing schedule D Revise draft reports and produce final ADA Transition Plan documents E Provide final ADA Transition Plan to City including Database F Meet with designated City staff to discuss findings Research  &  Inves-ga-on  Process Field  Survey  Process ADA  Transi-on  Plan  Process Mee-ngs Dec-­‐16 Jan-­‐17 Feb-­‐17 PHASE 2 Jul-­‐16 Aug-­‐16 Sep-­‐16 Oct-­‐16 Nov-­‐16Apr-­‐16 May-­‐16 Jun-­‐16 TASK 3 - ADA TRANSITION PLAN PRODUCTION TASK 1A - RESEARCH AND INVESTIGATION CITY OF PALO ALTO ADA TRANSITION PLAN UPDATE SCHEDULE TASK 2 - POLICY SURVEY Mar-­‐16Jan-­‐16Nov-­‐15 Feb-­‐16 TASK 1B - FACILITY SURVEYS Dec-­‐15 PHASE 1 PROJECT SCHEDULE DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 ©  2015  SZS  Consul/ng  Group  LLC Revised  9-­‐29-­‐2015 1       SURVEY ORDER FACILITY #FACILITY NAME 1 7 Civic  Center 2 54 Civic  Center  Office  Building  Public  Parking 3 2 Arastradero  Preserve  Gateway  Facility  and  Preserve 4 4 Baylands,  Athle/c  Center  and  Preserve   5 34 Cowper  /  Hamilton  Lot  H 6 35 LyRon  /  Waverley  Lot  K 7 36 Emerson  /  LyRon  Lot  A 8 37 Hamilton  /  Waverley  Lot  D 9 1 Animal  Services 10 3 Art  Center 11 63 Bol  Park 12 5 Children's  Library 13 6 Children's  Theatre 14 8 College  Terrace  Library 15 9 Cubberley  Community  Center 16 38 Gilman  /  Waverley  Lot  G 17 39 Gilman  /  Bryant  Lot  E 18 40 Emerson  /  High  Lot  O 19 41 Ramona/LyRton  Lot  C 20 64 Boulware  Park 21 65 Bowden  Park 22 10 Downtown  Library 23 66 Bowling  Green  Park 24 68 Byxbee  Park  and  Restrooms 25 11 Firesta/on  #1  (University  Park) 26 12 Firesta/on  #2  (Mayfield) 27 13 Firesta/on  #3  (Rinconada) 28 14 Firesta/on  #4  (Mitchell  Park) 29 15 Firesta/on  #5  (Arastradero) 30 16 Firesta/on  #8  (Foothills  Park) 31 42 High  /  Hamilton  Lot  P 32 43 Emerson  /  Ramona  Lot  N 33 44 Florence  /  LyRon  Lot  F 34 45 LyRon  /  Kipling  Lot  T 35 76 Gamble  Garden  Center 36 77 Golf  Course 37 78 Greer  Park  and  Restrooms 38 17 Green  Waste  Facility 39 80 Hoover  Park  and  Restrooms 40 67 Briones  Park  and  Restrooms 41 69 Cameron  Park 42 70 Esther  Clark  Park 43 71 Cogswell  Plaza 44 18 Junior  Museum  &  Zoo 45 19 Landfill  Facility 46 46 California  Avenue  BD  Lot  6 47 47 California  Avenue  BD  Lot  2 48 48 California  Avenue  BD  Lot  7 49 49 California  Avenue  BD  Lot  4 50 50 California  Avenue  BD  Lot  3 51 51 California  Avenue  BD  Lot  8 52 52 California  Avenue  BD  Lot  1 53 53 California  Avenue  BD  Lot  9 54 20 Lucie  Stern  Community  Center 55 21 Mitchell  Park  Library 56 22 Mitchell  Park  Community  Center 57 85 Mitchell  Park  and  Restrooms SZS-ORDER FACILITY #FACITLITY NAME 58 55 Cambridge  Parking  Garage  (Lot  5) 59 72 El  Camino  Park,  Restrooms,  and  Scorekeeper  Facility 60 73 Eleanor  Pardee  Park 61 74 El  Palo  Alto  Park 62 75 Foothills  Park 63 23 Municipal  Service  Center  (MSC) 64 24 Palo  Alto  Airport  Terminal  Building  (Portables) CITY OF PALO ALTO ADA TRANSITION PLAN UPDATE SCHEDULE Dec-­‐15 Jan-­‐16 Nov-­‐16 Nov-­‐16 Dec-­‐16 Jan-­‐17 PHASE  1 PHASE  2 Jul-­‐16 Aug-­‐16 Sep-­‐16 Oct-­‐16Feb-­‐16 Mar-­‐16 Apr-­‐16 May-­‐16 Jun-­‐16 Dec-­‐16 Jan-­‐17 PHASE  1 PHASE  2CITY OF PALO ALTO ADA TRANSITION PLAN UPDATE SCHEDULE Dec-­‐15 Jan-­‐16 Feb-­‐16 Mar-­‐16 Apr-­‐16 May-­‐16 Jun-­‐16 Jul-­‐16 Aug-­‐16 Sep-­‐16 Oct-­‐16 FACILITY SURVEY SCHEDULEDocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 ©  2015  SZS  Consul/ng  Group  LLC Revised  9-­‐29-­‐2015 2       65 56 Parking  Garage  -­‐  Lot  J  (Cowper/Webster)   66 79 Heritage  Park 67 81 Hopkins  Creekside  Park 68 25 Rinconada  Library 69 89 Rinconada  Park 70 26 Roth  Building 71 92 Seale  Park  and  Restrooms 72 27 Senior  Center  (Avenidas) 73 57 Parking  Garage  -­‐  Lot  Q  (under  residen/al) 74 58 Parking  Garage  -­‐  Lot  R  (High  Street) 75 82 Johnson  Park 76 83 Kellog  Park 77 84 Mayfield  Park 78 93 Stanford  -­‐  Palo  Alto  Playing  Fields  and  Restrooms 79 86 Monroe  Park 80 87 Peers  Park,  Clubhouse  and  Restrooms 81 88 Ramos  Park 82 28 Ventura  Community  Center 83 59 Parking  Garage  -­‐  Lot  S/L  (Bryant  Street) 84 90 Robles  Park 85 91 ScoR  Park 86 29 Water  Quality  Control  Plant 87 30 Williams  House 88 31 Winter  Lodge 89 60 Ted  Thompson  Parking  Garage 90 94 Terman  Park 91 95 Sarah  Wallis  Park 92 96 Weisshaar  Park 93 97 Werry  Park DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed $228,310.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $251,141. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $228,310.00 and the total compensation for Additional Services does not exceed $22,831.00. BUDGET SCHEDULE Phase 1 NOT TO EXCEED AMOUNT Task 1 (Research and Facility Surveys) $117,980.00 Task 2 (Policy Survey) $2,720.00 Task 3 (ADA Transition Plan) $29,230.00 Phase 2 Task 4 (Research and Facility Surveys) $61,340.00 Task 5 (ADA Transition Plan) $17,040.00 Sub-total Basic Services $228,310.00 Reimbursable Expenses $0 Total Basic Services and Reimbursable expenses $228,310.00 DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Phase 1 Additional Services (Not to Exceed) $14,993.00 Phase 2 Additional Services (Not to Exceed) $7,838.00 Maximum Total Compensation $251,141 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: N/A A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $0 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Work required because the following conditions are not satisfied or are exceeded shall be considered as additional services: DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 EXHIBIT “C-1” HOURLY RATE SCHEDULE LABOR CATEGORY HOURLY RATE Project Managers $180.00 Field Investigators $110.00 GIS Analyst $140.00 Technical Staff $80.00 DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 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: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES WORKER’S COMPENSATION YES 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. 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 DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 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 CONTRACTOR 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 OR EMAILED TO: EMAIL: InsuranceCerts@CityofPaloAlto.org PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 DocuSign Envelope ID: 751C7F1E-8B86-43F1-AA17-C6E26C7125E4 Buildings and Facilities CITY OF PALO ALTO FISCAL YEAR 2016 CAPITAL BUDGET 97 Americans With Disabilities Act Compliance Americans With Disabilities Act Compliance Description This project provides funding for accessibility upgrades to City facilities and equipment. It includes continued funding for improvements such as path of travel, restroom upgrades, drink- ing fountains, and counters. This funding will also be utilized for other CIP project design or construction phases where accessibility improvements are identified. Justification In order to comply with the Americans with Disabilities Act of 1990 and related regulations, the City prepared a Transition Plan and Self-Evaluation Final Study that identified physical obstacles and described improvements to make facilities, programs, and services accessible. Implementa- tion of this program is ongoing. Supplemental Information Projects identified for upcoming work include: Fiscal Year 2016: Accessible ramps replacement at Airport Terminal (Note: costs for the Palo Alto Airport ramps may be recovered from the Airport Fund upon completion of the work); Restroom accessibility evaluation for Children's Theater, Ventura Community Center, Foothills Park, and Community Theater; Update ADA Transition Plan Fiscal Year 2017: Restroom Upgrades at Children's Theatre Fiscal Year 2018: Restroom Upgrades at Ventura Community Center Fiscal Year 2019: Accessibility Upgrades at Foothills Park Fiscal Year 2020: Restroom Upgrades at Community Theater Fund: Capital Improvement Fund Category: Buildings and Facilities Project Location: Various Managing Department: Public Works IBRC Reference: Keep-up Initial Project Start: Recurring Initial Project Completion: Recurring Project Number: PF-93009 Palo Alto Airport Terminal, January 2015 Buildings and Facilities 98 CITY OF PALO ALTO FISCAL YEAR 2016 CAPITAL BUDGET Operating Impact This project is not anticipated to impact operating expenses. Funding Sources Schedule Funding Source Prior Years FY 2015 Budget FY2015 Est.FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 5 Year CIP Total Beyond 5 Year CIP Total Capital Improvement Fund N/A 473,386 176,387 502,118 142,328 143,471 189,289 191,700 1,168,906 0 N/A Total N/A 473,386 176,387 502,118 142,328 143,471 189,289 191,700 1,168,906 0 N/A Expenditure Schedule Project Phase Prior Years FY 2015 Budget FY2015 Est.FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 5 Year CIP Total Beyond 5 Year CIP Total Design N/A 0 0 63,903 0 0 0 0 63,903 0 N/A Construction N/A 473,386 176,387 438,215 142,328 143,471 189,289 191,700 1,105,003 0 N/A Total N/A 473,386 176,387 502,118 142,328 143,471 189,289 191,700 1,168,906 0 N/A Relationship to Comprehensive Plan Primary Connection Element: Community Services & Facilities Section: Access Goal: C-5 Policy: C-32 Program: C-27 Potential Board/Commission Review: Architectural Review Board Historic Resources Board Environmental Impact Analysis: This project is expected to have a possible exemption from CEQA under Section 15301. City of Palo Alto (ID # 6139) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/26/2015 City of Palo Alto Page 1 Summary Title: Net Energy Metering Cap Clarification Title: Adoption of Two Resolutions to: (1) Formally Adopt the Methodology for Calculating the City's Net Energy Metering (NEM) Cap, and (2) Amend Utilities Rule and Regulations 2 and 29; and Delegation of Authority to the City Manager to Update Associated NEM Agreements to Incorporate the NEM Cap Definition, As Needed From: City Manager Lead Department: Utilities Recommendation Staff recommends that the City Council: 1. Adopt a resolution (Attachment A) to formally adopt the methodology for calculating the City’s net energy metering (NEM) cap to be five (5) percent of the City’s 2006 historical system peak electric demand of 190 megawatts (MW) or 9.5 MW; 2. Adopt a resolution (Attachment B) to amend Utilities Rule and Regulations 2 (“Definitions and Abbreviations”) and 29 (“Net Energy Metering Service and Interconnection”) to incorporate the NEM cap definition; and 3. Delegate to the City Manager, or his designee, the authority to update the City’s NEM related agreements, with the approval of the City Attorney, as necessary to incorporate the formally adopted NEM cap definition. Executive Summary Staff recommends an operational clarification to the City’s current practice for calculating the NEM cap as 5% of the City’s historical system peak for electric demand of 190 MW achieved in 2006, or 9.5 MW. Staff’s recommended methodology for calculation of the NEM cap is consistent with NEM requirements applicable to publicly owned utilities (POUs) set out in the California Public Utilities Code.1 Staff is seeking formal adoption by Council of staff’s current practice of calculating the NEM cap, which wills serve to promote transparency for community 1 Cal. Pub. Util. Code §2827(c)(4)(A). City of Palo Alto Page 2 members contemplating installing distributed renewable energy, such as solar, and for project developers operating within the City. NEM is a billing mechanism that allows customers with on-site renewable generation to be compensated at the retail rate for the electricity generated by their system. Using the proposed methodology for calculating the NEM cap, the City is approximately 70% toward meeting the NEM cap as of August 2015, and staff estimates that the cap could be reached by the end of 2016. Revisions to Utilities Rule and Regulations 2 and 29 are also needed to define and reference the NEM cap, and such modifications are recommended by staff. As the City approaches its NEM cap, staff plans to regularly report to the public on progress toward the cap to further support transparency and inform customer decision-making. Staff is developing design guidelines for consideration by the Utilities Advisory Commission (UAC), Finance Committee and Council starting in Fall 2015 for a NEM successor program that would begin after the NEM cap has been reached. Background NEM is a billing mechanism that allows customers with on-site renewable generation to be compensated at the retail rate for the electricity generated by their system. State law requires all electric utilities to offer NEM to eligible customers with distributed renewable generation (sometimes referred to as customer-sited, behind-the-meter generation), up to a maximum cap of 5% of the utility’s aggregate customer peak demand2. NEM does allow customers to reduce or potentially avoid certain charges on their electric bill completely while still remaining interconnected with the utility’s electric grid and utilizing grid services. The City is reviewing rate design issues associated with local solar installations, including the implications of NEM, in connection with the cost of service analysis (COSA) that the electric utility has embarked on, which is targeted for completion in in Fiscal Year (FY) 2016. In principle, customers may install a variety of distributed renewable generation technologies that would be eligible for NEM. In practice, solar is the most feasible technology in Palo Alto. All on-site generation and NEM participation in Palo Alto to date is from solar photovoltaic (PV) systems. Table 1 provides a summary of NEM participation to date. 2 Cal. Public Utilities Code, §2827 et seq. City of Palo Alto Page 3 Table 1: Summary of NEM Participation in Palo Alto Year Annual Capacity (kW CEC-AC) Cumulative Capacity (kW CEC-AC) % of 2006 System Peak 1999 16 16 <0.1% 2000 16 32 <0.1% 2001 100 132 <0.1% 2002 73 205 0.1% 2003 40 245 0.1% 2004 45 290 0.2% 2005 74 365 0.2% 2006 233 598 0.3% 2007 213 811 0.4% 2008 1,347 2,158 1.1% 2009 340 2,498 1.3% 2010 503 3,001 1.6% 2011 444 3,445 1.8% 2012 209 3,654 1.9% 2013 433 4,087 2.2% 2014 2,060 6,147 3.2% 2015* 537 6,684 3.5% Proposed NEM Cap - 9,500 5.0% *Data through August 13, 2015 Discussion NEM Cap Calculation Methodology Currently, the California Public Utilities Code affords POUs, like Palo Alto, with flexibility to define the City’s 5% NEM cap. Section 2827(c)(4)(A) of the California Public Utilities Code specifies that POUs must offer NEM until “combined total peak demand” of NEM customers exceeds 5% of “aggregate customer peak demand” of the electric utility. The statute is silent as to how to define “aggregate customer peak demand” for POUs, leaving matters such as the best method for calculating aggregate customer peak demand, or what reference year to use to the City to decide.3 Given the flexibility available to POUs and other non-IOUs, there are a variety of differing methodologies for calculating the NEM cap that have developed across the state, resulting in confusion for utility customers and renewable energy installers operating across multiple utility service territories. 3 By contrast, the statute and the CPUC afford Investor Owned Utilities (IOUs) with no discretion for how to calculate “aggregate customer peak demand.” The CPUC approved a decision3 requiring the large IOUs to define aggregate customer peak demand as the sum of individual customers’ peak demands, or so-called non-coincident peak demands. The Public Utilities Code was later modified to further clarify this definition for the IOUs (Cal. Public Utilities Code, §2827 (c) (4) (B)). City of Palo Alto Page 4 Palo Alto staff has interpreted “aggregate customer peak demand” to be the City’s coincident system peak demand and uses a fixed reference year of in 2006. Figure 1 shows the CPAU’s historical electric system peak from 2006 through 2014 and a forecast for the system peak for 2015 through 20254. Figure 1: Historical and forecasted annual system peak load Staff Recommendation Staff recommends setting the City’s methodology for calculating the NEM cap as 5% of the City’s system peak for electricity demand in 2006 of 190 MW, or 9.5 MW. The reference year (2006) has been utilized by staff since California Senate Bill 1 (SB1) took effect on January 1, 2007, which set a statewide goal of deploying 3,000 MW of new solar PV systems by 2017 and concurrently modified the California Public Utilities Code to raise the NEM cap from 0.5% to 2.5%5. Staff recommends fixing the cap in time, since increasing or decreasing the cap with future shifts in our electric load would result in erratic market dynamics and confusing messaging. For example, if the NEM cap was based on 5% of the prior year’s peak load, it could rise or fall on a yearly basis with changes in the utility’s peak load. However, certainty about the cap is necessary for customer decision making. The 9.5 MW value for the City’s NEM cap has been referenced in multiple staff reports6, but staff now recommends that Council formally 4 The displayed annual system peak forecast is from the FY15 electric utilities long-term financial plans. 5 The NEM cap was later raised from 2.5% to the current 5% in 2010 by Assembly Bill 510. 6 For instance, in 2014 the City’s NEM cap of 9.5 MW is referenced in the staff reports on the Local Solar Plan and Net Energy Metering Aggregation, respectively: https://www.cityofpaloalto.org/civicax/filebank/documents/39981 and https://www.cityofpaloalto.org/civicax/filebank/documents/40192. City of Palo Alto Page 5 adopt the NEM cap as it nears the cap for the reasons set forth below. The City’s NEM installations are currently approximately 70% of the proposed 9.5 MW NEM cap and staff estimates that the cap will be reached by the end of 2016. In addition to adopting an explicit NEM cap calculation methodology, communicating Palo Alto’s progress toward the NEM cap is critical so as to not impede the marketplace for solar PV and other on-site renewable energy generation technologies7. As the City approaches its NEM cap, staff will begin reporting regularly on progress toward the cap on the City’s main solar webpage8 and in the Utilities Quarterly Update in order to further support market certainty and inform customer decision-making. Alternative NEM Cap Calculation Methodologies that Were Evaluated Table 2 below shows the proposed methodology and three alternatives that were evaluated by City staff but ultimately not recommended here, and the resultant NEM caps for each. Staff does not recommended the alternative approaches because the proposed NEM cap calculation methodology satisfies the City’s regulatory obligations, is straightforward to calculate, promotes continued deployment of distributed generation, is consistent with all prior references to the City’s NEM cap, and will establish steady market dynamics and consistent messaging for customers and installers within CPAU service territory. Staff’s proposed methodology for calculation of the NEM cap is also consistent with our POU peers. The Sacramento Municipal Utility District (SMUD) and the fourteen POUs that comprise the Northern California Power Agency are all interpreting “aggregate peak demand” as coincident system peak9. Our fellow POUs are all using the proposed methodology, Alternative #1, Alternative #2 or slight variations to calculate their respective NEM caps. Table 2: Alternative methodologies for calculating the NEM cap Methodology Name Description Resultant NEM Cap Proposed (Current Practice) 5% of 2006 system peak 9.5 MW Alternative #1 5% of prior year system peak (2014) 8.6 MW Alternative #2 5% of 10-year historical system peak (2008) 9.8 MW Alternative #3 5% of the sum of individual customers’ peak demands (IOU methodology) Unknown 7 Both adopting a clear NEM cap calculation methodology and regularly communicating the progress toward the cap are identified as key findings by the National Renewable Energy Laboratory in a survey of state best practices and experiences on important policy design considerations for net energy metering. (http://www.nrel.gov/docs/fy14osti/61858.pdf) 8 http://www.cityofpaloalto.org/solar 9 SMUD recently clarified their NEM cap calculation methodology for their service territory, which is consistent with the proposed NEM cap calculation methodology for Palo Alto. See “3. Net Energy Metering Language Change” on page 41: https://www.smud.org/assets/documents/pdf/2015-GM-Rate-Report-Vol-1.pdf. City of Palo Alto Page 6 For Palo Alto, Alternatives #1 and #2 would result in a slightly lower and higher NEM cap, respectively. Staff does not recommend changing the cap calculation methodology to either Alternative #1 or Alternative #2 because the difference is small compared to the proposed methodology, and it would be a change from the cap and methodology referenced in prior staff reports. The IOU methodology is included in Table 2 as “Alternative #3”; however, the value of CPAU’s NEM cap using the IOU methodology is not straightforward to calculate without full deployment of advanced metering infrastructure or a cost of service analysis. Staff’s initial estimates of a NEM cap using the IOU methodology is between 8.6 and 17 MW. Should such a methodology be imposed on Palo Alto and other POUs, staff will undertake the necessary steps to ensure proper implementation. Adopting the IOU methodology (Alternative #3) to calculate the NEM cap could result in a significantly higher NEM cap compared to the staff’s proposal. Without a legal mandate to do so, the City would need to carefully examine a higher cap in the context of the department’s upcoming COSA. Rule & Regulation 29, Net Energy Metering Service and Interconnection Modifications to Utilities Rule and Regulation 2 (RR2), Utilities Rule & Regulation 29 (RR29) and the NEM and Interconnection Agreements for NEM and NEM Aggregator customers are required to clarify the NEM cap. Staff’s proposed amendments to RR2 and RR29 include, without limitation, addition of the definition of “NEM Cap” and “Total Rated Generating Capacity.” RR2 and RR29 apply to all customers that have signed a NEM and Interconnection Agreement, as required, when interconnecting their system to the electric utility. Policy Impact Formally adopting a methodology for calculating the NEM cap will promote greater market certainty and transparency for customers and renewable energy installers operating within the community and is consistent with NEM legislative and regulatory obligations and the Council- adopted Local Solar Plan to promote distributed solar projects. Next Steps Staff plans to bring proposed design guidelines for a NEM successor program for all on-site generation systems installed after the NEM cap has been reached to the UAC, Finance Committee, and Council starting in Fall 2015. Resource Impact Formal adoption of the proposed NEM cap calculation methodology and modifications to the rules and regulations are not expected to impact staff or budget resources. If a different NEM cap methodology was adopted that increased the NEM cap, the additional costs would increase the Electric Fund budget and rates. City of Palo Alto Page 7 Environmental Impact Formal adoption of the City’s existing practice for calculating the NEM cap calculation and associated amendments to Utilities Rules and Regulations 2 and 29 do not meet the California Environmental Quality Act’s (CEQA) definition of “project” pursuant to California Public Resources Code Sec. 21065, thus no environmental review is required. Attachments:  Attachment A: Resolution to Formally Adopt NEM Cap (PDF)  Attachment B: Resolution to Modify Rule and Regulation 2 and 29 (PDF)  Attachment B-1: Proposed Rule and Regulation 2 (redlined) (PDF)  Attachment B-2: Proposed Rule and Regulation 29 (redlined) (PDF) Attachment A NOT YET APPROVED 151015 jjs 01-0071 1 Resolution No.____ Resolution of the Council of the City of Palo Alto to Formally Adopt a Net Energy Metering Cap Calculation Methodology RECITALS A. Net energy metering (NEM), is a billing arrangement that provides credit to customers for the full retail value of the electricity their system generates. B. State law requires all electric utilities to offer NEM to eligible customers with distributed renewable generation up to a maximum cap of 5% of the utility’s aggregate customer peak demand. C. The California Public Utilities Code affords publicly owned utilities (POUs), like Palo Alto, with the discretion to define “aggregate customer peak demand,” leaving matters such as the best method for calculating “aggregate customer peak demand” and what reference year to use up to the City. D. Given the flexibility available to POUs and other non-Investor Owned Utilities, there are a variety of differing methodologies in use for calculating the NEM cap across the state, resulting in confusion for utility customers and renewable energy installers operating across multiple utility service territories. E. Palo Alto staff’s current practice is to define the NEM cap to be 5% percent of the City’s peak demand achieved in 2006, or 9.5 megawatts (MW) fixed in time, and referenced this NEM cap in multiple staff reports. The City’s NEM installations are currently approximately 70% of the proposed 9.5 MW NEM cap and staff estimates that the cap will be reached by the end of 2016. F. Formally adopting the City’s current methodology for calculating the NEM cap in Palo Alto will promote greater market certainty and transparency for customers and renewable energy installers operating within the community and is consistent with NEM legislative and regulatory obligations and the Council-adopted Local Solar Plan to promote distributed solar projects. The Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. The City Council adopts the methodology for calculating the City’s NEM cap to be five (5) percent of the City’s aggregate customer peak demand, which is defined as 2006 historical system peak electric demand of 190 megawatts (MW) or 9.5 MW. // Attachment A NOT YET APPROVED 151015 jjs 01-0071 2 SECTION 2: The Council finds that the formal adoption of the NEM cap does not meet the California Environmental Quality Act’s definition of a “project” under Public Resources Code Section 21065, thus no environmental review is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ___________________________ Senior Deputy City Attorney City Manager ___________________________ Director of Utilities ___________________________ Director of Administrative Services Attachment B NOT YET APPROVED 151015 jjs 01-0071 1 Resolution No.____ Resolution of the Council of the City of Palo Alto to Amend Utilities Rule and Regulations 2 and 29 RECITALS A. On October 26, 2015, the Council of the City of Palo Alto adopted a Resolution determining that Net Energy Metering (NEM) cap is 9.5 megawatts (MW). B. The City must update its Rules and Regulations in order to incorporate the NEM cap definition into the City’s customer eligibility requirements for NEM. The Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rule and Regulation 2 (Definitions and Abbreviations) is hereby amended as attached and incorporated. Utility Rule and Regulation 2, as amended, shall become effective October 26, 2015. SECTION 2. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rule and Regulation 29 (Net Energy Metering Service and Interconnection) is hereby amended as attached and incorporated. Utility Rule and Regulation 2, as amended, shall become effective October 26, 2015. // // // // // // // // // // Attachment B NOT YET APPROVED 151015 jjs 01-0071 2 SECTION 3: The Council finds that the amendment of Utility Rules and Regulations 2 and 29 does not meet the California Environmental Quality Act’s definition of a “project” under Public Resources Code Section 21065, thus no environmental review is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ___________________________ Senior Deputy City Attorney City Manager ___________________________ Director of Utilities ___________________________ Director of Administrative Services DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 1 A. ABBREVIATIONS AMR - Automated Meter Reading AER - Advance Engineering Request Btu - British Thermal Unit ccf - Hundred Cubic Feet CEC - California Energy Commission CPAU - City of Palo Alto Utilities CPUC - California Public Utilities Commission. ERU - Equivalent Residential Unit FERC - Federal Energy Regulatory Commission kVar - Kilovar kVarh - Kilovar-hours kW - Kilowatt kWh - Kilowatt-hour MW - Megawatt MMBtu - One million Btus. NEC - National Electric Code, Latest Version NEM - Net Energy Metering NEMA - Net Energy Metering Aggregation NEMIA - Net Energy Metering Interconnection Agreement NRTL - Nationally Recognized Testing Laboratory PAMC - Palo Alto Municipal Code PSIG - Per square inch gauge PST - Pacific Standard Time RWQCP - Regional Water Quality Control Plant UUT - Utilities Users Tax B. GENERAL DEFINITIONS Account The identification number in CPAU’s billing system for Utility Services. ATTACHMENT B-1 DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 2 Agency Any local, county, state or federal governmental body or quasi-governmental body, including, without limitation, the CPUC, the FERC and any joint powers agency, but excluding the City and any board, commission or council of the City. Aggregation Customer A Customer with a Renewable Electrical Generationng Facility wishing to install an eligible Renewable Electrical Generationng Facility that is sized to offset separately metered electric loads on adjacent or contiguous properties that are solely owned, leased, or rented by them, and who have signed the Net Energy Metering Interconnection Agreement for NEM Aggregation. Applicant An individual, corporation, partnership, Agency, or other legal entity or authorized agent of same, requesting CPAU to supply any or all of the following: 1. Electric Service 2. Water Service 3. Gas Service 4. Wastewater Collection 5. Refuse Service 6. Storm and Surface Water Drainage Service 7. Fiber Optics Service Or, an entity submitting an Application for Interconnection pursuant to Rule 27. Application (for Interconnection of Generating Facilities) An approved standard form (Load Sheet) submitted to CPAU for Interconnection of a Generating Facility. Beneficiary Account The Electric Service Meter(s) serviced by an Aggregation Customer’s Generating Facility, as listed on the Aggregation Customer’s NEMA-IA form. Bidweek Price Index The price reported in Natural Gas Intelligence “NGI’s Bidweek Survey”, California “PG&E Citygate” under the column “avg.” for the calendar month. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 3 Billing Period Also “service period” or “billing cycle”. The normal Billing Period for CPAU Customers is approximately 30 days, with variations occurring due to staff availability, holiday scheduling, field verification of Meter readings, or any other billing-related issues requiring additional investigation prior to issuance of the bill.. British Thermal Unit Also “Btu”. The standard sub-unit of measurement comprising a Therm of natural Gas. One (1) Therm equals 100,000 Btu. Business Day Any day, except a Saturday, Sunday, or any day observed as a legal holiday by the City. Certification Test A test pursuant to Rule 27 that verifies conformance of certain equipment with approved performance standards in order to be classified as Certified Equipment. Certification Tests are performed by NRTLs. Certification; Certified; Certificate The documented results of a successful Certification Test. Certified Equipment Equipment that has passed all required Certification Tests. Charge Any assessment, cost, fee, surcharge or levy for Utility Service other than a Tax, including metered and unmetered Utility Service, capacity, connections, construction, penalties, and mandated or required Customer financial obligations for Service. Charter The Charter of the City of Palo Alto. City Attorney The individual designated as the City Attorney of the City under Section 2.08.120 of Chapter 2.08 of Title 2 of the Palo Alto Municipal Code, and any Person who is designated the representative of the City Attorney. City’s Collector The Person(s) authorized under Section 5.20.040 of the Palo Alto Municipal Code to provide collection, DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 4 processing and disposal of solid waste, Compostable Materials and Recyclable Materials pursuant to one or more written contracts with the City. City Manager The individual designated as the City Manager of the City under Section 2.08.140 of Chapter 2.08 of Title 2 of the Palo Alto Municipal Code, and any Person who is designated the representative of the City Manager. City of Palo Alto, or City The government of the City of Palo Alto, a chartered City and a municipal corporation duly organized and validly existing under the Laws of the State of California, with a principal place of business located at 250 Hamilton Avenue, Palo Alto, County of Santa Clara. For the purposes of these Rules and Regulations, the term “City” may include services provided by both the City of Palo Alto Utilities Department and the City of Palo Alto Public Works Department. City of Palo Alto Public Works Department (Public Works) The City Department responsible for providing Refuse Service, Wastewater Treatment and Storm and Surface Water Drainage Utility Services. Other Utility Services such as Water, Gas, Electric, Wastewater Collection, and Fiber Optics are provided by the City of Palo Alto Utilities Department. City of Palo Alto Utilities Department (CPAU) The City Department responsible for providing Water, Gas, Electric, Wastewater Collection and Fiber Optic Utility Services. Other Utility Services such as Refuse Service, Wastewater Treatment and Storm and Surface Water Drainage are provided by the City of Palo Alto Public Works Department. Code The words "the Code" or "this Code" shall mean the Palo Alto Municipal Code. Commercial Service Commercial Utility Service is provided to businesses, non-profit organizations, public institutions, and industrial Customers. The term also applies to Utility Services through Master Meters serving multi- family Residential dwellings and common areas of multi-family facilities. Compostable Materials Organic materials designated by the City as acceptable for collection and processing. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 5 Container Any receptacle used for storage of solid waste, Recyclable Materials, Compostable Materials or other materials designated by the City to be collected by the City’s Collector. Examples of containers include carts, bins, compactors and drop boxes. Cubic Foot of Gas (cf) The quantity of Gas that, at a temperature of sixty (60) degrees Fahrenheit and a pressure of 14.73 pounds per square inch absolute, occupies one cubic foot. Curtailment The act of reducing or interrupting the delivery of natural Gas. Customer The Person, corporation, Agency, or entity that receives or is entitled to receive Utility Service(s) from the City of Palo Alto, or in whose name Service is rendered for a particular Account as evidenced by the signature on the Application, contract, or agreement for Service. In the absence of a signed instrument, a Customer shall be identified by the receipt of any payment of bills regularly issued in the name of the Person, corporation, or Agency regardless of the identity of the actual user of the Utility Service(s). Customer-Generator: An “eligible customer-generator,” as that term is defined by the California Public Utilities Code section 2827, as the same may be amended from time to time. Dark Fiber A Fiber Optic cable provided to end-users or resellers by CPAU without any of the light transmitters, receivers, or electronics required for telecommunications over the Fiber. Infrastructure for Fiber Optic activation is provided by the reseller or end-user. Dark Fiber Infrastructure Components of the CPAU Fiber Optic Distribution System required to provide Service to Customers (licensees), that are attached, owned, controlled or used by the City, located overhead or underground within the Public Right-of-Way, the Public Utility Easements and Leased Service Properties. Dedicated Distribution Transformer A Distribution Transformer that is dedicated to serving a single premise. Demand The highest rate of delivery of Electric energy, measured in Kilowatts (kW) or kilovolt amperes (kVA) DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 6 occurring instantaneously or registered over a fixed time period (normally fifteen minutes unless otherwise specified within a monthly billing cycle). Demand Charge An electrical Charge or rate that is applied to a metered Demand reading expressed in Kilowatts to compute a Demand Charge component of a Customer’s Electric bill. Demarcation Point The Demarcation Point for a project shall be the Customer side of the panel onto which the CPAU Fiber terminates within the Customer Premises, unless otherwise specified in the Proposal for Dark Fiber Services. Distribution Services Includes, but is not limited to, Utility Service provided by the Distribution System and other Services such as billing, meter reading, administration, marketing, and Customer Services. Does not include Services directly related to the Interconnection of a Generating Facility as per Rule 27. Distribution System The infrastructure owned and operated by CPAU which is capable of transmitting electrical power, other than Interconnection Facilities, or transporting Water, Wastewater, or Gas within the City of Palo Alto. The Electric Distribution System transmits power from the City’s Interconnection with PG&E to CPAU’s Meter located on the Customer’s Premises. The Gas Distribution System transports Gas from PG&E receiving stations to CPAU’s Meter located on the Customer Premises. The Water Distribution System transports Water from the San Francisco Water Department receiving stations and CPAU wells to the meter located on the Customer Premises. The Wastewater Collection System transports sewage from the Customer’s Premises to the Water Quality Control Plant. Effluent Treated or untreated Wastewater flowing out of a Wastewater treatment facility, sewer, or industrial outfall. Electric, Electric Service Utility Service provided to residents and business owners in the City of Palo Alto consisting of generation, transmission, and distribution of electrical power for retail use. Electric Service is provided by the City of Palo Alto Utilities Department. Emergency An actual or imminent condition or situation, which jeopardizes CPAU’s Distribution System Integrity. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 7 Emergency Service Electric Service supplied to, or made available to, Load devices which are operated only in Emergency situations or in testing for same. Energy Services Energy commodity and any applicable ancillary Services used to generate and transport such commodity from its origin to the City’s Point of Receipt. May also mean the sale of value added Services associated or related to the Provision and/or usage of energy commodity. Equivalent Residential Unit (ERU) This is the basic unit for computing storm and surface water drainage fees. All single-family Residential properties are billed the number of ERU’s specified in the table contained in Utility Rate Schedule D-1, according to parcel size. All other properties have ERU's computed to the nearest 1/10 ERU using this formula: No. Of ERU = Impervious Area (sq. ft.) / 2,500 sq. ft. Fiber Optic, Fiber Optic Service A solid core of optical transmission material. Fiber Optic Service that is provided by the City of Palo Alto Utilities Department is referred to as Dark Fiber. Fiber Optic Backbone The high-density portion of the Dark Fiber Infrastructure installed and owned by the City. Force Majeure The occurrence of any event that has, had or may have an adverse effect on the design, construction, installation, management, operation, testing, use or enjoyment of the City’s Utility Services, which is beyond the reasonable control of the parties and which event includes, but is not limited to, an Act of God, an irresistible superhuman cause, an act of a superior governmental authority, an act of a public enemy, a labor dispute or strike or a boycott which could not be reasonably contemplated by the City or Customer affected thereby, a defect in manufactured equipment (including, but not limited to, the Dark Fibers), fire, floods, earthquakes, or any other similar cause. Function Some combination of hardware and software designed to provide specific features or capabilities. Its use, as in Protective Function, is intended to encompass a range of implementations from a single- purpose device to a section of software and specific pieces of hardware within a larger piece of equipment to a collection of devices and software. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 8 Gas Any combustible gas or vapor, or combustible mixture of gaseous constituents used to produce heat by burning. It shall include, but not be limited to, natural gas, gas manufactured from coal or oil, gas obtained from biomass or from landfill, or a mixture of any or all of the above. Gas, Gas Service Utility Service provided to residents and business owners in the City of Palo Alto consisting of procurement, transmission, and distribution of Gas for retail use. Gas Service is provided by the City of Palo Alto Utilities Department. Generating Facility All Generators, electrical wires, equipment, and other facilities owned or provided by Producer for the purpose of producing Electric power. This includes a solar or wind turbine Renewable Electrical Generationng Facility that is the subject of a Net Energy Metering and Interconnection Agreement and Rule and Regulation 29. Generator A device converting mechanical, chemical or solar energy into electrical energy, including all of its protective and control Functions and structural appurtenances. One or more Generators comprise a Generating Facility. Gross Nameplate Rating; Gross Nameplate Capacity The total gross generating capacity of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s). Initial Review The review by CPAU, following receipt of an Application, to determine the following: (a) whether the Generating Facility qualifies for Simplified Interconnection; or (b) if the Generating Facility can be made to qualify for Interconnection with a Supplemental Review determining any additional requirements. Inspector The authorized Inspector, agent, or representative of CPAU. Interconnection; Interconnected The physical connection of a Generating Facility in accordance with the requirements of the City’s Utilities Rules and Regulations so that Parallel Operation with CPAU’s Distribution System can occur (has occurred). DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 9 Interconnection Agreement An agreement between CPAU and the Producer providing for the Interconnection of a Generating Facility that gives certain rights and obligations to effect or end Interconnection. For the purposes of the City’s Utilities Rules and Regulations, the Net Energy Metering and Interconnection Agreement (for NEM and NEM Aggregation Customers), and the Power Purchase Agreements authorized by the City Council may be considered as Interconnection Agreements for purposes of defining such term. Interconnection Facilities The electrical wires, switches and related equipment that are required in addition to the facilities required to provide Electric Distribution Service to a Customer to allow Interconnection. Interconnection Facilities may be located on either side of the Point of Common Coupling as appropriate to their purpose and design. Interconnection Facilities may be integral to a Generating Facility or provided separately. Interconnection Study A study to establish the requirements for Interconnection of a Generating Facility with CPAU’s Distribution System. Internet Exchange Any Internet data center for telecommunications equipment and computer equipment for the purposes of enabling traffic exchange and providing commercial-grade data center services. Island; Islanding A condition on CPAU’s Electric Distribution System in which one or more Generating Facilities deliver power to Customers using a portion of CPAU’s Distribution System that is electrically isolated from the remainder of CPAU’s Distribution System. Junction A location on the Dark Fiber Infrastructure where equipment is installed for the purpose of connecting communication cables. Junction Site The area within the Transmission Pathway at which a Junction is located. Kilovar (kVar) A unit of reactive power equal to 1,000 reactive volt-amperes. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 10 Kilovar-hours (kVarh) The amount of reactive flow in one hour, at a constant rate of Kilovar. Kilowatt (kW) A unit of power equal to 1,000 watts. Kilowatt-hour (kWh) The amount of energy delivered in one hour, when delivery is at a constant rate of one Kilowatt; a standard unit of billing for electrical energy. Law Any administrative or judicial act, decision, bill, Certificate, Charter, Code, constitution, opinion, order, ordinance, policy, procedure, Rate, Regulation, resolution, Rule, Schedule, specification, statute, tariff, or other requirement of any district, local, municipal, county, joint powers, state, or federal Agency, or any other Agency having joint or several jurisdiction over the City of Palo Alto or City of Palo Alto Utilities or Public Works Customers, including, without limitation, any regulation or order of an official or quasi-official entity or body. Licensed Fibers One or more fibers comprising a part of the Dark Fiber Infrastructure that are dedicated to the exclusive use of the Customer under the Provisions of the Dark Fiber License Agreement, Proposal to Dark Fiber Services Agreement and the Utilities Rules and Regulations. Licensed Fibers Route A defined path of Licensed Fibers that is identified by specific End Points. Load(s) The Electric power Demand (kW) of the Customer at its Service Address within a measured period of time, normally 15 minutes, or the quantity of Gas required by a Customer at its Service Address, measured in MMBtu per Day. Main Wastewater Line Any Wastewater line not including a building connection (Service) sewer. Master-metering Where CPAU installs one Service and Meter to supply more than one residence, apartment dwelling unit, mobile home space, store, or office. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 11 Maximum Generation For a customer with a non-utility generator located on the customer’s side of the Point of Common Coupling, the Maximum Generation for that non-utility generator during any billing period is the maximum average generation in kilowatts taken during any 15-minute interval in that billing period provided that in case the generator output is intermittent or subject to violent fluctuations, the City may use a 5-minute interval. Meter The instrument owned and maintained by CPAU that is used for measuring either the Electricity, Gas or Water delivered to the Customer. Metering The measurement of electrical power flow in kW and/or energy in kWh, and, if necessary, reactive power in kVar at a point, and its display to CPAU as required by Rule 27. Metering Equipment All equipment, hardware, software including Meter cabinets, conduit, etc., that are necessary for Metering. Meter Read The recording of usage data from Metering Equipment. Minimum Charge The least amount for which Service will be rendered in accordance with the Rate Schedule. Momentary Parallel Operation The Interconnection of a Generating Facility to the Distribution System for one second (60 cycles) or less. Nationally Recognized Testing Laboratory (NRTL) A laboratory accredited to perform the Certification Testing requirements under Rule 27. Net Electricity Consumer A Customer-Generator whose Generating Facility produces less electricity than is supplied by CPAU during a particular period, as such definition may otherwise be modified or supplemented by any definition in California Public Utilities Code section 2827(h)(2), as the same may be amended from time to time. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 12 Net Energy Metering Net Energy Metering means measuring the difference between the electricity supplied through CPAU’s Electric utility Distribution System and the electricity generated by the customer-generator’s facility and delivered to CPAU’s Electric utility Distribution System over a specified twelve-month period. Net Energy Metering Cap (NEM Cap) Five (5) percent of the historical system peak of 190 MW from 2006, or 9.5 MW, using the CEC’s Alternating Current (AC) capacity rating. Where the CEC AC rating is not available, CPAU will multiply the inverter AC nameplate rating by 0.86. Net Generation Metering Metering of the net electrical power of energy output in kW or energy in kWh, from a given Generating Facility. This may also be the measurement of the difference between the total electrical energy produced by a Generator and the electrical energy consumed by the auxiliary equipment necessary to operate the Generator. Net Nameplate Rating The Gross Nameplate Rating minus the consumption of electrical power of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s). Net Surplus Customer-Generator A Customer-Generator who’s Generating Facility produces more electricity than is supplied by CPAU, during a particular period, as such definition may otherwise be modified or supplemented by any definition in California Public Utilities Code section 2827(h)(3), as the same may be amended from time to time. Net Surplus Electricity Compensation A per kilowatthour rate offered by CPAU to the Net Surplus Customer-Generators (excluding Aggregation Customers) for net surplus electricity, as such definition may otherwise be modified or supplemented by any definition in California Public Utilities Code section 2827(b)(8), as the same may be amended from time to time. Non-Islanding Designed to detect and disconnect from an Unintended Island with matched Load and generation. Reliance solely on under/over voltage and frequency trip is not considered sufficient to qualify as Non- Islanding. Occupied Domestic Dwelling DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 13 Any house, cottage, flat, or apartment unit having a kitchen, bath, and sleeping facilities, which is occupied by a Person or Persons. Parallel Operation The simultaneous operation of a Generator with power delivered or received by CPAU while Interconnected. For the purpose of this Rule, Parallel Operation includes only those Generating Facilities that are Interconnected with CPAU’s Distribution System for more than 60 cycles (one second). Performance Test, Performance Tested After the completion of any Fiber Interconnection work, the City will conduct a Performance Test of each Fiber constituting a part of the proposed leased fibers to determine its compliance with the Performance Specifications. Performance Specifications These specifications will include, but not be limited to, criteria relating to end-to-end optical time domain reflectometer data plots that identify the light optical transmission losses in each direction along the leased fibers whenever the testing is possible, measured in decibels at a wavelength of 1310 or 1550 nanometers for singlemode Fiber, as a Function of distance, measured in kilometers. Person Any individual, for profit corporation, nonprofit corporation, limited liability company, partnership, limited liability partnership, joint venture, business, family or testamentary trust, sole proprietorship, or other form of business association. PG&E Citygate The PG&E Citygate is the point at which PG&E’s backbone transmission system connects to PG&E’s local transmission system. Point of Common Coupling (PCC) The transfer point for electricity between the electrical conductors of CPAU and the electrical conductors of the Producer. Point of Common Coupling Metering Metering located at the Point of Common Coupling. This is the same Metering as Net Generation Metering for Generating Facilities with no host load. Point of Delivery (POD) DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 14 Unless otherwise specified, the following definitions apply: For Electric, that location where the Service lateral conductors connect to the Customer’s Service entrance equipment; for overhead Services, the POD is at the weather-head connection; for under-ground Services, the POD is located at the terminals ahead of or at the Meter; for multiple Meter arrangements with connections in a gutter, the POD is at the Meter terminals (supply-side); for multiple Meter arrangements in a switchboard, the POD is typically at the connectors in the utility entrance section; for Natural Gas, the POD is the point(s) on the Distribution System where the City delivers natural Gas that it has transported to the Customer. Point of Interconnection The electrical transfer point between a Generating Facility and the Distribution System. This may or may not be coincident with the Point of Common Coupling. Point of Service (POS) Where CPAU connects the Electric Service lateral to its Distribution System. For Fiber Optics Service, this is where CPAU connects the Fiber Service to the backbone. This point is usually a box located in or near the street or sidewalk and can be in the Public Right-of-Way. This point is at a mutually agreed upon location established at the time of installation. Pole Line Overhead wires and overhead structures, including poles, towers, support wires, conductors, guys, studs, platforms, cross arms braces, transformers, insulators, cutouts, switches, communication circuits, appliances attachments, and appurtenances, located above ground and used or useful in supplying Electric, communication, or similar or associated Service. Power Factor The percent of total power delivery (kVA) which does useful work. For billing purposes, average Power Factor is calculated from a trigonometric function of the ratio of reactive kilovolt-ampere-hours to the Kilowatt-hours consumed during the billing month. Power Factor is a ratio that reflects the reactive power used by a Customer. CPAU maintains an overall system Power Factor above 95% to reduce distribution system losses caused by low Power Factor. Power Factor Adjustment CPAU must install additional equipment to correct for Customers that maintain a low Power Factor, and may make a Power Factor Adjustment to a Customer’s bill to account for those costs and the additional energy costs and losses incurred by CPAU due to the Customer’s low Power Factor. Premises All structures, apparatus, or portion thereof occupied or operated by an individual(s), a family, or a DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 15 business enterprise, and situated on an integral parcel of land undivided by a public street, highway, or railway. Primary Service CPAU Electric distribution Service provided to a Customer’s Premises at a voltage level equal to or greater than 1000 volts. Producer The entity that executes an Interconnection Agreement with CPAU. The Producer may or may not own or operate the Generating Facility, but is responsible for the rights and obligations related to the Interconnection Agreement. Proposal for Dark Fiber Services A project-specific Service agreement that acts as a supplemental document for the Dark Fiber License Agreement. This Service agreement shall include the proposed Interconnection fees, applicable Fiber licensing fees, term of the Service, and summary of licensed Fiber elements. Protective Function(s) The equipment, hardware and/or software in a Generating Facility (whether discrete or integrated with other Functions) whose purpose is to protect against Unsafe Operating Conditions. Provision Any agreement, circumstance, clause, condition, covenant, fact, objective, qualification, restriction, recital, reservation, representation, term, warranty, or other stipulation in a contract or in Law that defines or otherwise controls, establishes, or limits the performance required or permitted by any party. Prudent Utility Practices The methods, protocols, and procedures that are currently used or employed by utilities to design, engineer, select, construct, operate and maintain facilities in a dependable, reliable, safe, efficient and economic manner. Public Right-of-Way The areas owned, occupied or used by the City for the purposes of furnishing retail and/or wholesale Electricity, Gas, Water, Wastewater, Storm and Surface Water Drainage, Refuse Service or communications commodity and/or distribution Service, and the means of public transportation, to the general public, including but not limited to, the public alleys, avenues, boulevards, courts, curbs, gutters, lanes, places, roads, sidewalks, sidewalk planter areas, streets, and ways. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 16 Public Utility Easements The areas occupied or used by the City for the purpose of providing Utility Service to the general public, and all related Services offered by the City’s Utilities Department and/or Public Works Department, the rights of which were acquired by easements appurtenant or in gross, or are other interests or estates in real property, or are the highest use permitted to be granted by the nature of the City’s interest in and to the affected real property. This term incorporates all public Service easements for Utility Services that have been recorded by the City with the Recorder of the County of Santa Clara, California. Public Works Department See City of Palo Alto Public Works Department. Rate Schedule One or more Council-adopted documents setting forth the Charges and conditions for a particular class or type of Utility Service. A Rate Schedule includes wording such as Schedule number, title, class of Service, applicability, territory, rates, conditions, and references to Rules. Recyclable Materials Materials designated by the City as acceptable for recycling collection and processing. Refuse Service Refuse Service includes weekly collection, processing and disposal of materials properly deposited in the City Collector’s provided Containers for solid waste, as well as weekly collection and processing of Recyclable Materials, weekly collection and processing of Compostable Materials, ongoing maintenance of the closed Palo Alto Landfill, zero waste programs, street sweeping service, the household hazardous waste program, and the annual Clean Up Day. Renewable Electrical Generationng Facility A Generationng Facility eligible for NEM under California Public Utilities Code section 2827 et seq. as the same may be amended from time to time. Reserved Capacity For a customer with one or more non-utility generators located on the customer’s side of the Point of Common Coupling, the Reserved Capacity for each billing period is the lesser of 1) the sum of the Maximum Generation for that period for all non-utility generation sources; or 2) the maximum average customer demand in kilowatts taken during any 15-minute interval in the billing period provided that in case the load is intermittent or subject to violent fluctuations, the City may use a 5-minute interval. Residential Service DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 17 Utility Service provided to separately metered single family or multi-family, domestic dwelling. Rules and Regulations See Utilities Rules and Regulations Scheduling Coordinator An entity providing the coordination of power schedules and nominations to effect transportation and distribution of Gas, Electric power and energy. Secondary Service CPAU Electric distribution Service provided to a Customer’s Premises at a voltage level less than 1000 volts. Service(s) Utility Services offered by the City of Palo Alto include Electric, Fiber Optics, Gas, Water, Wastewater Collection services provided by the Utilities Department (CPAU); and Refuse Service, Wastewater Treatment, and Storm and Surface Water Drainage Services provided by the Public Works Department. Service Address The official physical address of the building or facility assigned by CPAU’s Planning Department, at which Customer receives Utility Services. Service Charge A fixed monthly Charge applicable on certain Rate Schedules that does not vary with consumption. The Charge is intended to recover a portion of certain fixed costs. Service Drop The overhead Electric Service conductors from the last pole or other aerial support to and including the splices, if any, connecting to the service entrance conductors at the building or other structure. Or, in the case of Fiber Optic Drops, the overhead Fiber Optics cable from the last pole or other aerial support to the building or other structure to and including the termination box. Services or Service Lines Facilities of CPAU, excluding transformers and Meters, between CPAU’s infrastructure and the Point of Delivery to the Customer. Service Territory The geographic boundaries within the City of Palo Alto limits served by the physical Distribution DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 18 System of the CPAU. Short Circuit (Current) Contribution Ratio (SCCR) The ratio of the Generating Facility’s short circuit contribution to the short circuit contribution provided through CPAU’s Distribution System for a three-phase fault at the high voltage side of the distribution transformer connecting the Generating Facility to CPAU’s system. Simplified Interconnection An Interconnection conforming to the minimum requirements as determined under Rule 27, Section I. Single Line Diagram; Single Line Drawing A schematic drawing, showing the major Electric switchgear, Protective Function devices, wires, Generators, transformers and other devices, providing sufficient detail to communicate to a qualified engineer the essential design and safety of the system being considered. Special Facilities See CPAU’s Rule and Regulation 20 governing Special Facilities. Splice A point where two separate sections of Fiber are physically connected. Standard Refuse Container A Standard Refuse Container shall have the meaning described in the Palo Alto Municipal Code. A Standard Container shall also include a wheeled container with a capacity of not to exceed 32 gallons. Standby Service Back-up Energy Services provided by CPAU. Storm and Surface Water Drainage Utility Service provided to residents and business owners in the City of Palo Alto. Storm and Surface Water Drainage Service is provided by the City of Palo Alto Public Works Department. Supplemental Review A process wherein CPAU further reviews an Application that fails one or more of the Initial Review Process screens. The Supplemental Review may result in one of the following: (a) approval of Interconnection; (b) approval of Interconnection with additional requirements; or (c) cost and schedule for an Interconnection Study. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 19 System Integrity The condition under which a Distribution System is deemed safe and can reliably perform its intended Functions in accordance with the safety and reliability rules of CPAU. Tax Any assessment, Charge, imposition, license, or levy (including any Utility Users Tax) and imposed by any Agency, including the City. Telemetering The electrical or electronic transmittal of Metering data in real-time to CPAU. Temporary Service Service requested for limited period of time or of indeterminate duration such as, but not limited to, Service to provide power for construction, seasonal sales lots (Christmas trees), carnivals, rock crushers or paving plants. Temporary Service does not include Emergency, breakdown, or Standby Service. Therm A Therm is a unit of heat energy equal to 100,000 British Thermal Units (Btu). It is approximately the energy equivalent of burning 100 cubic feet (often referred to as 1 ccf) of natural Gas. Since Meters measure volume and not energy content, a Therm factor is used to convert the volume of Gas used to its heat equivalent, and thus calculate the actual energy use. The Therm factor is usually in the units therms/ccf. It will vary with the mix of hydrocarbons in the natural Gas. Natural Gas with a higher than average concentration of ethane, propane or butane will have a higher Therm factor. Impurities, such as carbon dioxide or nitrogen lower the Therm factor. Total Rated Generating Capacity Total Rated Generating Capacity will be calculated as the sum of the rated generating capacity of all installed Renewable Electrical Generation Facilities participating in NEM or NEM Aggregation. The rated generating capacity for each individual Renewable Electrical Generation Facility participating in NEM or NEM Aggregation will be calculated as follows: 1. For Solar: For each Renewable Electrical Generation Facility that is a solar photovoltaic generating facility, CPAU will use the CEC’s Alternating Current (AC) rating; or where the CEC AC rating is not available, CPAU will multiply the inverter AC nameplate rating by 0.86; and 2. For Non-Solar: For all other Renewable Electrical Generation Facilities, CPAU will use the DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 20 AC nameplate rating of the generating facility. Transfer Trip A Protective Function that trips a Generating Facility remotely by means of an automated communications link controlled by CPAU. Transmission Pathway Those areas of the Public Right-of-Way, the Public Utility Easements and the Leased Service Properties in which the Dark Fiber Infrastructure is located. Trap Any approved equipment or appliance for sealing an outlet from a house-connection sewer to prevent the escape of sewer Gas from a main line through a building connection (service) sewer. Underground Utility District An area in the City within which poles, overhead electric or telecommunication wires, and associated overhead structures are prohibited or as otherwise defined in Section 12.04.050 of the PAMC. Unintended Island The creation of an Island, usually following a loss of a portion of CPAU’s Distribution System, without the approval of CPAU. Unsafe Operating Conditions Conditions that, if left uncorrected, could result in harm to personnel, damage to equipment, loss of System Integrity or operation outside pre-established parameters required by the Interconnection Agreement. Utilities Department See City of Palo Alto Utilities Department. Utilities Director The individual designated as the Director of Utilities Department under Section 2.08.200 of Chapter 2.08 of Title 2 of the Palo Alto Municipal Code, and any Person who is designated the representative of the director of utilities. Utility(ies) Rules and Regulations, Rules and Regulations The compendium of Utilities Rules and Regulations prepared by the City’s Utilities and Public Works Departments and adopted by ordinance or resolution of the Council pursuant to Chapter 12.20 of the DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 710-126-2015 Sheet No 21 Palo Alto Municipal Code, as amended from time to time. Utility(ies) Service(s), Service(s) Electric, Fiber optics, Water, Gas, Wastewater collection services provided by the City of Palo Alto Utilities Department (CPAU) and Refuse Service, Wastewater Treatment and Storm and Surface Water Drainage services provided by the City of Palo Alto Public Works Department. Utilities User Tax (UUT) City of Palo Alto Tax imposed on Utility Charges to a Water, Gas, and/or Electric Service user. This may include Charges made for Electricity, Gas, and Water and Charges for Service including Customer Charges, Service Charges, Standby Charges, Charges for Temporary Services, Demand Charges, and annual and monthly Charges, as described in Chapter 2.35 of the Palo Alto Municipal Code. Wastewater Utility Service provided to residents and business owners in the City of Palo Alto. Wastewater Utility Services include collection and treatment of Wastewater. Wastewater Collection Service is provided by the City of Palo Alto Utilities Department, and Wastewater Treatment Service is provided by the City of Palo Alto Public Works Department. Water Utility Service provided to residents and business owners in the City of Palo Alto for retail use. Water Service is provided by the City of Palo Alto Utilities Department. Water Column (WC) Pressure unit based on the difference in inches between the heights of water columns as measured in a manometer. 6” WC = 0.217 psi; 7” WC = 0.25 psi. (END) NET ENERGY METERING SERVICE AND INTERCONNECTION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-26-20159-16-2014 Sheet No. 1 A. APPLICABILITY This Rule and Regulation is applicable to any City of Palo Alto Utilities (“CPAU”) Customer that is an eligible Customer-Generator under the California Public Utilities Code that desires to participate in Net Energy Metering (“NEM”) or Net Energy Metering Aggregation (“NEM Aggregation”) with a Renewable Electrical Generation Facility, not to exceed 1 MW on premises within CPAU service territory to operate in parallel with the CPAU distribution system, so long as there is availability remaining within the NEM Cap as defined in Rule 2. B. SCOPE Notwithstanding the requirements and charges set forth in this Rule 29, CPAU reserves the right to impose any requirements set forth in Rule 27 that are additional to or more stringent than those set forth in this Rule 29, including those related to billing and charges, on NEM and NEM Aggregation Customers to the maximum extent permitted by state law (Cal. Pub. Util. Code § 2827 et seq., as the same may be amended from time to time). C. CUSTOMER ELIGIBILITY 1.General Requirements. In order to be eligible to participate in NEM or NEM Aggregation, a Customer must: a.Be a Customer-Generator, pursuant to the definition set forth in Rule and Regulation 2. b.Construct, design, install, interconnect, operate and maintain a Renewable Electrical Generation Facility (or combination of such facilities) that is: i.On the Customer-Generator’s owned, leased or rented Premises, ii.Of a total capacity of not more than one (1) MW (or 1,000 kW), iii. Intended primarily to offset part or all of the Customer-Generator’s own Electric Service requirements, and iv.Is not used to sell to any third person, or otherwise provide Electric ATTACHMENT B-2 NET ENERGY METERING SERVICE AND INTERCONNECTION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-26-20159-16-2014 Sheet No. 2 Service to any real estate parcel, premise, or location other than those that are the subject of the Customer-Generator’s Interconnection Agreement (IA) c. Complete and provide CPAU with all required agreements, supporting documents, and any payments related to interconnection c2. NEM Cap. Complete and provide CPAU with all required agreements, supporting documents, and any payments related to interconnection Customers remain eligible for NEM and NEM Aggregation until such time as the Total Rated Generating Capacity used by NEM and NEM Aggregation Customers combined reachesexceeds CPAU’s NEM Cap. NEM is available on a first-come, first-served basis. Once the NEM Cap has been reachedreached, Net Energy MeteringNEM Service and Interconnection will be closed to new customers. 23. Additional Requirements for NEM Aggregation. In addition to those eligibility requirements set forth in Section 1(a) of this Rule and Regulation 29, a CPAU Customer is only eligible to participate in NEM Aggregation where: a. The Customer-Generator elects to aggregate Electric Service of the meters located on the property where the Renewable Electrical Generation Facility is located across properties that are adjacent or contiguous with that property; and b. All properties across which the Customer-Generator elects to aggregate are solely owned, leased, or rented by the eligible Customer. D. BILLING FOR NEM 1. General Rules a. Twelve Month True Up Period i. At the end of each twelve-month period following: aa. The date of Interconnection of the Renewable Electrical Generationng Facility, or NET ENERGY METERING SERVICE AND INTERCONNECTION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-26-20159-16-2014 Sheet No. 3 bb. For a Customer with a date of Interconnection of the Generating Facility commencing prior to February 1, 2010, the day after CPAU’s receipt of the Customer’s net surplus electricity election form ii. CPAU will determine whether the Customer-Generator is a Net Electricity Consumer or a Net Surplus Customer-Generator during that period. b. CPAU will bill the Customer-Generator for the electricity used during that twelve- month period, whether the Customer-Generator is considered a Net Electricity Consumer or a Net Surplus Customer-Generator. c. CPAU shall provide the Customer-Generator with net electricity consumption information with each monthly bill; that information shall include either the current monetary balance owed to CPAU or the current amount of excess electricity produced since the last twelve-month period. d. If the Customer-Generator terminates the contractual relationship with CPAU, then CPAU shall reconcile the Customer-Generator’s consumption and production of electricity during any part of the twelve-month period following the last annual settlement and reconciliation, using the procedures as outlined in this Rule. e. For a Customer-Generator who has submitted an affirmative election, CPAU will provide either Net Surplus Electricity Compensation in accordance with Electric Utility Rate Schedule E-NSE-1, for any net surplus electricity generated during the prior twelve-month settlement period, or bill credits resulting from net surplus electricity generation to be applied against electricity-related charges subsequently incurred by the Customer-Generator. f. If the Customer-Generator fails to make an affirmative election to receive Service pursuant to Net Surplus Electricity Compensation, then CPAU shall retain any excess electricity (expressed in Kilowatt-hours) generated during the prior twelve-month settlement period, and it shall not be obligated to pay Net Surplus Electricity Compensation, nor shall it be obligated to allow the application of net surplus electricity credits to be used against Energy charges subsequently incurred by the Customer-Generator. NET ENERGY METERING SERVICE AND INTERCONNECTION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-26-20159-16-2014 Sheet No. 4 g. CPAU will allow a Customer to change the election option once each twelve-month settlement period provided that the Customer provides notice to CPAU one month prior to the beginning of new settlement period. 2. Monthly Billing a. Medium and large commercial Customer-Generators will be required to pay any balances due to CPAU on a monthly basis. b. Except as annual billing is provided for in this Rule 29, residential and small commercial Customer-Generators will default to owing balances due on a monthly basis, but may request annual billing as allowed for in California Public Utilities Code sections 2827 (g) and (h)(2)(c). c. Standby service charges for backup or maintenance electric service will be waived, provided that the Customer-Generator qualifies for participation in net energy metering at the Service Address d. For a Net Surplus Customer-Generator in a given month, any credits created will be carried forward to future months, to be used for future electric charges, until the end of the Customer-Generators Twelve Month True-Up Period. 3. Annual Billing a. Customers may request annual billing as allowed for in California Public Utilities Code sections 2827 (g) and (h)(2)(c).. b. Bill payment will not be considered delinquent, unless the Customer-Generator does not pay a final billing statement within twenty (20) days of the date of issuance of that final billing statement. c. For annually billed residential or small commercial Customer-Generators, the net balance of money owed to CPAU will be carried forward until the end of the twelve- month period. NET ENERGY METERING SERVICE AND INTERCONNECTION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-26-20159-16-2014 Sheet No. 5 d. To accommodate annual billing, a Customers Electricity Service may be transferred to a separate Utility Account so as not to interrupt monthly billing for other recurring, non-electric Utility Services. 4. Additional Billing Rules Applicable to NEM Aggregation Customers a. For each monthly billing period, the amount of electricity generated from the Aggregation Customer’s Generating Facility during that billing period will be accounted for on a per kWh basis. b. The Aggregation Customer’s energy consumption will be totaled for each Beneficiary Account that is listed to receive kwh energy credits from the Generating Facility per the Customer’s Interconnection Agreement. c. Each Beneficiary Account will be allotted a portion of the Generating Facilities energy equal to that Beneficiary Accounts relative share of Aggregation Customer’s total usage for the billing period. d. The total amount of energy produced by a Generating Facility will be allotted in each billing period. e. The billing for Beneficiary Accounts will be the same as NEM customers, as outlined in Section 2(a) above, with the restriction that no Beneficiary Account is eligible for Net Surplus Electricity Compensation in accordance with Electric Utility Rate Schedule E-NSE-1, but may only carry forward energy credits. DE. APPLICATION AND INTERCONNECTION PROCESS 1. Application Process CPAU shall process a request for the establishment of NEM and Interconnection from the Customer-Generator within the time period not exceeding that for Customers requesting new Electric Service; provided, however, that such time period will not exceed thirty (30) days from the date of (1) receipt of a completed Application form for Net Energy Metering Service and Interconnection from the Customer-Generator, (2) Electric inspection clearance from CPAU in accordance with California Public Utilities Code 2827(c)(2), and (3) building NET ENERGY METERING SERVICE AND INTERCONNECTION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-26-20159-16-2014 Sheet No. 6 inspection clearance from the City of Palo Alto Building Inspection Division. If CPAU is unable to process the request within the thirty-day period or other applicable period, then CPAU shall notify the Customer-Generator of the reason for its inability to process the request and the expected completion date. 2. Interconnection Process The Customer-Generator will be required to sign either an Interconnection Agreement, as applicable, or an agreement containing substantially the terms and conditions of the above referenced agreements and agree to be subject to applicable Utility Rates and Charges and Utility Rules and Regulations in order to be eligible for NEM Service provided by CPAU. CPAU will make available all necessary forms and contracts for NEM Service for download from the Internet. DF. GENERATING FACILITY DESIGN AND OPERATING REQUIREMENTS 1. Safety Standards The facility will meet all applicable federal, state and local safety and performance standards, including those established by the National Electrical Code (NEC), the Institute of Electrical and Electronic Engineers, and accredited testing laboratories such as Underwriters Laboratories (UL) and, as applicable, the rules of the California Public Utilities Commission regarding safety and reliability. The Customer-Generator whose facility meets those standards and rules will not be required to install additional controls, perform or pay for additional tests, or purchase additional liability insurance. 2. Design Standards In addition to the requirements more generally set forth in section D.1, Customer-Generator will: a. Conform to the applicable National Electric Code (NEC) Standards [NEC 690] and applicable building codes. b. Have a dedicated circuit from the inverter to the Service panel with a circuit breaker or fuse [NEC 690-64(b)(1)]. NET ENERGY METERING SERVICE AND INTERCONNECTION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-26-20159-16-2014 Sheet No. 7 c. Have an overcurrent device at the Service panel will be marked to indicate solar power source [NEC 690-64(b)(4)]. d. Establish the following minimum specifications for Parallel Operation with CPAU’s Electric utility Distribution System. e. Install a visible break, lockable AC disconnect switch in the dedicated circuit to the inverter. This switch will be located where it is easily accessible by CPAU personnel and will be equipped with a CPAU padlock [CPAU Rule and Regulation 27]. f. Use an inverter that is UL 1741-appoved and have the following specifications for Parallel Operation with CPAU’s Electric utility Distribution System: i. Inverter output will automatically disconnect from CPAU’s utility source upon the loss of CPAU’s utility voltage and will not be reconnected until at least five (5) minutes after normal utility voltage and frequency have been restored [UL 1741]. ii. Inverter will automatically disconnect from CPAU’s utility source within 120 cycles (2 seconds) if CPAU’s utility voltage isles than 106 volts or greater than 132 volts on a 120-volt base [UL 1741]. iii. Inverter will automatically disconnect from CPAU’s utility source within 10 cycles (0.17 seconds) if CPAU’s utility frequency fluctuations is less than 59.3 hertz or greater than 60.5 hertz [UL 1741] cycle. iv. Inverter output will comply with IEEE 519 standards for harmonic distortion [CPAU Rule and Regulation 27]. EG. METERING 1. NEM may be accomplished by using a single Meter capable of registering the flow of electricity in two different directions. If the Customer-Generator’s existing Meter is not capable of measuring the flow of electricity in two directions, then the Customer-Generator shall be responsible for all expenses involved in purchasing and installing a Meter that is able to measure electricity flow in two directions. 2. In lieu of one Meter, an additional Meter to monitor the flow of electricity in each direction may be installed with the consent of the Customer-Generator, at the expense of CPAU. The NET ENERGY METERING SERVICE AND INTERCONNECTION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-26-20159-16-2014 Sheet No. 8 additional Meter shall be used only to provide the information necessary to accurately bill or credit the Customer-Generator and/or to collect solar or wind Electric generating system performance information for research purposes. 3. Customer-Generator grants to CPAU, its officers, employees, agents and representatives the non-exclusive right of ingress and egress on, over and across the Premises upon reasonable prior notice for the purpose of inspecting and approving the installation and operation of the Facility and authenticating the accuracy of the meter(s), or in the event of an emergency or in regard to a disconnection of the Facility, without notice, if in CPAU’s Director of Utilities’ sole judgment, a condition hazardous to life or property exists, and immediate action is necessary to protect life or property from damage or interference directly caused by the Equipment or as a result of the lack of properly operating protective devices. FH. GENERAL REQUIREMENTS 1. Customer-Generator will obtain and maintain the required governmental authorizations, permits, and any policy or policies of insurance, including, without limitation, commercial general liability, property, and professional liability insurance, as may be required by applicable laws, subject only to subsection c below. 2. CPAU will not be obligated to accept or pay for, and it may require Customer-Generator to interrupt or reduce, the delivery of available energy generated by the Facility under the following: (a) whenever CPAU in its sole judgment determines that the interruption or reduction is necessary in order for CPAU to construct, install, maintain, repair, replace, remove, investigate, or inspect any part of CPAU’s electric utility distribution system; or (b) if CPAU determines that the interruption or reduction is necessary on account of an emergency, voluntary or involuntary outage, event of force majeure, or compliance with prudent electrical practices. 3. Notwithstanding any other provision of this Agreement, if CPAU determines that either (a) the operation of the Facility may threaten or endanger the health, safety or welfare of CPAU’s personnel or CPAU’s or its personnel’s property, or (b) the continued operation of the Facility may endanger the operational integrity of CPAU’s electric utility distribution system, CPAU will have the right to temporarily or permanently disconnect the Facility from CPAU’s electric utility distribution system upon the delivery of reasonable notice to Customer-Generator; provided, however, CPAU may act without NET ENERGY METERING SERVICE AND INTERCONNECTION RULE AND REGULATION 29 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-26-20159-16-2014 Sheet No. 9 giving prior notice to Customer-Generator, if CPAU determines that it is impracticable to provide the notice. The Facility will remain disconnected until such time as CPAU’s Director of Utilities is reasonably satisfied that the conditions referred to in this subsection have been corrected or sufficiently addressed. 4. Customer-Generator will (a) maintain the Facility, which interconnects with CPAU’s electric utility distribution system, in a safe and prudent manner and in conformance with all applicable laws, rules and regulations, including, without limitation, the requirements of this Section 3, and (b) obtain any governmental approvals, authorizations and permits required for the construction and operation of the Facility. 5. Customer-Generator will reimburse CPAU for any and all losses, damages, claims, penalties, or liability that CPAU may incur or sustain as a result of Customer-Generator’s failure to obtain and maintain any and all governmental approvals, authorizations and permits that may be required for the construction, installation, operation, repair and maintenance of the Facility. City of Palo Alto (ID # 6195) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/26/2015 City of Palo Alto Page 1 Summary Title: Comments on Salt Pond Restoration Project Phase 2 EIR/EIS Title: Comments on the Salt Pond Restoration Project Phase 2 Environmental Impact Report/Environmental Impact Statement From: City Manager Lead Department: Public Works Recommendation This is a report on the attached comments on the Environmental Impact Statement/Report (EIS/EIR) for Phase 2 of the Salt Pond Restoration Project. The item has been placed on Consent to allow the Council to approve the comments being sent. The deadline for submission is October 30, 2015. Background San Francisco Bay has lost an estimated 85 percent of its historic wetlands. This dramatic decline in tidal marsh habitats has caused populations of marsh- dependent fish and wildlife to dwindle. It has also decreased water quality and increased local flood risks. In 2003, under the leadership of Senator Dianne Feinstein, the South Bay Salt Ponds were acquired from Cargill Inc. Funds for the acquisition were provided by federal and state resource agencies and several private foundations. The South Bay Salt Pond Restoration Project is the largest tidal wetland restoration project on the West Coast. When complete, the project will restore 15,100 acres of industrial salt ponds. The goals of the project are to: • Restore and enhance a mix of wetland habitats. • Provide wildlife-oriented public access and recreation. • Provide for flood management in the South Bay. Shortly after the property was acquired, the California Department of Fish and City of Palo Alto Page 2 Wildlife, the U.S. Fish and Wildlife Service, and the California Coastal Conservancy launched a four- year public process to design a restoration plan for the property. The final plan was adopted in 2008 and the first phase of restoration started later that year. Phase 1 of the plan has now been implemented, including the restoration of over 3,000 acres of marsh habitat in the three pond complexes (Eden Landing in Alameda County, Ravenswood in San Mateo County and Alviso in Santa Clara County) and completion of public access opportunities and Bay Trail segments. The U.S. Fish and Wildlife Service and California Coastal Conservancy released an EIS/EIR for Phase 2 of the restoration project in July 2015. Discussion Phase 2 of the plan will restore or enhance an additional 2,400 acres of former salt ponds, including Ponds A1 and A2W, located in the Alviso Pond Complex in Mountain View near Palo Alto. The following restoration alternatives were analyzed in the EIS/EIR for the two ponds:  Alternative A: No Action; maintain ponds as they are.  Alternative B: Restore Ponds A1 and A2W and raise and improve levee on the Mountain View side of Charleston Slough.  Alternative C: Restore Ponds A1 and A2W and integrate Inner Charleston Slough, raise and improve the levee on the Palo Alto side of Charleston Slough. The City of Mountain View owns Charleston Slough and is under obligation to restore it to tidal habitat as mitigation for earlier projects. Alternative C is advantageous for both Mountain View and City of Palo Alto, as it would integrate the area the City of Mountain View must restore and include raising and improving the levee between Charleston Slough and the Palo Alto flood basin. The restored marsh on the Charleston Slough side would likely provide additional flood protection for the flood basin. Some stakeholders have raised concern about Alternative C, as it would change existing mudflat habitat where birds are easily visible to tidal marsh. Currently, Charleston Slough serves as easily accessible bird watching area for pedestrians, City of Palo Alto Page 3 therefore providing educational and recreational benefits. Staff prepared a letter of comment (Attachment A) on the EIS/EIR, which will be signed by the City Manager and submitted to the California Coastal Conservancy by the deadline of October 30, 2015. The comments support raising and improving the levee between the Palo Alto Flood Basin and Charleston Slough, coordination with other levee projects and addressing the loss of wading bird habitat in Charleston Slough. Timeline The Salt Pond Restoration project group has set a comment deadline on the EIS/EIR of October 30, 2015. Resource Impact There is no resource impact related to the South Bay Salt Pond Restoration project Phase 2 EIS/EIR review. For project implementation, the California Coastal Conservancy is currently pursuing funding options including grants. No City funds are needed for implementing these alternatives. It is envisioned that this project will coordinate levee alignments with the San Francisquito Joint Powers SAFER Bay Initiative feasibility study, in which the City is currently participating. Attachments:  Attachment A Comments on Draft Environmental Impact Statement-City of Palo Alto (DOCX) October 30, 2015 Brenda Buxton, Project Manager State Coastal Conservancy 1330 Broadway, 13th Floor Oakland, CA 94612 Subject: City of Palo Alto Comments on Draft Environmental Impact Statement/Report – Phase 2 for the South Bay Salt Pond Restoration Project Dear Ms. Buxton: The City of Palo Alto appreciates the opportunity to respond to the Draft Environmental Impact Statement/Report (EIS/EIR) for Phase 2 the South Bay Salt Pond Restoration Project. The City of Palo Alto has the following comments on the Draft EIS/EIR: 1. It is our understanding that the “Alternative Mountain View C” (Alternative C) would support the City of Mountain View’s existing BCDC mitigation requirement. In light of that requirement to restore Charleston Slough to full tidal action, and the improvements that would be made to the levee on the Palo Alto side of Charleston Slough, Palo Alto is supportive of Alternative C. The City of Palo Alto would like to request that the design and layout of the proposed levee improvements between the Palo Alto Flood Basin and Charleston Slough include consideration of balancing the incorporation of “horizontal levee” transition zones on the Flood Basin side of the levee to increase habitat diversity with the need to maintain the Flood Basin’s storage capacity. We are aware that some stakeholders have voiced concern over loss of the existing mudflat habitat within Charleston Slough that is easily accessible to the public. The project should address the impacts of these habitat and accessibility losses. 2. The layout and design of the levee along the Palo Alto Flood Basin for Alternative C should be coordinated with the San Francisquito Creek Joint Powers Authority’s (JPA) SAFER Bay initiative and potential future levee alignments at the Palo Alto Flood Basin that may arise out of the SAFER Bay project. It is possible that a portion of the Palo Alto Flood Basin/Charleston Slough levee improvements included in the Alternative C is not needed depending on the future levee alignment chosen as part of the SAFER Bay initiative. The City requests coordination of the Salt Pond Restoration Project with the SAFER Bay levee project and with the City of Mountain View. City of Palo Alto Comments on Saltpond Restoration Project Phase 2 EIR/EIS Page 2 of 2 3. Palo Alto is concerned that the project could increase the amount or salinity of the Mountain View landfill leachate. The EIS/EIR analysis focusses on sea water intrusion into the groundwater supply. Since the Mountain View landfill pumps leachate to the City of Palo Alto Regional Water Quality Control Plant (RWQCP), the City is concerned about any increase in sea water intrusion which adversely impacts the salinity of the recycled water produced by the RWQCP. 4. PG&E has not been maintaining their electric transmission towers via the boardwalks recently, and is instead using helicopters to access them. The City suggests that the South Bay Salt Pond Restoration project coordinate with PG&E to verify whether the access boardwalk at the Palo Alto Flood Basin is needed and whether it must be rebuilt as part of this project. The City of Palo Alto appreciates the work of the California Coastal Conservancy and its partners on this important restoration project. Please contact Kirsten Struve at (650) 329-2421 or Kirsten.struve@cityofpaloalto.org if you have any questions about these comments. In addition, the City would like to designate Kirsten Struve, Manager Environmental Control Programs, Public Works Department, Environmental Services Division, as an alternate for the Salt Pond Restoration Project Stakeholder Forum. Please add her to your stakeholder forum list. Sincerely, Jim Keene City Manager City of Palo Alto CITY OF PALO ALTO OFFICE OF THE CITY CLERK October 26, 2015 The Honorable City Council Palo Alto, California SECOND READING: Adoption of an Ordinance of the Council of the City of Palo Alto Amending Chapters 18.18, Downtown Commercial (CD) District and 18.52, Parking and Loading Requirements, to Eliminate Certain Parking Exemptions within the Downtown Area (FIRST READING: October 5, 2015 PASSED: 9-0) This is the second reading of this Ordinance which was first heard on October 5, 2015. ATTACHMENTS:  Attachment: Attachment A: Revised Parking Ordinance (PDF) Department Head: Beth Minor, City Clerk Page 2 NOT YET APPROVED 150715 jb 0131463 1 Revised 10-7-15 Ordinance No. _______ Ordinance of the Council of the City of Palo Alto Amending Chapters 18.18, Downtown Commercial (CD) District and 18.52, Parking and Loading Requirements, to Eliminate Certain Parking Exemptions within the Downtown Area The Council of the City of Palo ORDAINS as follows: SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and declares as follows: A. Parking demand in downtown Palo Alto has increased since the end of the recession, with parking occupancies in the Downtown neighborhoods increasing to over 100 percent during peak noontime hours. B. In the same period, there have been increasing spill-over impacts on nearby residential streets as employees and customers seek parking outside of the commercial core, causing the City to pursue the first ever residential preferential parking program in downtown. C. Development of new office space has continued to occur, and existing office space is fully occupied, evidenced by the low 2.83 vacancy rate at the end of 2014, as reported by Newmark Cornish & Carey. D. No new public parking structures have been added to the City’s inventory since 2003. E. The lack of available daytime downtown parking for employees has resulted in complaints from both merchants and other businesses about the lack of parking for their employees. At the same time, the lack of available daytime downtown parking for employees has also resulted in complaints from residents in the downtown and adjacent areas about congested parking in their neighborhoods. F. The lack of available daytime downtown parking results in traffic seeking available parking spaces to circulate for longer periods of time, resulting in related impacts on air quality from increased emissions. G. The Downtown Parking Code was adopted at a time when the downtown was underdeveloped and incentives for redevelopment were needed. One of the primary incentives incorporated into the Code was a series of parking exemptions. These parking exemptions contributed to encouraging both the rehabilitation of historic and seismically unsafe buildings and redevelopment in the Downtown core in general. The City is now at a point where most of the historic and seismically unsafe buildings have been renovated and the downtown has transformed into an economically thriving area. NOT YET APPROVED 150715 jb 0131463 2 Revised 10-7-15 H. Recognizing these facts, on November 4, 2013, the City Council adopted an interim ordinance eliminating a number of these parking exemptions on an interim basis. These included the parking exemption related to the 200 square foot Minor Floor Area Bonus for buildings not eligible for Historic Bonus; the Transfer of Development Rights provision that allows a 5,000 square foot floor area exemption from on-site parking requirements and for floor area transferred to a receiver site within the CD zone district; and the parking exemption for floor area developed or used previously for non-residential purposes and vacant at the time of the engineer’s report during the parking district assessment. I. Unless a new ordinance is adopted to permanently establish these provisions, these zoning code amendments shall “sunset” on November 4, 2015. JI. The Palo Alto Zoning Ordinance Chapters 18.18 (Downtown Commercial District) and 18.52 (Parking and Loading Requirements) provide for a variety of exemptions and reductions to parking requirements within the downtown area that result in less parking being provided than the calculated demand for parking in new projects. KJ. The Transfer of Development Rights provisions for Historic and Seismic Upgrades to Structures and the minor floor area bonuses were enacted to encourage restoration of historic buildings and to make existing structures seismically safe and the program has been successful. However continued application of the parking exemptions granted by these provisions will exacerbate Downtown parking deficiencies. SECTION 2. Subsection 18.18.070(a) (Floor Area Bonuses) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: (a) Available Floor Area Bonuses (1) Minor Bonus for Buildings Not Eligible for Historic or Seismic Bonus A building that is neither in Historic Category 1 or 2 nor in Seismic Category I, II, or III shall be allowed to increase its floor area by 200 square feet without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts. This bonus is not subject to transfer and must be fully parked. In addition to any applicable parking provisions, this bonus may be parked by the payment of in lieu parking fees under Section 18.18.090. (2) Seismic Rehabilitation Bonus A building that is in Seismic Category I, II, or III, and is undergoing seismic rehabilitation, but is not in Historic Category 1 or 2, shall be allowed to increase its floor area by 2,500 square feet or 25% of the existing building, whichever is greater, without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such NOT YET APPROVED 150715 jb 0131463 3 Revised 10-7-15 increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts. This bonus area must be fully parked. In addition to any applicable parking provisions, this bonus may be parked by the payment of in lieu parking fees under Section 18.18.090. (3) Historic Rehabilitation Bonus A building that is in Historic Category 1 or 2, and is undergoing historic rehabilitation, but is not in Seismic Category I, II, or III, shall be allowed to increase its floor area by 2,500 square feet or 25% of the existing building, whichever is greater, without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts, except as provided in subsection (5). This bonus area must be fully parked. In addition to any applicable parking provisions, this bonus may be parked by the payment of in lieu parking fees under Section 18.18.090. (4) Combined Historic and Seismic Rehabilitation Bonus A building that is in Historic Category 1 or 2, and is undergoing historic rehabilitation, and is also in Seismic Category I, II, or III, and is undergoing seismic rehabilitation, shall be allowed to increase its floor area by 5,000 square feet or 50% of the existing building, whichever is greater, without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts, except as provided in subsection (5). This bonus area must be fully parked. In addition to any applicable parking provisions, this bonus may be parked by the payment of in lieu parking fees under Section 18.18.090. (5) Historic Bonus for Over-Sized buildings A building in Historic Category 1 or 2 that is undergoing historic rehabilitation and that currently exceeds a FAR of 3.0:1 if located in the CD-C subdistrict or 2.0:1 if located in the CD-S or CD-N subdistricts shall nevertheless be allowed to obtain a floor area bonus of 50% of the maximum allowable floor area for the site of the building, based upon a FAR of 3.0:1 if in the CD-C subdistrict and a FAR of 2.0:1 in the CD-S and CD-N subdistricts, subject to the restrictions in subsection (b) and the following limitation: (A) The floor area bonus shall not be used on the site of the Historic Category 1 or 2 building, but instead may be transferred to another property or properties under the provisions of Section 18.18.080. SECTION 3. Section 18.18.080 (Transfer of Development Rights) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: 18.18.080 Transfer of Development Rights NOT YET APPROVED 150715 jb 0131463 4 Revised 10-7-15 (a) Purpose The purpose of this section is to implement the Comprehensive Plan by encouraging seismic rehabilitation of buildings in Seismic Categories I, II, and III, and encouraging historic rehabilitation of buildings or sites in Historic Category 1 and 2, and by establishing standards and procedures for the transfer of specified development rights from such sites to other eligible sites. Except as provided in subsection (e)(1) and for city-owned properties as provided in Chapter 18.28, this section is applicable only to properties located in the CD district, and is the exclusive procedure for transfer of development rights for properties so zoned. (b) Establishment of Forms The city may from time to time establish application forms, submittal requirements, fees and such other requirements and guidelines as will aid in the efficient implementation of this chapter. (c) Eligibility for Transfer of Development Rights Transferable development rights may be transferred to an eligible receiver site upon: (1) certification by the city pursuant to Section 18.18.070 of the floor area from the sender site which is eligible for transfer, and (2) compliance with the transfer procedures set forth in subsection (h). (d) Availability of Receiver Sites The city does not guarantee that at all times in the future there will be sufficient eligible receiver sites to receive such transferable development rights. (e) Eligible Receiver Sites A site is eligible to be a receiver site only if it meets all of the following criteria: (1) It is located in the CD commercial downtown district, or is located in a planned community (PC) district if the property was formerly located in the CD commercial downtown district and the ordinance rezoning the property to planned community (PC) approves the use of transferable development rights on the site. (2) It is neither an historic site, nor a site containing a historic structure, as those terms are defined in Section 16.49.020(e) of Chapter 16.49 of this code; and (3) The site is either: NOT YET APPROVED 150715 jb 0131463 5 Revised 10-7-15 (A) located at least 150 feet from any property zoned for residential use, not including property in planned community zones or in commercial zones within the downtown boundaries where mixed use projects are. (B) separated from residentially zoned property by a city street with a width of at least 50 feet, and separated from residentially zoned property by an intervening property zoned CD-C, CD-S, or CD-N, which intervening property has a width of not less than 50 feet. (f) Limitations On Usage of Transferable Development Rights No otherwise eligible receiver site shall be allowed to utilize transferable development rights under this chapter to the extent such transfer would: (1) Be outside the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 0.5 to 1 above what exists or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet. (2) Be within the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 1.0 to 1 above what exists, or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet. (3) Cause the development limitation or project size limitation set forth in Section 18.18.040 to be exceeded. (4) Cause the site to exceed 3.0 to 1 FAR in the CD-C subdistrict or 2.0 to 1 FAR in the CD-S or CD-N subdistricts. (g) Parking Requirements The first 5,000 square feet of floor area transferred to a receiver site, whether located in the CD District or in the PC District, shall be exempt from the otherwise applicable on-site parking requirements. Any additional square footage allowed to be transferred to a receiver site pursuant to this chapter shall be subject to the parking regulations applicable to the district in which the receiver site is located. (h) Transfer Procedure Transferable development rights may be transferred from a sender site (or sites) to a receiver site only in accordance with all of the following requirements: (1) An application pursuant to Chapter 18.76 16.48 of this code for major ARB review of the project proposed for the receiver site must be filed. The application shall include: NOT YET APPROVED 150715 jb 0131463 6 Revised 10-7-15 (A) A statement that the applicant intends to use transferable development rights for the project; (B) Identification of the sender site(s) and the amount of TDRs proposed to be transferred; and (C) Evidence that the applicant owns the transferable development rights or a signed statement from any other owner(s) of the TDRs that the specified amount of floor area is available for the proposed project and will be assigned for its use. (2) The application shall not be deemed complete unless and until the city determines that the TDRs proposed to be used for the project are available for that purpose. (3) In reviewing a project proposed for a receiver site pursuant to this section, the architectural review board shall review the project in accordance with Section 18.76.02016.48.120 of this code; however, the project may not be required to be modified for the sole purpose of reducing square footage unless necessary in order to satisfy the criteria for approval under Chapter 18.76 16.48 or any specific requirement of the municipal code. (4) Following ARB approval of the project on the receiver site, and prior to issuance of building permits, the director of planning and community environment or the director's designee shall issue written confirmation of the transfer, which identifies both the sender and receiver sites and the amount of TDRs which have been transferred. This confirmation shall be recorded in the office of the county recorder prior to the issuance of building permits and shall include the written consent or assignment by the owner(s) of the TDRs where such owner(s) are other than the applicant. (i) Purchase or Conveyance of TDRs - Documentation (1) Transferable development rights may be sold or otherwise conveyed by their owner(s) to another party. However, no such sale or conveyance shall be effective unless evidenced by a recorded document, signed by the transferor and transferee and in a form designed to run with the land and satisfactory to the city attorney. The document shall clearly identify the sender site and the amount of floor area transferred and shall also be filed with the department of planning and community environment. (2) Where transfer of TDRs is made directly to a receiver site, the recorded confirmation of transfer described in subsection (h)(4) shall satisfy the requirements of this section. SECTION 4. Subsection 18.18.090(b) (Exceptions to On-Site Parking Requirement) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: NOT YET APPROVED 150715 jb 0131463 7 Revised 10-7-15 (b) Exceptions to On-Site Parking Requirement The requirement for on-site parking provided in subsection (a) of this section shall not apply in the following circumstances: (1) The following square footage shall be exempt from the on-site parking requirement of subsection (a): (A) Square footage for handicapped access which does not increase the usable floor area, as determined by Section 18.18.060(e); (B) An increase in square footage in conjunction with seismic or historic rehabilitation, pursuant to Section 18.18.070; (C) An increase in square footage for buildings not in Seismic category I, II, or III or Historic category 1 or 2 pursuant to Section 18.18.070(a)(1); (DB) Square footage for at or above grade parking, though such square footage is included in the FAR calculations in Section 18.18.060(a). (2) A conversion to commercial use of a historic building in Categories 1 and 2 shall be exempt from the on-site parking requirement in subsection (a), provided that the building is fifty feet or less in height and has most recently been in residential use. Such conversion, in order to be exempt, shall be done in conjunction with exterior historic rehabilitation approved by the director of planning and community environment upon the recommendation of the architectural review board in consultation with the historic resources board. Such conversion must not eliminate any existing on-site parking. (3) Vacant parcels shall be exempt from the requirements of subsection (a) of this section at the time when development occurs as provided herein. Such development shall be exempt to the extent of parking spaces for every one thousand square feet of site area, provided that such parcels were at some time assessed for parking under a Bond Plan E financing pursuant to Chapter 13.16 or were subject to other ad valorem assessments for parking. (4) No new parking spaces will be required for a site in conjunction with the development or replacement of the amount of floor area used for nonresidential use equal to the amount of adjusted square footage for the site shown on the engineer's report for fiscal year 1986-87 for the latest Bond Plan G financing for parking acquisition or improvements in that certain area of the city delineated on the map of the University Avenue parking assessment district entitled, "Proposed Boundaries of University Avenue Off-Street Parking Project #75-63 Assessment District, City of Palo Alto, County of Santa Clara, State of California," dated October 30, 1978, and on file with the city clerk. However, square footage which was developed for nonresidential purposes or which has been used NOT YET APPROVED 150715 jb 0131463 8 Revised 10-7-15 for nonresidential purposes but which is not used for such purposes due to vacancy at the time of the engineer's report shall be included in the amount of floor area qualifying for this exemption. No exemption from parking requirements shall be available where a residential use changes to a nonresidential use, except pursuant to subsection (2). SECTION 5. Subsection 18.52.070(a) (Parking Regulations for CD Assessment District, On Site Parking) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: (a) On Site Parking Any new development, any addition or enlargement of existing development, or any use of any floor area that has never been assessed under any Bond Plan G financing pursuant to Title 13, shall provide one parking space for each two hundred fifty gross square feet of floor area, with the following exceptions: (1) Square footage for: (A) Handicapped access which does not increase the usable floor area, pursuant to Section 18.18.070(CD District Floor Area Bonuses). (B) An increase in square footage granted for seismic rehabilitation, pursuant to Section 18.18.070 (CD District Floor Area Bonuses). (CB) Category I or II Historic Structures may take advantage of the following exceptions during the life of the historic building: (i) An increase in square footage pursuant to CD FAR Exceptions for Historic Structures as contained in Section 18.49.060(b)(3), and (ii) A conversion to commercial use that is 50 feet or less in height and that has most recently been in residential use, if such conversion is done in conjunction with exterior historic rehabilitation approved by the director upon recommendation by the Architectural Review Board and in consultation with the Historic Resource Board. Such conversion must not eliminate any existing on-site parking. (D) A minor increase of two hundred square feet or less, pursuant to CD district FAR Exceptions for Historic Structures as contained in Section 18.49.060(b)(4). (EC) At or above grade parking, though included in the site FAR calculations (pursuant to CD district FAR Exceptions for non-historical/non-seismic buildings in Section 18.49.060(a)) shall not be included in the on-site parking regulations of this section. NOT YET APPROVED 150715 jb 0131463 9 Revised 10-7-15 (2) Vacant parcels subject to redevelopment shall be exempt at the time when development occurs from the on-site parking requirements of one parking space for each two hundred fifty gross square feet of floor area to the extent of 0.3 parking spaces for every one thousand square feet of site area, provided that such parcels were at some time assessed for parking under a Bond Plan E financing pursuant to Chapter 13.16 or were subject to other ad valorem assessments for parking. (3) No new parking spaces will be required for a site in conjunction with the development or replacement of the amount of floor area used for nonresidential use equal to the amount of adjusted square footage for the site shown on the engineer's report for fiscal year 1986-87 for the latest Bond Plan G financing for parking acquisition or improvements in that certain area of the city delineated on the map of the University Avenue parking assessment district, entitled Proposed Boundaries of University Avenue Off- Street Parking Project #75-63 Assessment District, City of Palo Alto, County of Santa Clara, State of California, dated October 30, 1978, and on file with the city clerk. However, square footage which was developed for nonresidential purposes or which has been used for nonresidential purposes but which is not used for such purposes due to vacancy at the time of the engineer’s report shall be included in the amount of floor area qualifying for this exemption. No exemption parking requirements shall be available where a residential use changes to a nonresidential use, except pursuant to subdivision (1)(C) of this subsection. SECTION 6. CEQA. The proposed Ordinance eliminates certain exemptions to the parking regulations within the Downtown area of the City of Palo Alto, which will result in projects that will comply with the remaining parking regulations established in the Palo Alto Municipal Code. Further, each individual project submitted under the revised regulations will be subject to its own environmental review. Consequently, this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations since it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment and Section 15301 in that this proposed ordinance will have a minor impact on existing facilities. 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. Applicability to Pipeline Projects. This ordinance shall not apply to any projects which have received all final planning entitlement approval as of the ordinance’s effective date; however such projects may be subject to earlier adopted interim ordinances. Any bonus square footage certified and recorded under Sections 18.18.070 prior to the effective date of this ordinance shall continue to be exempt from parking to the extent NOT YET APPROVED 150715 jb 0131463 10 Revised 10-7-15 previously allowed under Sections 18.18.080 and 18.52.070. Staff is authorized to establish administrative regulations to administer the inventory and transfer of this bonus square footage. SECTION 9. Effective Date. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Assistant City Attorney City Manager ____________________________ Director of Planning & Community Environment City of Palo Alto (ID # 6217) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/26/2015 City of Palo Alto Page 1 Summary Title: SECOND READING - Interim Ord for Office/R&D Annual Growth Limit Boundaries Title: SECOND READING - Adoption of an Interim Ordinance of the Council of the City of Palo Alto Adding Section 18.85.200 (Annual Office Limit) to Chapter 18.85 Entitled “Interim Zoning Ordinances” Imposing an Office Annual Limit of 50,000 Net New Square Feet in Designated Areas of City (FIRST READING: September 21, 2015 PASSED: 9-0) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council adopt the proposed ordinance on second reading (Attachment A). Executive Summary The proposed ordinance would create an Interim Ordinance establishing a 50,000 Square Foot Annual Limit on Office/R&D Development in a Portion of the City Including Downtown, the California Avenue Area, and the El Camino Corridor. The ordinance will be in effect for two years. The ordinance was unanimously approved (first reading) on September 21, 2015. As directed by the Council, the draft ordinance has been modified to: 1. Eliminate the proposed exemption for Coordinated Area Plans from the Ordinance and include the South of Forest Area Plan (SOFA II) area within the boundaries in which the ordinance would apply. 2. Incorporate wording changes regarding the exemption for “self-mitigating” projects such that they would provide rental housing sufficient to accommodate more workers than would be employed in the building. 3. Incorporate wording changes regarding the criterion related to public benefits offered. City of Palo Alto Page 2 4. Group proposed criteria under subject headings and require that administrative procedures prioritize the criteria and require projects meeting criterion (i) be approved first and weighted against each other. Criterion (i) relates to pending applications deemed complete between March 31st, 2015 and June 15, 2015. These changes are not deemed sufficiently substantive to warrant another first reading by Council. Attachments:  Attachment: Attachment A: Ordinance Office Growth Meter (PDF)  Attachment: Attachment B: Draft Action Minutes September 21, 2015 (PDF)  Attachment: Attachment C: Office and R&D Annual Cap Boundaries Area Map (PDF) NOT YET APPROVED 151001 cs 0131471 1 Rev. October 1, 2015 Ordinance No.__________ Interim Ordinance of the Council of the City of Palo Alto Adding Section 18.85.200 (Annual Office Limit) to Chapter 18.85 entitled “Interim Zoning Ordinances” Imposing an Office Annual Limit of 50,000 Net New Square Feet in Designated Areas of City FINDINGS A. The City of Palo Alto has long been considered the birth place of Silicon Valley. With its proximity to Stanford University, its international reputation, its deep ties to technology firms, its highly rated public school system and its ample public parks, open space and community centers, Palo Alto continues to serve as a hub for technology-based business. B. Palo Alto is considered one of Silicon Valley's most desirable office markets. According to one study Class A office rates have climbed 49 percent since the start of 2010. The same study reported Class B office space increasing by 114.4 % since 2010. C. In particular, average commercial rental rates have gone up significantly from 2013 to 2015. In 2013 the average monthly rental rate citywide for office was $4.57 per square foot. That rate increased to $5.12 in 2015. D. As a result, the City has seen a steady increase of new Office and Research and Development (R&D) projects. According to data submitted by the City to support the Valley Transportation Authority’s Congestion Management Plan (CMP), since 2001, the City has added 234,002 of net new square feet of office/R& D development in the California Avenue area; 315,586 in the downtown area, and 46,210 in the El Camino Real corridor. E. While this new development is consistent with the City’s zoning ordinance and its Comprehensive Plan, the rate of change has been faster than anticipated, resulting in changes in the character of the City’s commercial districts. The changes have also resulted in additional parking demand, traffic, and greenhouse gas emissions, and negatively impact the City’s jobs/housing ratio. F. Based on the CMP data, there have been six years since 2001 in which more than 50,000 net new square feet of Office/R&D development have been entitled in these districts combined, and these six years include the last two (fiscal years 2014 and 2015). G. Record high monthly rental rates for office space and low vacancy rates suggest that the rapid pace of development is likely to continue, putting pressure on sites that are not currently developed to their maximum potential, and contributing to a feeling in the community that the character of the City’s commercial districts are changing too fast. Attachment A 151007 cs 0131471 2 Rev. October 1, 2015 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. A new Section 18.85.200 (Annual Office Limit) is added to Chapter 18.85 entitled “Interim Zoning Ordinances” to the Palo Alto Municipal Code to read as follows: “18.85.200 Annual Office Limit 18.85.201 Definitions. For the purposes of this Ordinance, the following terms shall have the definitions below: (a) Office Annual Limit Area shall include the area shown in Exhibit A, comprising the commercial districts of Downtown, the California Avenue Area, and the El Camino Real corridor. (b) Office Annual Limit Land Uses shall include any of the following uses in the Office Annual Limit Area: 1. Research and Development as defined in Section 18.04.030(123); 2. Administrative Office Services as defined in Section 18.040.030(6); 3. General Business Office as defined in Section 18.040.030(61); 4. Medical Office greater than 5,000 net new square feet as defined in Section 18.04.030(95); and 5. Professional Office as defined in Section 18.04.030(116). (c) Qualifying Application shall mean an application for a permit or other planning entitlement for an Office Annual Limit Land Use which (1) has been determined to be complete, (2) has completed the necessary analysis under the California Environmental Quality Act and (3) has been reviewed by all required commissions and/or Planning Director, as applicable. 18.85.202 Office Annual Limit. During the pendency of this Ordinance no more than 50,000 net new square feet of Office Annual Limit Land Uses per fiscal year shall be approved by the City in the Office Annual Limit Area. (a) For purposes of this Ordinance, the fiscal year shall be defined as July 1 to June 30. (b) The 50,000 square foot limit imposed by this section shall not apply to exempt projects as defined in 18.85.203 and such projects shall not be counted towards this limit. (c) This restriction shall be in addition to any other applicable growth restriction including but not limited to Comprehensive Plan Policy L-8 and Section 18.18.040 of the Zoning Code. In the event multiple policies apply to a project, the policy most restrictive of growth shall apply. 18.85.203 Exemptions. The following shall be exempt from this Ordinance: 151007 cs 0131471 3 Rev. October 1, 2015 (a) Small Projects. Projects containing less than 2,000 net new square feet or less of Office Annual Limit Land Uses and accessory office space that is incidental to and customarily associated with a principal use or facility are exempt from the Office Annual Limit. (b) Small Medical Office Projects. Projects containing 5,000 net new square feet or less of Medical Office are exempt from the Development Cap. (c) Self-Mitigating Projects. Projects that would both: (1) provide rental housing for more workers than would be employed in the project; and (2) provide substantial transportation demand management strategies (individually or in cooperation with other projects or programs) to improve the current parking and traffic conditions. (d) Pipeline Projects. Projects which have been approved, or which are considered “pipeline projects” as follows: 1. Projects which obtained a planning entitlement for an Office Annual Limit Land Use prior to the effective date of this ordinance. 2. Projects which are the subject of a planning entitlement application that was submitted to the City in 2013 or 2014 and deemed complete by the City on or before March 31, 2015. (e) City Office Space. New office space used by the City of Palo Alto. 18.85.205 Economic Hardship Waiver or Adjustment. An applicant may request that the requirements of this Ordinance be adjusted or waived based on a showing that applying the requirements of this Ordinance would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. The applicant shall bear the burden of presenting evidence to support a waiver or modification request under this Section and shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation. Any such request under this section shall be submitted to the Planning and Community Development Director together with an economic analysis or other supporting documentation and shall be acted upon by the City Council. 18.85.206 Procedures for Reviewing Qualifying Applications. The following additional processing and approval requirements shall apply to Office Annual Limit Land Uses: (a) No Qualifying Application for an Office Annual Limit Land Use shall be acted upon by the Director or by the City Council between July 1 and March 31 of the following year. (b) If the combined square footage proposed by all Qualifying Applications that are 151007 cs 0131471 4 Rev. October 1, 2015 pending on March 31 would not exceed the annual limit, the Qualifying Applications shall be acted upon using the Zoning Code’s usual process immediately following March 31. (c) If the combined square footage proposed by all Qualifying Applications would exceed the annual limit, the Director shall rank all Qualifying Applications based on scoring criteria set forth in Section 18.85.207 and make a recommendation to the Council. The Council may accept the Director’s recommendation or reevaluate the ranking based on the scoring criteria. Based on their review, the Council shall approve in ranked order one or more Qualifying Applications to achieve a maximum of 50,000 net new square feet. The Council may approve applications as proposed and recommended, and may require modifications of any project to reduce the proposed square footage in order to stay within the 50,000 square feet Office Annual Limit. The Council’s action on all Qualifying Applications shall be made before the end of the fiscal year on June 30. (d) Any application which is subject to City Council evaluation and action pursuant to Section (c) above and which was not approved by the City Council shall be denied unless, at the request of the applicant, it is rolled over to the next fiscal year for processing in accordance with the terms of this Ordinance. Further, in lieu of modifications to the project’s Office Annual Limit Land Use, the applicant can elect to roll over the application to the next fiscal year. The City and applicant may agree to extend any applicable processing time periods to effectuate this provision. 18.85.207 Selection Criteria. The City Council shall evaluate applications subject to the annual limit using the following criteria based upon weighting set forth in administrative rules or procedures which shall provide that projects meeting criterion (i) shall be selected first and weighted against each other: Impacts (a) The density of the development in the context of underlying zoning and the site surroundings; and (b) The ability to avoid or address potential impacts on traffic and parking; and Design (c) The quality of design, including the attention to human scale where the building(s) meet the street, the compatibility with surroundings, and the overall architectural quality; and Environmental Quality (d) Environmental quality; and Public Benefit (e) The value to the community of public benefits offered; and 151007 cs 0131471 5 Rev. October 1, 2015 Uses (f) Mixed use projects including substantial housing; and (g) Mixed use projects including retail; and (h) Mixed use projects that provide space for cultural amenities such as but not limited to art galleries and studios; and Pipeline Projects (i) Any entitlement application involving an Office Annual Limit Land Use deemed complete by the City between March 31, 2015 and June 15, 2015. 18.85.208. The Director has the authority to adopt rules or procedures to implement the efficient and equitable implementation of this Ordinance.” SECTION 2. Supersede. This Ordinance supersedes any provision of the Palo Alto Municipal Code inconsistent with the provisions of this Ordinance. SECTION 3. 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 4. Effective Date. This ordinance shall be effective on the thirty-first date after the date of its adoption. This ordinance shall expire within two years of its effective date or upon Council adoption of the Comprehensive Plan Update, whichever occurs first. SECTION 5. CEQA. The City Council finds that this Ordinance falls under the California Environmental Quality Act (CEQA) exemption found in Title 14 California Code of Regulations // // // // // // // 151007 cs 0131471 6 Rev. October 1, 2015 Section 15061(b)(3) because it is a temporary measure designed to slow the rate of change in some commercial areas of the City. INTRODUCED PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: ______________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: ____________________________ City Manager ______________________________ Senior Assistant City Attorney ____________________________ Director of Planning and Community Environment CJL Stanford Shopping Center Downtown/Unniversity Area UniversityStation PAMF Town & Country California AvenueArea Fry's Site Stanford Research Park El Camino RealCorridor El Camino RealCorridor El Camino RealCorridor Alma Plaza Stanford MedicalCenter CharlestonCenter R-1 San AntonioArea San AntonioArea Midtown West BayshoreArea EdgewoodPlaza East BayshoreArea MSC Embarcadero EastArea SOFA I SOFA II R-1 R-1 (7000) East MeadowCircle s J u n i p e r o S e r r a B o u l e v a r d P a g e M i l l R o ad R o a d E l C a m i n o R e a l S a n A n t o n i o A v e n u e C h a r l e s t o n R oa d O re g o n E x p r e s s w a y M i d d l e f i e l d R o a d U niversity Avenue y 1 0 1 A l m a S t r e e t El Camino Real n e R o a d F o o t h i l l E x p r e s Hi l l vi e w E a st B a y s h or e W e st B a y s h o r e Fabian S a n d Hill R o a d E m b a r c a d e r o R o a d Wallis Ct Donald Drive Encina Grande Drive Cereza Drive Los Robles Avenue Villa Vera Verdosa DriveCampana DriveSolana Drive Georgia Ave Ynigo Way Driscoll Ct ngArthur' Maybell Way Maybell Avenue Frandon Ct Florales Drive Georgia AvenueAmaranta Avenue Amaranta Ct Ki sCourt Terman Drive Baker Avenue Vista Avenue Wisteria Ln Pena Ct Coulombe Drive Cherry Oaks Pl Pomona AvenueArastradero Road Abel Avenue Clemo Avenue Villa Real El Camino Way Curtner Avenue Ventura Avenue Maclane Emerson Street Ventura Ct Park Boulevard Magnolia Dr South El Camino Real Cypress Lane GlenbrookD Fairmede Avenue Arastradero Road Irven Court Los Palos CirLosPalosPl Maybell Avenue Alta Mesa Ave Kelly Way Los Palos Avenue Suzanne Drive Suzanne Drive rive El Camino Real Suzanne CtLorabelle Ct 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CalcaterraPlace Ely Place Ely Place Adobe Place Nelson Court ByronStreet Keats Court Middlefield Road Duncan Place Carlson Court Duncan Place Mumford Place Charleston Road San Antonio Avenue East Meadow Drive Emerson Street Court BryantStreet RooseveltCircle RamonaStreet CarlsonCircle RedwoodCircle South Leghorn Street Montrose Avenue Maplewood Charleston Ct Charleston Road Seminole Way Sutherland Drive Nelson Drive El Capitan Place Fabian Street Loma Verde Avenue Bryson Avenue Midtown Court Cowper Street Gary Court Waverley StreetSouth CourtBryant StreetRamona Street Alma Street Coastland Drive Colorado Avenue Byron Street Middlefield Road Gaspar Court Moreno Avenue Coastland Drive El Carmelo Avenue RosewoodD Campesino Avenue Dymond Ct Martinsen Ct Ramona Street Bryant Street Towle Way Towle Place Wellsbury Ct AvalonCourt FlowersLane Mackall Way Loma Verde Avenue KiplingStreet Cowper Street South Court Waverley StreetEl Verano Avenue Wellsbury Way La Middlefield Road St Claire Drive Alger Drive Ashton Avenue St Michael DriveSt Michael Drive Maureen Avenue Cowper Court Rambow Drive East Meadow Drive Ashton Court Murdoch DriveCowperStreet Murdoch Ct St Michael Court MayCourt Mayview Avenue Middlefield Road Ensign Way Bibbits Drive Gailen CtGailen Avenue Grove Avenue San Antonio Avenue Commercial Street Industrial Avenue Bibbits Drive Charleston Road Fabian Way T East Meadow Drive Grove Avenue Christine Drive Corina Way Ross Road Corina Way Louis Road Nathan Way Transport Street Ortega Court East Meadow Drive yneCourt alisman Loma Verde Avenue Allen Court Ross Court Loma Verde Pl Ames Avenue Richardson Court Holly Oak Drive Ames Avenue CorkOakWay Middlefield Road Ames Ct Ames Avenue Ross Road Rorke Way RorkeWay Stone LaneToyon Place Torreya Court Lupine Avenue Thornwood Drive DriftwoodDrive Talisman Drive Arbutus AvenueRoss Road Louis Road Aspen WayEvergreen Drive East Meadow Drive Corporation WayElwell Court Janice Way East Meadow Circle East Meadow Circle GreerRoad Bayshore Freeway rive Ellsworth PlaceSan Carlos Court Wintergreen Way SutterAvenue Sutter Avenue Clara Drive Price CourtStern Avenue Colorado Avenue Randers Ct Ross Road Sycamore Drive Sevyson Ct Stelling Drive Ross Road David Avenue MurrayWay Stelling DriveStelling Ct ManchesterCourt Kenneth Drive ThomasDriveGreer Road Stockton Place Vernon Terrace Louis Road Janice Way Thomas DriveKenneth Drive Loma Verde Avenue CliftonCourtElbridgeWay Clara Drive BautistaCourt Stockton Place Morris Drive Maddux Drive Piers Ct Louis Road Moraga Ct Old Page Mill Road D CoyoteHillRoad Hillview Avenue Porter Drive Hillview Avenue Hanover Street Foothill Expressway Miranda Avenue Stanford Avenue Amherst Street Columbia StreetBowdoin Street Dartmouth Street Hanover Street College Avenue California Avenue Hanover Street Ramos Way (Private) Page Mill Road Hansen Way Hanover Street Arastradero Road Miranda Avenue e Hill Avenue anuela Avenue Miranda Avenue Laguna Ct Barron Avenue Josina Avenue Kendall Avenue Tippawingo St Julie Ct Matadero Avenue Ilima Way Ilima Court Laguna Oaks Pl Carlitos Ct La CalleLaguna Avenue ElCerrit Paradise Way Roble Ridge (Private) LaMataWay Chimalus Drive Matadero Avenue oRoad Paul Avenue Kendall Avenue Whitsell Avenue Barron Avenue Los Robles Avenue Laguna Way ShaunaLane La Para Avenue San Jude Avenue El Centro Street TimlottLa Jennifer Way Magnolia Dr North La Donna Avenue LosRoblesAvenue Rinc Manzana Lane onCircle Crosby Pl Georgia Avenue Hubbartt Drive Willmar Drive Donald Drive Arastradero Road Foothill Expres La Para Avenue San Jude Avenue Magnolia Drive Military Way Arbol Drive Orme Street Fernando Avenue Matadero Avenue Lambert Avenue Hansen Way El Camino Real Margarita Avenue Matadero Avenue Wilton Avenue Oxford Avenue Harvard Street California Avenue Wellesley StreetPrinceton StreetOberlin Street Cornell Street Cambridge Avenue College AvenueWilliams Street Yale Street Staunton Court Oxford AvenueEl Camino Real Churchill Avenue Park Boulevard Park Avenue Escobita Avenue Churchill Avenue Sequoia Avenue Mariposa Avenue Castilleja Avenue Miramonte Avenue Madrono Avenue Portola Avenue Manzanita Avenue Coleridge Avenue Leland Avenue Stanford AvenueBirch Street Ash Street Lowell Avenue Alma Street Tennyson Avenue Grant Avenue Sheridan AvenueJacaranda Lane El Camino Real Sherman Avenue Ash Street Page Mill Road Mimosa Lane Chestnut Avenue Portage Avenue Pepper Avenue Olive Avenue Acacia Avenue Emerson Street Park Boulevard Orinda Street Birch Street Ash Street Page Mill Road Ash Street Park Boulevard College Avenue Cambridge Avenue New Mayfield Lane Birch Street California Avenue Park Boulevard Nogal Lane Rinconada Avenue Santa Rita Avenue Park Boulevard Seale Avenue Washington Avenue Santa Rita Avenue WaverleyStree Bryant Street High Street Emerson Street Colorado AvenueStreet Emerson Street Ramona Street Bryant Street South Court El Dorado AvenueAlma Street Alma Street HighStreet t Emerson Waverley Oaks Washington Avenue Bryant Street South Court Waverley Street Emerson StreetNevada Avenue North California Avenue Santa Rita Avenue Ramona Street High Street North California Avenue Oregon Expressway Marion Avenue Ramona Street Colorado Avenue Waverley Street Kipling Street South Court Cowper Street Anton CourtNevada Avenue Tasso Street Tasso Street Oregon Avenue Marion Pl Webster Street Middlefield Road Ross Road Warren Way El Cajon Way Embarcadero RoadPrimrose Way Iris Way Tulip Lane Tulip Lane Garland Drive Louis Road Greer Road MortonStreet Greer Road Hamilton Avenue Hilbar LaneAlannah Ct Edge Rhodes Drive Marshall Drive FieldinMoreno AvenueMarshallDrive Dennis Drive Agnes Way Oregon AvenueBlair Court Santa Ana Street Elsinore DriveElsinore CourtEl Cajon Way Greer RoadNorth California Avenue gDrive Colorado Avenue Sycamore Drive Amarillo Avenue VanAukenCircle Bruce Drive Colonial Lane Moreno Avenue Celia Drive Burnham Way Greer Road Indian Drive Elmdale Pl C Tanland Drive Moreno Avenue Amarillo Avenue West Bayshore Road Sandra Place Clara DriveColorado Avenue Greer Road Colorado AvenueSimkins Court Otterson CtHiggins PlaceLawrence Lane Maddux Drive Genevieve Ct MetroCircle MoffettCircle Greer Road East Bayshore Road ardinalWay Santa Catalina Street ArrowheadWayAztec Way Chabot Terrace Oregon Avenue Carmel Drive SierraCourt StFrancisDrive West Bayshore Road Tanland Drive East Bayshore Road woodDrive Edgewood Drive WildwoodLane Ivy Lane East Bayshore Road St Francis Drive Wildwood Lane Watson Court Laura Lane Sandalwood Ct O'Brine Lane (Private) Embarcadero Road FaberPlace Embarcadero Road Geng Road Embarcadero Way E Sand Hill Road Quarry Road Welch Road Arboretum Road Quarry Road Sand Hill Road Homer Avenue Lane 8 West Medical Foundation Way Lane 7 West Lane 7 East Embarcadero Road Encina Avenue El Camino Real Urban Lane Wells Avenue Forest Avenue High Street Emerson Street Channing Avenue Alma Street Alma Street PaloAltoA El Camino Real venue Mitchell Lane Hawthorne Avenue Everett Avenue Lytton Avenue Lane 15 E High Street Alma Street Bryant Street Lane 6 E Lane 11 W Lane 21High Street Gilman Street Hamilton Avenue University Avenue Bryant Court Lane 30 Florence Street Kipling Street Tasso Street Cowper Street Ruthven Avenue Hawthorne Avenue Lane 33PaloAltoAvenue Everett Avenue Poe Street Waverley Street Tasso Street Cowper Street Palo Alto Avenue Webster Street Everett Court Lytton Avenue Byron Street Fulton StreetMiddlefield Road Churchill Avenue Lowell Avenue Seale AvenueTennyson Avenue Melville Avenue Cowper Street Tasso Street Webster Street Byron Street North California Avenue Coleridge Avenue Waverley Street Bryant Street Emerson Street Kellogg Avenue Kingsley Avenue Portal Place Ross Road Oregon Avenue Garland Drive Lane A West Lane B West Lane B East Lane D West Lane 59 East Whitman Court Kellogg AvenueEmbarcadero Road Kingsley Avenue Lincoln AvenueAddison Avenue Lincoln Avenue Forest Avenue Downing Lane Homer Avenue Lane D East Lane 39 Lane 56 Hamilton Avenue Webster Street Waverley Street Kipling Street Bryant StreetRamona Street Addison AvenueScott Street Byron Street Palo Hale Street Seneca Street Lytton Avenue Guinda Street PaloAltoAvenue Fulton StreetMiddlefield Road Forest Avenue Webster Street Kellogg Avenue Middlefield Road Byron Street Webster Street Cowper Street Tasso Street Cowper Street Addison Avenue Lincoln Avenue Boyce Avenue Forest AvenueHamilton Avenue Homer AvenueGuinda Street Middlefield Road Channing Avenue AltoAvenue Chaucer Street Chaucer Street University Avenue Channing Avenue Addison Avenue Lincoln Avenue Regent Pl Guinda StreetLincoln Avenue Fulton Street Melville Avenue Byron Street Kingsley Avenue Melville Avenue Hamilton AvenueHamilton Court Forest AvenueForest Ct Marlowe St Maple Stree Palm Street Somerset Pl Pitman Avenue Fife Avenue Forest Avenue Dana Avenue Lincoln Avenue University Avenue Coleridge Avenue Lowell Avenue Fulton StreetCowper Street Tennyson Avenue Seale Avenue Northampton Drive West Greenwich Pl Middlefield Road Newell RoadGuinda Street East Greenwich Pl Southampton Drive Webster Street Kirby Pl Kent Place Tevis Pl Martin Avenue Center Drive Harriet Street Wils o n S t r e e t Cedar Street Harker Avenue Greenwood Avenue Hutchinson Avenue Channing Avenue Hopkins Avenue Embarcadero Road Ashby Drive Dana Avenue Hamilton Avenue Pitman Avenue Southwood Drive West CrescentDrive C University Avenue Center Drive East Crescen Arcadia Place Louisa Court Newell Pl Sharon Ct Erstwild Court Walter Hays Drive Walnut Drive Newell Road Parkinson AvenuePine Street Mark Twain Street Louis RoadBarbara Drive Primrose Way Iris Way Embarcadero Road Walter Hays DriveLois Lane Jordan Pl Lois Lane Heather Lane Bret Harte Street Stanley Way De Soto DriveDe Soto Drive Alester Avenue Walter Hays Drive Channing Avenue Iris Way tDrive Dana Avenue Hamilton AvenueNewell RoadKings Lane EdgewoodDrive Island Drive Jefferson Drive JacksonDrive Patricia LaneMadison Way EdgewoodDrive Ramona Street Addison AvenueChanning Avenue Waverley Street Tennyson Avenue Seale Avenue Middlefield Road Byron StreetWebster Street Marion AvenueWelch Road Sedro Lane Peral Lane McGregor Way Monroe Drive Silva Avenue Silva Court Miller Court Briarwood Way Driscoll Place Paulsen Ln Community Lane Lane 15 E Court Madeline Ct David Ct Green Ct Oregon Expressway Oregon Expressway Sheridan Avenue Page Mill Road Page Mill Road Foothill Expressway Miranda Avenue Foothill Expressway Cerrito Way Emerson Street Miranda Avenue Lane 20 WLane 20 E Oregon ExpresswayUniversity Avenue Jacob's Ct CalTrain ROW CalTrain ROW CalTrain ROW CalTrain ROW Emerson Street Waverley Street Kipling Street Clark Way Durand Way Sand Hill Road Swain Way Clark Way Mosher Way Charles Marx Way Orchard Lane Vineyard Lane Oak Road Sand Hill Road Sand Hill Road Sand Hill Road Hillv Lane 66 Bryant StreetRamona Street Blake Wilbur Drive West Charleston Road Bayshore Freeway Bayshore Freeway Bayshore Freeway West Bayshore Road East Bayshore Road East Bayshore Road East Bayshore Road West Bayshore Road East Bayshore Road Bayshore Freeway Bayshore Freeway Fabian Way Bayshore Freeway Bayshore Freeway Palo Road Shopping Center Way Shopping Center Way Shopping Center Way London Plane Way Plum Lane Sweet Olive Way Pear Lane Lane 66 La Selva Drive Grove Ct Stanford Avenue Lane 12 WLane 5 E Lasuen Street Serra Mall Escondido Road Olmsted Road Phillips Road Pistache Place Santa Ynez Street Lane B Lane C El Dorado Avenue Oak Creek Drive Clara Drive Bellview Dr Everett Avenue Homer Avenue La Calle SAN ANTONIO AVENUE Matadero Ave Colorado Pl Los Robles Avenue Timlott Ct Vista Villa PaloAltoAvenue Lane La Donna Avenue Cass Way Kenneth Drive Fabian Way Page Mill Road Middlefield RoadChristine Drive Louis Road Charleston Road Bayshore Freeway Bayshore Freeway Chimalus Drive Hanover Street Community Lane Greenwood Avenue Harker Avenue Parkinson Avenue Avenue Maplewood Pl Mackay Drive Santa Teresa Lane Byron Street Varian Way Quail DrQuail Dr Paloma Dr Paloma Dr Trinity Ln Heron Wy Feather Ln Stanislaus LnTuolu mne Ln Plover Ln Sandpiper Ln Curlew Ln Mallard LnEgret Ln Klamath Ln Deodar StAlder LnSpruce Ln Rickey's Ln Juniper Way Rickey's Wy Rickey's Wy Rickey's Wy Juniper Lane Emerson Street Boronda Lane Tahoe Lane Lake Avenue Donner Lane Almanor Lane Fallen Leaf Street Berryessa Street Cashel StNoble St Hettinger Ln Pratt Ln Emma Court Galvez Mall Federation Way Abrams Court Allardice Way Alta Road Alvarado CtAlvarado Row Angell Court Arguello Way Arguello Way Avery Mall Ayrshire Farm Lane Barnes CourtBonair Siding Bowdoin Street Cabrillo Avenue Cabrillo Avenue Campus Drive Campus Drive Campus Drive Campus Drive Campus DriveCampus Drive Campus Drive Campus Drive Campus Drive Campus Drive Campus Drive Campus DriveCampus Drive Campus Drive Capistrano Way Casanueva Place Cathcart Way Cedro Way Cedro Way Churchill Mall Comstock Circle Aboretum Road Aboretum Road Blackwelder Court Campus Drive Cathcart Way Constanzo Street Cooksey Lane Coronado Avenue Cottrell Way Cottrell Way Cowell Ln Crothers Way Dolores Street Dolores Street Dudley Lane Duena Street Electioneer Road Escondido Mall Escondido Mall Escondido Road Escondido Road Escondido Road Esplanada Way Estudillo Road Fremont Road Frenchmans Road Frenchmans Road Galvez Mall Alvarado Row Galvez Street Galvez Street Galvez Street Gerona Road Gerona Road El Escarpado Gerona Road Hoskins Court Hulme Court JenkinsCourt Junipero Serra Boulevard Junipero Serra Boulevard Junipero Serra Boulevard Junipero Serra Boulevard Knight Way Lagunita Drive Lane L L ane W Lasuen Mall Lasuen Mall Lasuen Mall Lasuen Street Lathrop Drive Lathrop Drive Lathrop Place Lathrop Drive Links RoadLinks Road Lomita Drive Lomita Drive Lomita Drive Lomita Drive Lomita DriveLomitaCourt Lomita Mall Los Arboles Avenue Masters Mall Mayfield Avenue Mayfield Avenue Mayfield Avenue Mayfield Avenue Mayfield Avenue Mayfield Avenue McFarland Court Mears CourtMears Court Memorial Way Mirada Avenue Mirada Avenue Museum Way N Service Road N Tolman Ln Nelson Mall Nelson Road North-South Axis Oberlin St Comstock Circle Escondido Mall Olmsted Road Olmsted Road Olmsted Road Olmsted Road Olmsted Road Palm Drive Palm Drive Pampas Lane Panama Mall Panama Mall Panama Street Panama Street Pearce Mitchell Pl Peter Coutts Circle Peter Coutts Road Peter Coutts Road Pine Hill Court Pine Hill Road Quarry Extension Quarry Road Quillen Ct Raimundo Way Rai mundo Wa y Raimundo Way Roble Drive Rosse Lane Roth Way Roth Way Roth Way Running Farm Lane Ryan Court S Service Road S Tolman Ln Salvatierra Street Salvatierra St Salvatierra Walk Samuel Morris Wy San Francisco Terrace San Francisco CourtSan Juan St San Juan St San Rafael Pl Santa Fe Avenue Santa Maria Avenue Santa Teresa Street Santa Teresa Street Santa Ynez Street Searsville Road Sequoia Wy Serra Mall Serra Street Serra Street Serra Street Sonoma Terrace Stanford Avenue Stanford Avenue Stock Farm Road Thoburn Court Tolman DriveValdez Place Valparaiso Street Vernier Place Via Ortega Via Palou Via Pueblo Mall Welch Road Wellesley St Wilbur Way Wing Place Yale St Alma Street Alma Street Alma Street Alma Street Alma Street Hawthorne Avenue Lytton Avenue Alpine Access Road Nathan Abbott Way Sam McDonald Road Sam McDonald Mall Vista Lane Bowdoin Lane Arguello Way Governors Avenue Governors Avenue Governors Avenue S Governors Lane Pasteur Drive Lagunita Drive Alma Village Lane Alma Village Circle R e s e r v oir R o a d Reservoir Road Reservoir Road Ranch Road Ryan Lane O'Connor Lane Gene CtBrassinga Ct Cole Ct Birch Street Arboretum Road Welch RoadPasteur Drive Pasteur Drive This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Commercial & RT Zoning Districts - Office is a Permitted Use w/ Possible GF & Size Limitations ROLM & RP Zoning Districts - Office and R & D is a Permitted Use MOR Zoning District - Medical Office is a Permitted Use PF Zoning District - Office is a Conditional Use GM Zoning District - R & D is a Permitted Use & Office is a Conditional Use Stanford Research Park Annual Office and R&D Cap Area Boundaries City Jurisdictional Limits abc Note: Other uses where Office may be an "accessory use" maybe conditionally permitted in Residential Zoning Districts 0'2200' Of f i c e a n d R & D An n u a l C a p B o u n d a r i e s Ar e a M a p CITY O F PALO A L TO IN C O R P O RATE 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 AltoRRivera, 2015-10-01 11:54:38 (\\cc-maps\gis$\gis\admin\meta\view.mdb) Exhibit A DRAFT ACTION MINUTES Page 3 of 7 City Council Meeting Draft Action Minutes: 9/21/15 6.PUBLIC HEARING - Adoption of an Interim Ordinance Establishing a 50,000 Square Foot Annual Limit on Office/R&D Development in a Portion of the City Including Downtown, the California Avenue Area, and the El Camino Corridor. Environmental Assessment: This Ordinance is Exempt from the California Environmental Quality Act Attachment B DRAFT ACTION MINUTES Page 4 of 7 City Council Meeting Draft Action Minutes: 9/21/15 (CEQA) Pursuant to CEQA Guidelines Section 15061(b)(3); The Planning and Transportation Commission Recommended Adoption. Council Member DuBois advised he would not be participating in this Agenda Item as it pertains to the outer boundary due to his wife’s employment at Stanford University. He left the meeting at 10:05 P.M. MOTION: Mayor Holman moved, seconded by Council Member Kniss to adopt boundaries as identified in the Staff Report and direct Staff to return within six months with a report on Stanford’s progress on reducing single occupancy vehicle trips generated by Stanford Research Park. Public Hearing opened at 10:17 P.M. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to direct Staff to return within six months with a report with potential action on development of office outside of the boundaries. AMENDMENT: Council Member Scharff moved, seconded by Council Member Berman to replace in the Motion, “on development of office outside of the boundaries” with “on including Stanford Research Park”. AMENDMENT PASSED: 6-2 Filseth, Wolbach no, DuBois not participating AMENDMENT: Mayor Holman moved, seconded by Council Member Wolbach to add to the Motion, “to direct Staff to return within one year with a report with potential action on Office/R&D development applications outside of the boundaries.” AMENDMENT TO THE AMENDMENT: Council Member Scharff moved, seconded by Council Member Burt to add to the Motion, “to direct Staff to return within one year with an informational report on Office/R&D development applications outside of the boundaries.” AMENDMENT TO THE AMENDMENT PASSED: 6-2 Holman, Kniss no, DuBois not participating MOTION AS AMENDED PASSED: 8-0 DuBois not participating Council Member DuBois returned at 10:47 P.M. DRAFT ACTION MINUTES Page 5 of 7 City Council Meeting Draft Action Minutes: 9/21/15 Public Hearing closed at 11:09 P.M. MOTION: Council Member Filseth moved, seconded by Council Member Burt to not exempt Coordinated Area Plans from the Office/R&D Development Annual Limit. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add at the end of the Motion, “but at the end the completion of a Coordinated Area Plan process it would come to Council for a determination how the Office/R&D Development Annual Limit would apply.” MOTION AS AMENDED PASSED: 6-3 Holman, Kniss, Schmid no MOTION: Council Member Dubois moved, seconded by Council Member Burt to adopt the Office/R&D Annual Limit Ordinance with the following changes: A. Delete Municipal Code Section 18.85.203(c) – Self Mitigating Buildings; and B. Delete Municipal Code Section 18.85.207(e) – The monetary and/or non-monetary value of public benefits offered; and C. Staff to return with administrative scoring procedure to Council to be used to rank projects. Give projects in the pipeline after March 31, 2015 but deemed completed as of June 15, 2015 more weight in the process; and D. Program to return Council in two years, before it would cease to be in effect, to be either affirmatively continued or modified/replaced. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in Part B of the Motion, “Delete Municipal Code Section 18.85.207(e) – The monetary and/or non-monetary value of public benefits offered” with “Change Municipal Code Section 18.85.207(e) – The value to the community of public benefits offered.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER Municipal Code Section 18.85.207 – Selection Criteria to be weighted as Sections a-b (Impacts), Section c (Design), DRAFT ACTION MINUTES Page 6 of 7 City Council Meeting Draft Action Minutes: 9/21/15 Section d (Environmental Quality), Section e (Public Benefits), Sections f-h (Uses), and Section i (Pipeline). AMENDMENT: Council Member Burt moved, seconded by Council Member Berman to replace Part A in the Motion with, “(1) would provide rental housing for more workers than would be employed in the project; and (2) provide substantial transportation demand management strategies (individually or in cooperation with other projects or programs) to improve the current parking and traffic conditions.” AMENDMENT PASSED: 7-2 DuBois, Filseth no SUBSTITUTE MOTION: Council Member Wolbach moved, seconded by Council Member Kniss to direct Staff to adopt a first come, first serve process for selecting projects. SUBSTITUTE MOTION FAILED: 2-7 Kniss, Wolbach yes AMENDMENT: Council Member Scharff moved, seconded by Council Member Kniss to replace Part C in the Motion, “more weight in the process” with “they would be first in line to be chosen under the Office/R&D Development Annual Limit.” INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE MAKER AND SECONDER replace in the Amendment “first in line to be chosen under the Office/R&D Development Annual Limit” with “selected first and weighted amongst each other.” AMENDMENT AS AMENDED PASSED: 5-4 Burt, DuBois, Holman, Schmid no MOTION AS AMENDED PASSED: 9-0 CJL Stanford Shopping Center Downtown/Unniversity Area UniversityStation PAMF Town & Country California AvenueArea Fry's Site Stanford Research Park El Camino RealCorridor El Camino RealCorridor El Camino RealCorridor Alma Plaza Stanford MedicalCenter CharlestonCenter R-1 San AntonioArea San AntonioArea Midtown West BayshoreArea EdgewoodPlaza East BayshoreArea MSC Embarcadero EastArea SOFA I SOFA II R-1 R-1 (7000) East MeadowCircle s J u n i p e r o S e r r a B o u l e v a r d P a g e M i l l R o ad R o a d E l C a m i n o R e a l S a n A n t o n i o A v e n u e C h a r l e s t o n R oa d O re g o n E x p r e s s w a y M i d d l e f i e l d R o a d U niversity Avenue y 1 0 1 A l m a S t r e e t El Camino Real n e R o a d F o o t h i l l E x p r e s Hi l l vi e w E a st B a y s h or e W e st B a y s h o r e Fabian S a n d Hill R o a d E m b a r c a d e r o R o a d Wallis Ct Donald Drive Encina Grande Drive Cereza Drive Los Robles Avenue Villa Vera Verdosa DriveCampana DriveSolana Drive Georgia Ave Ynigo Way Driscoll Ct ngArthur' Maybell Way Maybell Avenue Frandon Ct Florales Drive Georgia AvenueAmaranta Avenue Amaranta Ct Ki sCourt Terman Drive Baker Avenue Vista Avenue Wisteria Ln Pena Ct Coulombe Drive Cherry Oaks Pl Pomona AvenueArastradero Road Abel Avenue Clemo Avenue Villa Real El Camino Way Curtner Avenue Ventura Avenue Maclane Emerson Street Ventura Ct Park Boulevard Magnolia Dr South El Camino Real Cypress Lane GlenbrookD Fairmede Avenue Arastradero Road Irven Court Los Palos CirLosPalosPl Maybell Avenue Alta Mesa Ave Kelly Way Los Palos Avenue Suzanne Drive Suzanne Drive rive El Camino Real Suzanne CtLorabelle Ct McKellar Lane El Camino Way James Road Maclane Second Street Wilkie Way Camino Ct West Meadow Drive Thain Way Barclay CtVictoria Place Interdale Way West Charleston Road Tennessee LaneWilkie Way Carolina LaneTennessee Lane Park Boulevard Wilkie Ct Davenport Way Alma Street Roosev Monroe Drive Wilkie Way Whitclem Pl Whitclem DriveDuluth Circle Edlee Avenue Dinah's Court Cesano Court Monroe Drive Miller Avenue Whitclem Wy Whitclem Ct Ferne Avenue Ben Lomond Drive Fairfield Court Ferne Avenue Ponce Drive Hemlock Court Ferne Court Alma Street Monroe Drive San Antonio Avenue NitaAvenue Ruthelma Avenue Darlington Ct Charleston Road LundyLane Newberry Ct Park Boulevard George Hood Ln Alma Street eltCircle LinderoDrive Wright Place StarrKingCircle Shasta Drive Mackay Drive Diablo Court Scripps Avenue Scripps Court Nelson Drive Tioga Court Creekside Drive Greenmeadow Way Ben Lomond Drive Parkside Drive Dixon Place Ely Place Dake Avenue Ferne Avenue San Antonio Court (Private) ChristopherCourt CalcaterraPlace Ely Place Ely Place Adobe Place Nelson Court ByronStreet Keats Court Middlefield Road Duncan Place Carlson Court Duncan Place Mumford Place Charleston Road San Antonio Avenue East Meadow Drive Emerson Street Court BryantStreet RooseveltCircle RamonaStreet CarlsonCircle RedwoodCircle South Leghorn Street Montrose Avenue Maplewood Charleston Ct Charleston Road Seminole Way Sutherland Drive Nelson Drive El Capitan Place Fabian Street Loma Verde Avenue Bryson Avenue Midtown Court Cowper Street Gary Court Waverley StreetSouth CourtBryant StreetRamona Street Alma Street Coastland Drive Colorado Avenue Byron Street Middlefield Road Gaspar Court Moreno Avenue Coastland Drive El Carmelo Avenue RosewoodD Campesino Avenue Dymond Ct Martinsen Ct Ramona Street Bryant Street Towle Way Towle Place Wellsbury Ct AvalonCourt FlowersLane Mackall Way Loma Verde Avenue KiplingStreet Cowper Street South Court Waverley StreetEl Verano Avenue Wellsbury Way La Middlefield Road St Claire Drive Alger Drive Ashton Avenue St Michael DriveSt Michael Drive Maureen Avenue Cowper Court Rambow Drive East Meadow Drive Ashton Court Murdoch DriveCowperStreet Murdoch Ct St Michael Court MayCourt Mayview Avenue Middlefield Road Ensign Way Bibbits Drive Gailen CtGailen Avenue Grove Avenue San Antonio Avenue Commercial Street Industrial Avenue Bibbits Drive Charleston Road Fabian Way T East Meadow Drive Grove Avenue Christine Drive Corina Way Ross Road Corina Way Louis Road Nathan Way Transport Street Ortega Court East Meadow Drive yneCourt alisman Loma Verde Avenue Allen Court Ross Court Loma Verde Pl Ames Avenue Richardson Court Holly Oak Drive Ames Avenue CorkOakWay Middlefield Road Ames Ct Ames Avenue Ross Road Rorke Way RorkeWay Stone LaneToyon Place Torreya Court Lupine Avenue Thornwood Drive DriftwoodDrive Talisman Drive Arbutus AvenueRoss Road Louis Road Aspen WayEvergreen Drive East Meadow Drive Corporation WayElwell Court Janice Way East Meadow Circle East Meadow Circle GreerRoad Bayshore Freeway rive Ellsworth PlaceSan Carlos Court Wintergreen Way SutterAvenue Sutter Avenue Clara Drive Price CourtStern Avenue Colorado Avenue Randers Ct Ross Road Sycamore Drive Sevyson Ct Stelling Drive Ross Road David Avenue MurrayWay Stelling DriveStelling Ct ManchesterCourt Kenneth Drive ThomasDriveGreer Road Stockton Place Vernon Terrace Louis Road Janice Way Thomas DriveKenneth Drive Loma Verde Avenue CliftonCourtElbridgeWay Clara Drive BautistaCourt Stockton Place Morris Drive Maddux Drive Piers Ct Louis Road Moraga Ct Old Page Mill Road D CoyoteHillRoad Hillview Avenue Porter Drive Hillview Avenue Hanover Street Foothill Expressway Miranda Avenue Stanford Avenue Amherst Street Columbia StreetBowdoin Street Dartmouth Street Hanover Street College Avenue California Avenue Hanover Street Ramos Way (Private) Page Mill Road Hansen Way Hanover Street Arastradero Road Miranda Avenue e Hill Avenue anuela Avenue Miranda Avenue Laguna Ct Barron Avenue Josina Avenue Kendall Avenue Tippawingo St Julie Ct Matadero Avenue Ilima Way Ilima Court Laguna Oaks Pl Carlitos Ct La CalleLaguna Avenue ElCerrit Paradise Way Roble Ridge (Private) LaMataWay Chimalus Drive Matadero Avenue oRoad Paul Avenue Kendall Avenue Whitsell Avenue Barron Avenue Los Robles Avenue Laguna Way ShaunaLane La Para Avenue San Jude Avenue El Centro Street TimlottLa Jennifer Way Magnolia Dr North La Donna Avenue LosRoblesAvenue Rinc Manzana Lane onCircle Crosby Pl Georgia Avenue Hubbartt Drive Willmar Drive Donald Drive Arastradero Road Foothill Expres La Para Avenue San Jude Avenue Magnolia Drive Military Way Arbol Drive Orme Street Fernando Avenue Matadero Avenue Lambert Avenue Hansen Way El Camino Real Margarita Avenue Matadero Avenue Wilton Avenue Oxford Avenue Harvard Street California Avenue Wellesley StreetPrinceton StreetOberlin Street Cornell Street Cambridge Avenue College AvenueWilliams Street Yale Street Staunton Court Oxford AvenueEl Camino Real Churchill Avenue Park Boulevard Park Avenue Escobita Avenue Churchill Avenue Sequoia Avenue Mariposa Avenue Castilleja Avenue Miramonte Avenue Madrono Avenue Portola Avenue Manzanita Avenue Coleridge Avenue Leland Avenue Stanford AvenueBirch Street Ash Street Lowell Avenue Alma Street Tennyson Avenue Grant Avenue Sheridan AvenueJacaranda Lane El Camino Real Sherman Avenue Ash Street Page Mill Road Mimosa Lane Chestnut Avenue Portage Avenue Pepper Avenue Olive Avenue Acacia Avenue Emerson Street Park Boulevard Orinda Street Birch Street Ash Street Page Mill Road Ash Street Park Boulevard College Avenue Cambridge Avenue New Mayfield Lane Birch Street California Avenue Park Boulevard Nogal Lane Rinconada Avenue Santa Rita Avenue Park Boulevard Seale Avenue Washington Avenue Santa Rita Avenue WaverleyStree Bryant Street High Street Emerson Street Colorado AvenueStreet Emerson Street Ramona Street Bryant Street South Court El Dorado AvenueAlma Street Alma Street HighStreet t Emerson Waverley Oaks Washington Avenue Bryant Street South Court Waverley Street Emerson StreetNevada Avenue North California Avenue Santa Rita Avenue Ramona Street High Street North California Avenue Oregon Expressway Marion Avenue Ramona Street Colorado Avenue Waverley Street Kipling Street South Court Cowper Street Anton CourtNevada Avenue Tasso Street Tasso Street Oregon Avenue Marion Pl Webster Street Middlefield Road Ross Road Warren Way El Cajon Way Embarcadero RoadPrimrose Way Iris Way Tulip Lane Tulip Lane Garland Drive Louis Road Greer Road MortonStreet Greer Road Hamilton Avenue Hilbar LaneAlannah Ct Edge Rhodes Drive Marshall Drive FieldinMoreno AvenueMarshallDrive Dennis Drive Agnes Way Oregon AvenueBlair Court Santa Ana Street Elsinore DriveElsinore CourtEl Cajon Way Greer RoadNorth California Avenue gDrive Colorado Avenue Sycamore Drive Amarillo Avenue VanAukenCircle Bruce Drive Colonial Lane Moreno Avenue Celia Drive Burnham Way Greer Road Indian Drive Elmdale Pl C Tanland Drive Moreno Avenue Amarillo Avenue West Bayshore Road Sandra Place Clara DriveColorado Avenue Greer Road Colorado AvenueSimkins Court Otterson CtHiggins PlaceLawrence Lane Maddux Drive Genevieve Ct MetroCircle MoffettCircle Greer Road East Bayshore Road ardinalWay Santa Catalina Street ArrowheadWayAztec Way Chabot Terrace Oregon Avenue Carmel Drive SierraCourt StFrancisDrive West Bayshore Road Tanland Drive East Bayshore Road woodDrive Edgewood Drive WildwoodLane Ivy Lane East Bayshore Road St Francis Drive Wildwood Lane Watson Court Laura Lane Sandalwood Ct O'Brine Lane (Private) Embarcadero Road FaberPlace Embarcadero Road Geng Road Embarcadero Way E Sand Hill Road Quarry Road Welch Road Arboretum Road Quarry Road Sand Hill Road Homer Avenue Lane 8 West Medical Foundation Way Lane 7 West Lane 7 East Embarcadero Road Encina Avenue El Camino Real Urban Lane Wells Avenue Forest Avenue High Street Emerson Street Channing Avenue Alma Street Alma Street PaloAltoA El Camino Real venue Mitchell Lane Hawthorne Avenue Everett Avenue Lytton Avenue Lane 15 E High Street Alma Street Bryant Street Lane 6 E Lane 11 W Lane 21High Street Gilman Street Hamilton Avenue University Avenue Bryant Court Lane 30 Florence Street Kipling Street Tasso Street Cowper Street Ruthven Avenue Hawthorne Avenue Lane 33PaloAltoAvenue Everett Avenue Poe Street Waverley Street Tasso Street Cowper Street Palo Alto Avenue Webster Street Everett Court Lytton Avenue Byron Street Fulton StreetMiddlefield Road Churchill Avenue Lowell Avenue Seale AvenueTennyson Avenue Melville Avenue Cowper Street Tasso Street Webster Street Byron Street North California Avenue Coleridge Avenue Waverley Street Bryant Street Emerson Street Kellogg Avenue Kingsley Avenue Portal Place Ross Road Oregon Avenue Garland Drive Lane A West Lane B West Lane B East Lane D West Lane 59 East Whitman Court Kellogg AvenueEmbarcadero Road Kingsley Avenue Lincoln AvenueAddison Avenue Lincoln Avenue Forest Avenue Downing Lane Homer Avenue Lane D East Lane 39 Lane 56 Hamilton Avenue Webster Street Waverley Street Kipling Street Bryant StreetRamona Street Addison AvenueScott Street Byron Street Palo Hale Street Seneca Street Lytton Avenue Guinda Street PaloAltoAvenue Fulton StreetMiddlefield Road Forest Avenue Webster Street Kellogg Avenue Middlefield Road Byron Street Webster Street Cowper Street Tasso Street Cowper Street Addison Avenue Lincoln Avenue Boyce Avenue Forest AvenueHamilton Avenue Homer AvenueGuinda Street Middlefield Road Channing Avenue AltoAvenue Chaucer Street Chaucer Street University Avenue Channing Avenue Addison Avenue Lincoln Avenue Regent Pl Guinda StreetLincoln Avenue Fulton Street Melville Avenue Byron Street Kingsley Avenue Melville Avenue Hamilton AvenueHamilton Court Forest AvenueForest Ct Marlowe St Maple Stree Palm Street Somerset Pl Pitman Avenue Fife Avenue Forest Avenue Dana Avenue Lincoln Avenue University Avenue Coleridge Avenue Lowell Avenue Fulton StreetCowper Street Tennyson Avenue Seale Avenue Northampton Drive West Greenwich Pl Middlefield Road Newell RoadGuinda Street East Greenwich Pl Southampton Drive Webster Street Kirby Pl Kent Place Tevis Pl Martin Avenue Center Drive Harriet Street Wils o n S t r e e t Cedar Street Harker Avenue Greenwood Avenue Hutchinson Avenue Channing Avenue Hopkins Avenue Embarcadero Road Ashby Drive Dana Avenue Hamilton Avenue Pitman Avenue Southwood Drive West CrescentDrive C University Avenue Center Drive East Crescen Arcadia Place Louisa Court Newell Pl Sharon Ct Erstwild Court Walter Hays Drive Walnut Drive Newell Road Parkinson AvenuePine Street Mark Twain Street Louis RoadBarbara Drive Primrose Way Iris Way Embarcadero Road Walter Hays DriveLois Lane Jordan Pl Lois Lane Heather Lane Bret Harte Street Stanley Way De Soto DriveDe Soto Drive Alester Avenue Walter Hays Drive Channing Avenue Iris Way tDrive Dana Avenue Hamilton AvenueNewell RoadKings Lane EdgewoodDrive Island Drive Jefferson Drive JacksonDrive Patricia LaneMadison Way EdgewoodDrive Ramona Street Addison AvenueChanning Avenue Waverley Street Tennyson Avenue Seale Avenue Middlefield Road Byron StreetWebster Street Marion AvenueWelch Road Sedro Lane Peral Lane McGregor Way Monroe Drive Silva Avenue Silva Court Miller Court Briarwood Way Driscoll Place Paulsen Ln Community Lane Lane 15 E Court Madeline Ct David Ct Green Ct Oregon Expressway Oregon Expressway Sheridan Avenue Page Mill Road Page Mill Road Foothill Expressway Miranda Avenue Foothill Expressway Cerrito Way Emerson Street Miranda Avenue Lane 20 WLane 20 E Oregon ExpresswayUniversity Avenue Jacob's Ct CalTrain ROW CalTrain ROW CalTrain ROW CalTrain ROW Emerson Street Waverley Street Kipling Street Clark Way Durand Way Sand Hill Road Swain Way Clark Way 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Middlefield RoadChristine Drive Louis Road Charleston Road Bayshore Freeway Bayshore Freeway Chimalus Drive Hanover Street Community Lane Greenwood Avenue Harker Avenue Parkinson Avenue Avenue Maplewood Pl Mackay Drive Santa Teresa Lane Byron Street Varian Way Quail DrQuail Dr Paloma Dr Paloma Dr Trinity Ln Heron Wy Feather Ln Stanislaus LnTuolu mne Ln Plover Ln Sandpiper Ln Curlew Ln Mallard LnEgret Ln Klamath Ln Deodar StAlder LnSpruce Ln Rickey's Ln Juniper Way Rickey's Wy Rickey's Wy Rickey's Wy Juniper Lane Emerson Street Boronda Lane Tahoe Lane Lake Avenue Donner Lane Almanor Lane Fallen Leaf Street Berryessa Street Cashel StNoble St Hettinger Ln Pratt Ln Emma Court Galvez Mall Federation Way Abrams Court Allardice Way Alta Road Alvarado CtAlvarado Row Angell Court Arguello Way Arguello Way Avery Mall Ayrshire Farm Lane Barnes CourtBonair Siding Bowdoin Street Cabrillo Avenue Cabrillo Avenue Campus Drive Campus Drive Campus Drive Campus Drive Campus DriveCampus Drive Campus Drive Campus Drive Campus Drive Campus Drive Campus Drive Campus DriveCampus Drive Campus Drive Capistrano Way Casanueva Place Cathcart Way Cedro Way Cedro Way Churchill Mall Comstock Circle Aboretum Road Aboretum Road Blackwelder Court Campus Drive Cathcart Way Constanzo Street Cooksey Lane Coronado Avenue Cottrell Way Cottrell Way Cowell Ln Crothers Way Dolores Street Dolores Street Dudley Lane Duena Street Electioneer Road Escondido Mall Escondido Mall Escondido Road Escondido Road Escondido Road Esplanada Way Estudillo Road Fremont Road Frenchmans Road Frenchmans Road Galvez Mall Alvarado Row Galvez Street Galvez Street Galvez Street Gerona Road Gerona Road El Escarpado Gerona Road Hoskins Court Hulme Court JenkinsCourt Junipero Serra Boulevard Junipero Serra Boulevard Junipero Serra Boulevard Junipero Serra Boulevard Knight Way Lagunita Drive Lane L L ane W Lasuen Mall Lasuen Mall Lasuen Mall Lasuen Street Lathrop Drive Lathrop Drive Lathrop Place Lathrop Drive Links RoadLinks Road Lomita Drive Lomita Drive Lomita Drive Lomita Drive Lomita DriveLomitaCourt Lomita Mall Los Arboles Avenue Masters Mall Mayfield Avenue Mayfield Avenue Mayfield Avenue Mayfield Avenue Mayfield Avenue Mayfield Avenue McFarland Court Mears CourtMears Court Memorial Way Mirada Avenue Mirada Avenue Museum Way N Service Road N Tolman Ln Nelson Mall Nelson Road North-South Axis Oberlin St Comstock Circle Escondido Mall Olmsted Road Olmsted Road Olmsted Road Olmsted Road Olmsted Road Palm Drive Palm Drive Pampas Lane Panama Mall Panama Mall Panama Street Panama Street Pearce Mitchell Pl Peter Coutts Circle Peter Coutts Road Peter Coutts Road Pine Hill Court Pine Hill Road Quarry Extension Quarry Road Quillen Ct Raimundo Way Rai mundo Wa y Raimundo Way Roble Drive Rosse Lane Roth Way Roth Way Roth Way Running Farm Lane Ryan Court S Service Road S Tolman Ln Salvatierra Street Salvatierra St Salvatierra Walk Samuel Morris Wy San Francisco Terrace San Francisco CourtSan Juan St San Juan St San Rafael Pl Santa Fe Avenue Santa Maria Avenue Santa Teresa Street Santa Teresa Street Santa Ynez Street Searsville Road Sequoia Wy Serra Mall Serra Street Serra Street Serra Street Sonoma Terrace Stanford Avenue Stanford Avenue Stock Farm Road Thoburn Court Tolman DriveValdez Place Valparaiso Street Vernier Place Via Ortega Via Palou Via Pueblo Mall Welch Road Wellesley St Wilbur Way Wing Place Yale St Alma Street Alma Street Alma Street Alma Street Alma Street Hawthorne Avenue Lytton Avenue Alpine Access Road Nathan Abbott Way Sam McDonald Road Sam McDonald Mall Vista Lane Bowdoin Lane Arguello Way Governors Avenue Governors Avenue Governors Avenue S Governors Lane Pasteur Drive Lagunita Drive Alma Village Lane Alma Village Circle R e s e r v oir R o a d Reservoir Road Reservoir Road Ranch Road Ryan Lane O'Connor Lane Gene CtBrassinga Ct Cole Ct Birch Street Arboretum Road Welch RoadPasteur Drive Pasteur Drive This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Commercial & RT Zoning Districts - Office is a Permitted Use w/ Possible GF & Size Limitations ROLM & RP Zoning Districts - Office and R & D is a Permitted Use MOR Zoning District - Medical Office is a Permitted Use PF Zoning District - Office is a Conditional Use GM Zoning District - R & D is a Permitted Use & Office is a Conditional Use Stanford Research Park Annual Office and R&D Cap Area Boundaries City Jurisdictional Limits abc Note: Other uses where Office may be an "accessory use" maybe conditionally permitted in Residential Zoning Districts 0'2200' Of f i c e a n d R & D An n u a l C a p B o u n d a r i e s Ar e a M a p CITY O F PALO A L TO IN C O R P O RATE 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 AltoRRivera, 2015-10-01 11:54:38 (\\cc-maps\gis$\gis\admin\meta\view.mdb) Attachment C City of Palo Alto (ID # 6214) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/26/2015 Summary Title: SECOND READING - Cal Ave Retail Preservation Ordinance Title: SECOND READING - Adoption of an Ordinance of the Council of the City of Palo Alto Amending Chapters 18.04, 18.08 and 18.30 of the Palo Alto Municipal Code to Amend Retail Zoning Regulations for the (CC2) California Avenue District (FIRST READING: September 12, 2015 PASSED: 9-0) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council adopt the subject ordinance (second reading). Executive Summary On September 21, 2015, the City Council conducted a public hearing to consider an ordinance that defines formula retail, establishes a regulatory review process to evaluate those uses when located in the R-Combining district on California Avenue, and to extend the R-Combining district to Cambridge Avenue, certain side streets between Cambridge and California Avenues, along portions of El Camino Real and Park Boulevard. The motion to adopt the ordinance was approved 9-0. In their motion, the Council directed the following changes to the draft ordinance attached to CMR # 6119, which have been incorporated in the version before the Council this evening:  Clarify the definition of formula retail to apply to a business that has ten (10) total business locations in the United States;  Extend the R-Combining district to include PTOD and PF zoned property within the proposed expansion area and modify the boundary near Park Boulevard to exclude residential properties;  Remove the opportunity to apply for a Design Enhancement Exception when a property within the R-Combining district has a legal nonconforming use;  Grant existing legal conforming status to land uses on California Avenue that would be considered formula retail as a result of this ordinance, so that they will not be considered legal nonconforming; City of Palo Alto Page 1  Include a provision to review the ordinance in two years from the effective date of the ordinance; and  Include language to clarify the meaning of ‘primary structural elements’ and methodology for determining 50% removal of exterior walls when demolishing a structure with grandfathered rights in the R-Combining district All of the changes directed by Council have been addressed in the attached ordinance and constitute minor revisions within the general scope of policy changes discussed by the Planning and Transportation Commission (PTC) at their public hearing on August 26, 2015. The change in boundaries requested by the Council has the effect of excluding multifamily properties between Grant and California Avenues and between Park Boulevard and the Caltrain right of way. Owners of these parcels received notice of the PTC and City Council hearings. None of the changes are deemed sufficiently substantive to require another first reading or additional notice. Attachments:  Attachment A: Revised Ordinance (PDF) City of Palo Alto Page 2 NOT YET APPROVED Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Amending Chapters 18.04, 18.08 and 18.30 of the Palo Alto Municipal Code to Amend Retail Zoning Regulations for the (CC2) California Avenue District. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings A. The City of Palo Alto has long been considered the birth place of Silicon Valley. With its proximity to Stanford University, its international reputation, its deep ties to technology firms, its highly rated public school system and its ample public parks, open space and community centers, Palo Alto continues to serve as a hub for technology based business. B. Palo Alto is considered one of Silicon Valley's most desirable office markets. According to one study, Class A office rates have climbed 49 percent since the start of 2010. The same study reported Class B office space increasing by 114.4% since 2010. C. In particular, average commercial rental rates have gone up significantly from 2013 to 2015. In 2013 the average monthly rental rate citywide for office was $4.57 per square foot. That rate increased to $5.12 in 2015. While retail rents have also increased during this period, retail rents are considerably lower than office rents. The average monthly rental rate for retail in 2013 was $4.21 and in 2015 was $4.88. D. These record high monthly rental rates for office and low vacancy rates have created financial incentives to replace current retail use with office use where such conversions are permitted by the City’s zoning ordinance. These economic pressures are more severe in the downtown and California Avenue districts but exist throughout the City. In addition, these trends place particular pressure on small and medium-sized businesses. E. While Palo Alto has several commercial areas which currently house large scale formula retail businesses, the City of Palo Alto desires to retain and foster an eclectic, vibrant and diverse collection of retail and personal services establishments in the California Avenue area in particular. F. Small-and medium-sized businesses tend to be non-traditional or unique and better scaled to be consistent with the City’s neighborhood-and pedestrian-centered character. G. Comprehensive Plan Policy L-5 directs the City to: “Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due to their size and scale.” 20150820 jjs 0160085(v8) 1 NOT YET APPROVED H. Comprehensive Plan Policy L-31 directs the City to: “Develop the Cal-Ventura area as a well-designed mixed use district with diverse land uses, two-to three-story buildings, and a network of pedestrian-oriented streets providing links to California Avenue.” I. Palo Alto is in the process of updating its Comprehensive Plan, and it is expected that the updated Comprehensive Plan will contain additional policies and programs designed to preserve existing retail uses in the City. J. Notwithstanding the economic viability of a formula retail business, the standardized architecture, color schemes, decor and signage of many formula retail businesses can detract from the distinctive character and aesthetics of many Palo Alto neighborhoods. K. The unregulated establishment of formula retail businesses in Palo Alto may hamper the City’s General Plan policies seeking to maintain the character of the City and promote diverse, pedestrian-oriented land uses. L. Money earned by independent businesses is more likely to circulate within the local neighborhood and City economy than the money earned by formula retail businesses which often have corporate offices and vendors located outside of Palo Alto. M. The public’s health, safety and welfare can be detrimentally affected as non­ traditional or unique, neighborhood-serving retail service and related uses are priced-out by rising rents and replaced by uses that do not provide similar services or that fail to activate the street frontage by creating pedestrian activity and visual interest (i.e. non-traditional or unique shop windows and doors). These changes affect neighborhood quality of life, and mean that local residents have to drive to similar retail destinations in other locations, diminishing the public health benefit when residents can walk to needed services and increasing traffic congestion, vehicle miles traveled, and greenhouse gas emissions. These impacts are evident in neighboring communities that have permitted large scale retail businesses to displace smaller locally owned businesses. N. On May 18, 2015, the City Council discussed these issues in detail and directed staff to prepare an urgency ordinance that would preserve existing ground floor retail and retail-like uses, and regulate the proliferation of formula retail businesses in the California Avenue district. These measures are taken at this juncture in order to prevent the over- proliferation of formula retail in the California Avenue area. O. On July 8, 2015 and August 26, 2015, the Planning and Transportation Commission conducted public hearings on this ordinance and recommended approval to the Council. On ____, the City Council conducted a public hearing on this ordinance. // // 20150820 jjs 0160085(v8) 2 NOT YET APPROVED SECTION 2. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of the Palo Alto Municipal Code is hereby amended to add definition 57.6 and amend definition 125 as follows: (57.6) “Formula retail business” means a retail, personal, or eating and drinking service that is one of ten (10) or more business locations in the United States required by contractual or other arrangement to maintain any of the following standardized characteristics: merchandise, menu, services, decor, uniforms, architecture, façade, color scheme, signs, trademark, or servicemark. For purposes of this definition: (A) Standardized merchandise, menu and/or services means 50% or more of in-stock merchandise from a single distributor bearing the same or similar markings; 50% or more of menu items identical in name and presentation with other locations; or 50% or more of services offered identical in name or presentation with other locations. (B) Decor means the style of interior furnishings, which may include but is not limited to, style of furniture, wall coverings or permanent fixtures. (C) Color Scheme means the selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the façade. (D) Uniforms mean standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than name tags) as well as standardized colors of clothing. (E) Façade means the face or front of a building, including awnings, looking onto a street or an open space. (F) Trademark means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others. (G) Servicemark means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others. (125) “Retail service” means a use generally open to the public and predominantly engaged in providing retail sale, rental, service, processing, or repair of items primarily intended for consumer or household use, including but 20150820 jjs 0160085(v8) 3 NOT YET APPROVED not limited to the following: groceries, meat, vegetables, dairy products, baked goods, candy, and other food products; liquor and bottled goods, household cleaning and maintenance products; drugs, cards, and stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, plants, hobby materials, toys, household pets and supplies, and handcrafted items; apparel, jewelry, fabrics, and like items; cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, carpeting and floor covering, interior decorating services, office supplies, musical instruments, hardware and homeware, and garden supplies; bicycles; mopeds and automotive parts and accessories (excluding service and installation); cookie shops, ice cream stores and delicatessens. (A) "Extensive retail service," as used with respect to parking requirements, means a retail sales use having more than seventy-five percent of the gross floor area used for display, sales, and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor covering, air conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of gross floor area. (B) "Intensive retail service" as used with respect to parking requirements, means any retail service use not defined as extensive retail service. SECTION 3. Section 18.08.040 (Zoning Map and District Boundaries) of Chapter 18.08 (Designation and Establishment of Districts) of the Palo Alto Municipal Code is hereby amended as follows: The Retail Shopping (R) combining district currently applicable to property on California Avenue between El Camino Real and Park Boulevard shall be extended to additionally include: (1) property on both sides of Cambridge Avenue between El Camino Real and Park Boulevard; (2) property on Mimosa Lane, Nogal Lane, and New Mayfield Lane; (3) property on Birch Street between California Avenue and Cambridge Avenue; and (4) property abutting the east side of Park Boulevard between Jacaranda Lane and Grant Avenue. The Retail Shopping (R) combining district shall not be applied to property within these boundaries subject to the following zoning: “CC(2)(P) Community Commercial Subdistrict (2) with Pedestrian Combining District” as described in Ordinance No. 4848; and “PC Planned Community” as described in Ordinance No. 4127. The subject properties, as rezoned by this ordinance, are shown on the map labeled Exhibit "A," attached hereto and incorporated herein by reference. 20150820 jjs 0160085(v8) 4 NOT YET APPROVED SECTION 4. Section 18.30(A).040 (Permitted Uses) of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations) of the Palo Alto Municipal Code is hereby amended to read as follows: Except to the extent a conditional use permit is required pursuant to Section 18.30(A).050, the following uses shall be permitted in an R district: (a) Eating and drinking services, except drive-in and take-out services. (b) Personal services, not including beauty shops, nail salons, and barbershops on California Avenue. (c) Retail services. (d) All other uses permitted in the underlying commercial district, provided they are not located on a ground floor. SECTION 5. Section 18.30(A).050 (Conditional Uses) of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations) of the Palo Alto Municipal Code is hereby amended to read as follows: The following uses may be conditionally permitted in an R district, subject to the issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approvals): (a) Financial services, except drive-in services, on a ground floor. (b) All other conditional uses allowed in the underlying commercial district provided they are not located on a ground floor. (c) Formula retail businesses on California Avenue. (d) Beauty shops, nail salons, and barbershops on California Avenue. SECTION 6. Section 18.30(A).060 (Special Requirements) of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations) of the Palo Alto Municipal Code is hereby amended to read as follows: The following special requirements shall apply in the R retail shopping combining district: Lawful conforming permitted uses or conditional uses operating pursuant to a conditional use permit which were existing on April 26, 1984 may remain as grandfathered uses and shall not require a conditional use permit or be subject to the provisions of Chapter 18.70. Such uses shall be permitted to remodel, improve, or replace site improvements on the same site for continual use and occupancy by the same use; provided, that any such remodeling, improvement or replacement shall not result in increased floor area, nor shall such remodeling, improvement or replacement result in shifting of building footprint or building envelope, or increased height, length, building envelope, or any other increase in the size of the improvement, or any increase in the existing degree of 20150820 jjs 0160085(v8) 5 NOT YET APPROVED noncompliance, except through the granting of a design enhancement exception, pursuant to Chapter 18.76 (Permits and Approvals). The intentional destruction or demolition of more than fifty percent (50%) of the exterior walls by horizontal linear feet at the ground floor, or, for structures not principally supported by exterior bearing walls, fifty percent (50%) of primary structural elements of an improvement (including columns, and structural frames) shall terminate any right to a grandfathered use or conditional use pursuant to this section, even if the reconstructed improvement does not alter the building footprint, height, length, envelope, size, or degree of noncompliance. If a use deemed grandfathered pursuant to this section ceases and thereafter remains discontinued for twelve consecutive months, it shall be considered abandoned and may be replaced only by a conforming use. A use deemed grandfathered pursuant to this section which is changed to or replaced by a conforming use shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a grandfathered use to a conforming use, shall not thereafter be used except to accommodate a conforming use. SECTION 7. Section 18.30(A).070 (Waivers and Adjustments) of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations) of the Palo Alto Municipal Code is hereby added as follows: 18.30(A).070 Waivers and Adjustments. The following shall be grounds for a request for waiver or adjustment of this Ordinance: (a) Economic Hardship. An applicant may request that the requirements of this Ordinance be adjusted or waived only upon a showing that applying the requirements of this Ordinance would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. (b) Documentation. The applicant shall bear the burden of presenting substantial evidence to support a waiver or modification request under this Section and shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation. Any request under this section shall be submitted to the Planning and Community Environment Director together with the fee specified in the municipal fee schedule and an economic analysis or other supporting documentation. A request under this section shall be acted upon by the City Council. // // 20150820 jjs 0160085(v8) 6 NOT YET APPROVED SECTION 8. Section 18.76.015 (Additional findings for specified retail uses) of Chapter 18.76 (Permits and Approvals) of the Palo Alto Municipal Code is hereby added as follows: 18.76.015 Additional findings for specified retail uses. A conditional use permit shall not be granted in a R-Combining district for a formula retail business, or a beauty shop, nail salon, barbershop, or financial services use, unless it is found, in addition to the findings required by section 18.76.010, that: (1) The retail or personal service business will offer merchandise and/or services that meet the underserved needs of the City’s residents and visitors. (2) The type of retail or personal service business will enhance the balance and diversity of businesses in the district and in the City as a whole. (3) The retail or personal service business will enhance the economic vitality of the district where the business is proposed to be located and of the City as a whole. In considering this finding, the director or city council may consider existing retail vacancy rates within the district and in the City as a whole. (4) The retail or personal service business is consistent with the character of the district where the business is proposed to be located. (5) The design of the retail or personal service business will be compatible with the architectural and aesthetic character of the district where the business is proposed to be located. SECTION 9. Formula retail businesses on California existing on the effective date of this Ordinance shall be considered legal, conforming uses notwithstanding the lack of a conditional use permit. SECTION 10. The Director of Planning and Community Environment shall report to the City Council on the impact of this Ordinance approximately two years after its adoption. SECTION 11. 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 would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid. SECTION 12. The City Council finds that this ordinance falls under the California Environmental Quality Act (CEQA) exemption found in Title 14 California Code of Regulations Section 15061(b)(3), because it is designed to preserve the status quo and therefore does not have the potential to significantly impact the environment, and Section 15305, because it is designed to assure the maintenance, enhancement, or protection of the environment and involves procedures for the protection of the environment. 20150820 jjs 0160085(v8) 7 ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ NOT YET APPROVED SECTION 13. This ordinance shall be effective on the commencement of the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Deputy City Attorney Mayor APPROVED: City Manager Director of Planning and Community Environment 20150820 jjs 0160085(v8) 8 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 (ID # 6196) City Council Staff Report Report Type: Action Items Meeting Date: 10/26/2015 City of Palo Alto Page 1 Summary Title: Adoption of Healthy Cities, Healthy Communities Resolution Title: Recommendation to Adopt a Healthy Cities, Healthy Communities Resolution to Define and Support the 2015 Council Priority Healthy Cities, Healthy Communities From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council adopt or forward to the Policy and Services Committee for review the Healthy Cities, Healthy Communities Resolution (Attachment A) encouraging healthy social, cultural and physical environments that promote and support health, wellbeing and creative expression for ourselves, our families and our communities. As there are significant implications to this resolution, Policy and Services review may be warranted. Background In 1986, the World Health Organization (WHO) launched Healthy Cities in Europe. WHO defines a healthy city as “a city that is continually creating and improving those physical and social environments and expanding those community resources which enable people to mutually support each other in performing all the functions of life and to develop their maximum potential.” The Healthy Communities movement takes a broad view of health and employs a cross- section of human endeavors to achieve improved health status and community quality of life. Healthy Communities initiatives are a modern illustration of what, in 1838 Alexis deTocqueville observed made America unique and prosperous: its associational life – the way citizens come together to engage in meaningful work for the benefit of community. The League of California Cities has been helping lead the way, encouraging cities to embrace policies that promote healthier lifestyles and communities. The League encourages all cities to adopt resolutions and to work together with the Institute for Local Government and other cities, counties and school districts to promote health and City of Palo Alto Page 2 wellness policies. The League efforts have focused on the campaign Healthy Eating Active Living in partnership with the California Center for Public Health Advocacy. To date, 180 California cities have passed resolutions in support of the Healthy Eating, Active Living Campaign. For more information about the League of California Cities Healthy Eating, Active Living Campaign visit www.healcitiescampaign.org. Discussion On Saturday, January 31, the City Council held its annual retreat at the new Mitchell Park Community Center to discuss and adopt its priorities for the upcoming year and selected “Healthy City, Healthy Communities,” as one of its four priorities. To respond to this new Council priority and explore some of the dimensions that the City might want to focus on, City staff invited representatives from a broad range of Palo Alto organizations, businessses, and residents who have a vested interest in promoting a healthy city and healthy community. Mayor Holman and Council Member Kniss helped kick-off this conversation. The goal was to cultivate an engaged and committed group of stakeholders early in the conversation, so that the Healthy Cities, Healthy Communities priority would garner ownership and commitment from not just the City, but also a diverse group of community partners so that we may have a significant and positive impact for years to come. That objective has taken root, and the stakeholder group has met monthly over the second and third quarters, and a roster of stakeholders is listed in Attachment B. The dialogue that took place during the first stakeholder meetings revealed a need to adopt a framework that would provide direction and structure. In researching successful models, staff learned that the League of California Cities has an active campaign on this important topic, encouraging cities to embrace policies that promote healthier lifestyles and communities. Over the summer, staff met with Kanat Tibet, Director of the League’s Healthy Eating, Active Living campaign, as well as National Director Charlotte Dicksen who made a presentation to our Healthy Cities, Healthy Communities stakeholder group. Both were very supportive of Palo Alto’s interest in adopting a resolution based on their framework and our work to craft an additional Healthy Culture element. Stakeholder conversations have lead to the request for offical endorsement of a resolution memorializing the City’s commitment to this issue. Staff and Palo Alto’s Healthy Cities, Healthy Communities stakeholder group recommend the adoption of a Resolution to join the Healthy Eating, Active Living Campaign, with an additional element specific to Palo Alto (Attachment A). As seen in Palo Alto’s Healthy City Healthy Community Resolution before Council this evening (Attachment A), there are four areas of focus. Three areas of focus are City of Palo Alto Page 3 recommended by the League of CA Cities, namely: Healthy Environment, Healthy Food Access, and Healthy Workplace, a fourth area of focus has been suggested by the stakeholder group and is titled Healthy Culture. 1. Healthy Culture addresses elements of health that support the social, emotional, and mental wellbeing of the community. A healthy culture encourages expressions of creativity, supports an environment of inclusivity and kindness, and ultimately creates the connection between health and happiness. 2. Healthy Environment includes the planning and prioritization of capital projects that increase opportunities for walking, biking and other forms of physical activity in addition to increasing the connection between residents and their natural environment (parks, playgrounds, trails, sidewalks, etc.). 3. Healthy Food Access promotes the collaboration between the City, public and private entities to increase access to healthy and affordable food options such as grocery stores, community gardens, and farmers markets. 4. Healthy Workplace is designed to enhance the quality of life among workers. In our case, we are applying this to our City employees. The well-being of the City’s workforce is critical in fulfilling the mission of the City organization. With a healthy workforce the City will be able to improve productivity, employee morale and job satisfaction. Proposed goals of the Healthy Workplace are to enhance quality of life through physical, emotional and mental health; educate employees on healthy living and ways to implement long lasting habits; improve employee productivity, retention and decrease injury rates; create awareness and self- efficacy around well-being resulting in a more efficient work environment; and promote work-life balance by decreasing stress. The draft Resolution (Attachment A) is a progressive statement of support and commitment to building a healthy City and healthy community. It takes a long-term perspective, recognizing that it will require an ongoing commitment to build and sustain policies, programs and services that contribute to a healthy city and healthy community. Palo Alto has been committed in many ways to health as defined in the Resolution, and the Resolution affirms that commitment and focus. The FY 2016 budget included $50,000 for a community public health consultant to conduct a study regarding the health risks of community members based on age, demographics, and utilization of emergency medical services among other statistics. This study has not yet begun. An additional $31,733 was budgeted for a part-time Public Fire Educator staffing to coordinate outreach programs within the community. So far this Fiscal Year, over 3,000 families and individuals received fire safety talks, station tours, AED training and hands only CPR training. This includes coordinating with 68 schools, businesses, and non-profit organizations. Moreover, to ensure a healthy City of Palo Alto Page 4 employee community within the City organization, the FY 2016 budget included $32,758 to fund a program to promote employee wellness. Funding has been used to develop and maintain an online health coaching tool to increase awareness of healthy options both at work and at home, and an hourly staff person to support for the City Employee Wellness efforts, which are described further below. While the Healthy Cities, Healthy Communities is a 2015 priority, there is recognition of limited resources among the many City programs and services. To that end staff and the stakeholder group suggest what the City in partnership with the community, will strive to accomplish for Fiscal Year 2016-2017, assuming the Council reaffirms Healthy City, Healthy Community as a goal at its 2016 Retreat. See below for the recommended Fiscal Year 2016-2017 goals: FY 2016 /17 Goals: 1. Create a welcome packet for new residents that orients individuals and families to the many health and wellness opportunities available in Palo Alto; 2. Include Healthy City/Healthy Community goals, policies and programs in the Comprehensive Plan Update; 3. Advance specific and safe Bike/Pedestrian Plan projects; 4. Implement a City of Palo Alto Employee Health and Wellness Initiative; 5. In partnership with the business community, coordinate a forum for local businesses to share and learn about workplace health and wellness best practices and encourage the adoption of similar employee health and wellness initiatives; 6. In partnership with community partners, coordinate an annual Health Fair that promotes community health and wellbeing; 7. In partnership with community partners, establish specific metrics to measure progress. Progress has already been made on several of the goals identified for FY16-17, specifically in regards to the Employee Health and Wellness Initiative and the annual Health Fair: Health Fair On Saturday, September 26, the City of Palo Alto partnered with the Palo Alto Family YMCA, Stanford Hospital, and Lucille Packard Children’s Hospital to host a Community Health Fair at Mitchell Park Community Center. Over 26 local non-profit organizations participated in the fair, offering information to attendees about the many health resources available in our community. Medical professionals from Stanford Hospital gave 30 minute seminars on a number of topics ranging from Nutrition, Preventing Injury in Children, and Heart Health followed by an opportunity to speak with the medical professionals one-on-one. The Fair also included hands-on art activities hosted by the Palo Alto Art Center, Cubberley Artist Studio Program, and The Drop Teen City of Palo Alto Page 5 Center. The City of Palo Alto’s BOOST fitness program together with the Palo Alto YMCA offered a variety of exercise demonstrations including Yoga, Tai Chi, Zumba, and Bootcamp. The planning committee estimates 500-600 people attended the event thorughout the day, a great number for a first time collaboration. City of Palo Alto Health & Wellness Initiative In FY 2016 the employee wellness goals will be implemented through a City-wide Health and Wellness Committee, which launched in September 2015. The City has hired an hourly employee to manage the Employee Wellness program, provide publicity and lead the scheduling of speakers, classes and fitness and cooking clubs. Goals for the City Health & Wellness initiative include 1. Offering employee health incentives for healthy eating and physical activity; 2. Encourage walking to meetings and use of stairways; 3. Support emotional and mental wellbeing with Yoga and meditation classes and emotional health workshops; 4. Set nutrition standards for vending machines located in city-owned or leased locations, and for food offered at city events, city-sponsored meetings, served at city facilities and city concessions, and city programs; 5. Accommodate breastfeeding employees upon their return to work; 6. Adopt policies that support diversity, promote safe, positive, inclusive, welcoming work environments that invite creativity; 7. Adopt policies that establish Palo Alto as a leading example of open government dedicated to the health and well-being of the public. In order to offer employee health incentives, the City has contracted with Ceridian to launch an online City of Palo Alto Wellness portal. The portal – which was debuted at the City employee Health Fair on September 30, 2015 - is designed as a one-stop wellness resource for City employees and their families. The wellness programming includes assisting employees in taking a Health Risk Assessment, which gives employees and family members valuable information about their own state of health and that provides follow up programs targeted to the individual situation, like smoking cessation, starting a physical exercise program, and personal coaching by a certified health coach. Offerings through Ceridian include nutrition seminars, exercise and relaxation/meditation courses on-site, and health team challenge participation. The City predicts that the Wellness program will reduce turnover rates and generate savings through decreased absenteeism and reduced medical costs. Ceridian will provide annual data analysis and participation tracking reports over the year and the HR department will monitor turnover, absenteeism and injury rates to track improvement. The Health & Wellness Committee is comprised of driven and positive employees from around the City Departments who are passionate about healthy living in and out of the office. Committee members will share responsibilities with a group of coworkers who City of Palo Alto Page 6 also demonstrate the energy, enthusiasm, and creativity to get people excited about adopting a healthier lifestyle. Timeline It is anticipated that the Healthy City Healthy Community stakeholder group will continute to meet as needed to advance the objectives in the resolution. While this remains a priority of the Council, staff will report annually on progress: including steps taken to implement the Resolution, additional steps planned, and any desired actions that would need to be taken by Council. Resource Impact CSD is the lead department, as health and wellness of the community is already a core focus for the department. CSD will track the implementation of the resoultion goals and objectives. No additional General Fund resources are requested at this time. Any additional budgetary requests will be evaluated as part of the annual budget process. Policy Implications The Comprehensive Plan currently includes a variety of policies and programs that support the Healthy Cities, Healthy Communities Resolution. As Council, the Comprehensive Plan Citizen Advisory Committee and staff work on updating the Comprehensive Plan and policies and prgrams related to health and wellness, to deepen the City’s commitment, may be considered. Attachments:  Attachment A: 0140143 Resolution Healthy City Healthy State (PDF)  Attachment B: Healthy Cities Stakeholder Group (XLSX) NOT YET APPROVED 1 151015 sh 0140143 Resolution No. ________ Resolution of the Council of the City of Palo Alto to Adopt Healthy Social, Cultural and Physical Environments that Promote and Support Wellbeing and Creative Expression for Ourselves, Our Families and Our Community in Support a of Healthy City/Healthy Community WHEREAS, in 1986, the World Health Organization launched Healthy Cities in Europe and the healthy communities movement takes a broad view of health and human endeavors to achieve improved health and community quality of life; and WHEREAS, the League of California cities has been leading the way, encouraging cities to embrace policies that promote healthier lifestyles and communities; and WHEREAS, the City of Palo Alto, League of California Cities and the Palo Alto community have a common interest to promote and develop a safe and healthy city; and WHEREAS, the City is a member of a global community, and benefits in numerous ways from being a diverse community; and WHEREAS, the City of Palo Alto and its community partners can work together to understand the relationship between the health of a community and the community culture, land-use policies, equitable access to healthy food and healthy workplaces; and WHEREAS, supporting the health of residents and the local work force would decrease chronic disease and health care costs while also increasing productivity; and WHEREAS, the City has been designated a Bike Friendly Community by the League of American Bicyclist with over 65.5 miles of bicycle facilities; and WHEREAS, the City benefits from an extensive urban forest with tree canopy covering 37.6% of all land and has been designated a Tree City USA by the Arbor Day Foundation; and WHEREAS, the City has supported healthy and active lifestyles through a comprehensive parks, open space, urban forest, arts and recreation system and maintains 40 miles of trails, 37 parks, 4,000 acres of open space, an 18-hole golf course, an aquatic center, 32 tennis courts and four community gardens; and WHEREAS, the City is currently updating its Comprehensive Plan which is expected to address the health and well-being of the community to the year 2030 by developing health- related goals and policies that reflect the desires of the community over a wide variety of policy areas including but not limited to promoting a pedestrian–friendly built environment that recognizes the importance of walkable neighborhoods, enhancement of the City’s robust tree canopy, and build-out of the City’s envisioned pedestrian and bicycle network; and NOT YET APPROVED 2 151015 sh 0140143 WHEREAS, economic and psychological principles have produced a substantial body of evidence that health is a consistent determinant of self-reported happiness, productivity, and positive attitudes toward one self, the community and environment; NOW, THEREFORE, LET IT BE RESOLVED that the City Council hereby recognizes its role and responsibility in partnership with the community to promote and support a Healthy City/Healthy Community for Palo Alto residents, workers and visitors and hereby the City of Palo Alto adopts this Healthy City/Healthy Community Resolution: NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Healthy Culture The City of Palo Alto in cooperation with the community is committed to building and strengthening a healthy community culture, and making every effort to: 1.Encourage engagement and connection that support a welcoming environment and focus on inclusivity and kindness; 2.Support creativity through visual, performing, and digital arts; 3.Support access to museums, galleries, and musical events; 4.Create opportunities for healthy aging and aging in place; 5.Improve access and awareness to mental health support and education; 6.Seek solutions, promote awareness and compassion for the unhoused; 7.Promote the connection between health and happiness; 8.Support an environment that recognizes the need for all populations to have access to healthy lifestyles and adopt strategies to remedy inequities; 9.Promote and provide opportunities for social interaction; 10.Support youth development through a connection to the arts, educational opportunities, and recreational programs, and through service. SECTION 2. Healthy Environment The City of Palo Alto is dedicated to the design and construction of parks, neighborhoods, streets, and business areas that make every effort to: 1.Ensure the Comprehensive Plan and zoning ordinances increase opportunities for walking, biking and other forms of physical activity; 2.Enact laws and regulations that preserve clean air and water; 3.Prioritize capital improvement projects that increase opportunities for health and wellbeing; 4.Support, protect and connect us to our natural environment and cultural resources; 5.Address walking and biking connectivity between residential neighborhoods and schools, parks, recreational resources and retail, and improve multi-modal transit; 6.Expand community access to indoor and outdoor public facilities through joint use agreements with schools and other partners; 7.Incorporate people-friendly design into buildings and spaces such as human scale, tree-shaded pedestrian passageways, gathering places, that demonstrate favorable impacts on resident and employee health and quality of life; NOT YET APPROVED 3 151015 sh 0140143 8.Examine racial, ethnic, socio-economic, and geographic disparities in access to healthy foods, physical activity facilities, tree canopy cover or resources and adopt strategies to remedy these inequities. SECTION 3. Healthy Food Access The City of Palo Alto in cooperation with public and private entities is committed to healthy food access, and making every effort to: 1.Facilitate the siting of affordable grocery stores and promote community participation in community gardens and farmers markets to increase access to healthy food, including fresh fruits and vegetables; 2.Seek opportunities for increased access to healthy foods, including prioritizing affordable healthy food retail in development policies, proposals and projects; 3.Include health and wellbeing goals and policies related to access to healthy food in the Comprehensive Plan update. SECTION 4. Healthy Workplace In order to promote wellness within the City of Palo Alto, and to set an example for other employers, City of Palo Alto pledges to adopt and implement an employee wellness policy that will: 1.Offer employee health incentives for healthy eating and physical activity; 2.Encourage walking to meetings and use of stairways; 3.Support emotional and mental wellbeing; 4.Set nutrition standards for vending machines located in city-owned or leased locations, and for food offered at city events, city-sponsored meetings, served at city facilities and city concessions, and city programs; 5.Accommodate breastfeeding employees upon their return to work; 6.Adopt ethics standards; and adopt policies that support diversity, promote safe, positive, inclusive, welcoming work environments that invite creativity; 7.Adopt policies that establish Palo Alto as a leading example of open government dedicated to the health and well-being of the public. // // // // // // // NOT YET APPROVED 4 151015 sh 0140143 SECTION 5. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ City Attorney City Manager ATTACHMENT B Name Title / Affiliation City of Palo Alto Dang, Helen HR- Health and Wellness Specialist DeGeus, Rob CSD-Director Holman, Karen Mayor Keene, Jim City Manager Kienzle, Karen Director at Palo Alto Art Center Keith, Claudia Chief Communications Officer Kortsen, Lacee City Staff Teens Lait , Jonathon Planning & Community Environment-Assistant Director Nickel, Eric Fire Chief Peterson, Lon Communications Manager Price, Gail Past Councilmember Roderick, Kim Fire-Emergency Medical Service Director for Shen, Kathy Chief People Officer Struve, Kirsten P/W-Manager Environmental Control Program van der Zwaag, Minka CSD-Manager Human Services Stanford Choi, Enoch University Affiliate Coe, Andy Stanford Health Care Hughes, Karin BeWell Program Coordinator Joshi , Dr. Shashank V Stanford School of Medicine Kelley, John Stanford Continuing Studies Luskin, Fred Forgiveness/Stanford Purpur, Patty Stanford Health Care Other Organizations Andonian, Amy Avenidas CEO Billman, Dawn Chamber of Commerce Ericksen, Leif Youth Community Service Glanckopf, Annette Peninsula Stroke Association Lenoir, Linda Palo Alto Unified School District-District Nurse Markevitch, Pat Parks and Recreation Commission V. Chair Martineau, Catherine Canopy ED McGee, Max Palo Alto Unified School District Miller, Jay Rabbi and executive director of the Peninsula Clergy Network O'Nan, Jill Human Relations Commission Chair Pittman, Lakiba Reckdahl, Keith Parks and Recreation Commission V. Chair Sager, Sherry Chief Govt. Relations Officer-Lucile Packard Children’s Hospital Savage, Daryl Palo Alto Weekly Savage, Jacob Concern Slater, Sandra Palo Alto Forward/Director of Cool City Challenge Uang, Elaine Palo Alto Forward All are welcome to join the Healthy Cities Stakeholder Group meetings. Below is a list initial invitees many of whom continue to participate CITY OF PALO ALTO OFFICE OF THE CITY CLERK October 26, 2015 The Honorable City Council Palo Alto, California Council Direction on Selection of Voting Delegate for the National League of Cities Annual Business Meeting on Saturday, November 7, 2015 The City Council should designate a voting delegate and could designate an alternate voting delegate for the National League of Cities (NLC) Annual Business Meeting to be held on Saturday, November 7, 2015. BACKGROUND: The National League of Cities (NLC) 2015 Congress of Cities and Exposition is scheduled for November 4-7, 2015 at the Nashville Music City Convention Center, Nashville, TN. The Annual Business Meeting will be held at the conclusion of the Congress of Cities and Exposition on Saturday, November 7, 2015. In order to vote at the Annual Business Meeting, the City Council must delegate a voting delegate and could appoint an alternate voting delegate. Mayor Holman, Council Member Kniss and Council Member Wolbach will be attending the Conference. Attached please find correspondence received from the National League of Cities. ATTACHMENTS:  Attachment: Attachment A: NLC- Nashville (PDF) Department Head: Beth Minor, City Clerk Page 2