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2016-08-15 City Council Agenda Packet
City Council 1 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. August 15, 2016 Regular 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 10 days preceding the meeting. 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 Agenda Changes, Additions and Deletions City Manager Comments 6:00-6:10 PM Oral Communications 6:10-6:25 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 6:25-6:30 PM 1. Approval of Action Minutes for the June 20, 27 and 28, 2016 Council Meetings Consent Calendar 6:30-6:35 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 2. Adoption of a Resolution Authorizing Overtime and Portal to Portal Pay for Deployments Away From the City of Palo Alto 2 August 15, 2016 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 3. Finance Committee Recommends Adoption of an Ordinance Amending Chapter 2.30 [Contracts and Purchasing Procedures] of the Palo Alto Municipal Code to Establish Contracting and Purchasing Procedures and to Define the Contracting Authority of City Officers and Employees 4. Approval of Amendment Number 1 to Contract Number S14148347 With North American Youth Activities LLC DBA Kidz Love Soccer Extending the Term to December 31, 2016 and Increasing the Contract Amount by $40,000 for a Total Not-to-Exceed Amount of $295,000 5. Approval of a Three-year Pilot Contract With Genuine Parts Company in an Amount Not-to-Exceed $2,588,096 for an On-Site Fleet Parts and Inventory Program and Approval of a Budget Amendment in the Vehicle Replacement and Maintenance Fund 6. Adoption of a Resolution Determining Underground Utility District Number 47 Property Owners who Elect to pay Underground Conversion Costs Over a Period of Years 7. Adoption of a Resolution Implementing Water Use Restrictions in Stage 1 of the City's 2015 Water Shortage Contingency Plan and Repealing Resolution Number 9509 8. Approval of a Limited-Term Site License Agreement for GreenWaste of Palo Alto to Relocate Operations From Geng Road to a Portion of the Former Los Altos Treatment Plant Property on San Antonio Road; Finding of Categorical Exemption for Existing Facilities Pursuant to CEQA Guideline 15301 9. Approval of Amendment Number 2 to Contract S12142714 With Golder Associates, Inc. for Air Regulatory Support to Extend the Contract Term One Year to September 20, 2017 With no Additional Costs 10. Approval of Amendment Number 2 to the Agreement With the Peninsula Corridor Joint Powers Board for Rail Shuttle Bus Administration to Extend the Term for one Year and add $135,100 to Provide Community Shuttle Service on the Existing Embarcadero Shuttle Route From July 2016 until June 2017 11. Acceptance of the Downtown Residential Preferential Parking (RPP) Program Phase 2 Status Update and Adoption of a Resolution 3 August 15, 2016 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Amending the Eligibility Area for the Program as Directed by the City Council 12.Adoption of a Resolution Approving an Updated FY2017 Professional Services Agreement Between the Northern California Power Agency and the Cities of Palo Alto and Santa Clara for Electric Transmission, Generation and Regulatory Consulting Services, Repealing Resolution No. 9604 and Finding That Such Approval is not a Project Subject to California Environmental Quality Act (CEQA) Review 13.Adoption of a Resolution Establishing Fiscal Year 2016-17 Secured and Unsecured Property Tax Levy for the City of Palo Alto’s General Obligation Bond Indebtedness (Measure N) 14.Policy and Services Committee Recommendation to Accept the Auditor's Office Quarterly Report as of March 31, 2016 15.Policy and Services Committee Recommendation to Approve a Soft Transition of the Annual Performance Report to the City Manager's Office and the Office of Management and Budget Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 6:35-7:35 PM 16.PUBLIC HEARING: 411-437 Lytton Avenue [14PLN-00489]. To Consider an Appeal of the Director of Planning and Community Environment’s Architectural Review Approval of the Construction of a new Three Story Mixed-use, Office and Residential Building (Two Units) and a 1,417 SF Addition to an Existing Historic Category 2 Residence on two Lots to be Merged. A two Level Underground Parking Garage is Proposed to be Constructed Under the new Mixed-use Building Adjacent to the Existing Residential Building; Approval of a Mitigated Negative Declaration and Mitigation and Monitoring Plan 7:35-9:00 PM 17.Review of the Draft Transportation Element Prepared by the Comprehensive Plan Update Community Advisory Committee 9:00-10:00 PM 18.Adoption of the Public Art Master Plan to Guide Public Art for the Next Decade; Authorize the City Manager to Adopt Policies and Guidelines 4 August 15, 2016 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. to Implement the Plan; and Direct Staff to Return With Amendments to the Municipal Code Provisions on Public Art 10:00-10:15 PM 19. Designation of Voting Delegate and Alternate for the League of California Cities Annual 2016 Conference, to be Held October 5-7, 2016 in Long Beach, CA Inter-Governmental Legislative Affairs Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. 5 August 15, 2016 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Standing Committee Meetings Finance Committee Meeting Cancellation Sp. Policy and Services Committee Meeting August 16, 2016 Sp. City School Liaison Committee Meeting August 18, 2016 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report Utilities Resource Management Operating Policies and Plans Update on Plan to Integrate California Water Efficient Landscape Requirements With Palo Alto Urban Forest Master Plan Public Letters to Council July 11, 2016 Set 1 Set 2 July 18, 2016 Set 1 July 25, 2016 Set 1 August 1, 2016 Set 1 August 8, 2016 Set 1 August 15, 2016 Set 1 CITY OF PALO ALTO OFFICE OF THE CITY CLERK August 15, 2016 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the June 20, 27 and 28, 2016 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: Attachment A: 06-20-16 DRAFT Action Minutes (DOC) Attachment B: 06-27-16 DRAFT Action Minutes (DOC) Attachment C: 06-28-16 DRAFT Action Minutes (DOC) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 10 Special Meeting June 20, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:03 P.M. Present: Burt, DuBois, Filseth, Holman, Kniss, Scharff arrived at 6:27 P.M., Schmid, Wolbach arrived at 5:15 P.M. Absent: Berman Closed Session 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Govt. Code Section 54956.8 Property: 4230-4270 Terman Drive, Palo Alto, CA 94306 Assessor’s Parcel Numbers 167-05-029 and 167-04-008 Agency Negotiators: James Keene, Lalo Perez, Hamid Ghaemmaghami Negotiating Parties: Terman Associates, LP and City of Palo Alto Under Negotiation: Potential Sale of City Purchase Option – Including Price and Terms of Payment. MOTION: Council Member Schmid moved, seconded by Council Member Kniss to go into Closed Session. MOTION PASSED: 6-0 Berman, Scharff, Wolbach absent Council went into Closed Session at 5:05 P.M. Council returned from Closed Session at 6:18 P.M. Mayor Burt announced no reportable action. Agenda Changes, Additions and Deletions None. DRAFT ACTION MINUTES Page 2 of 10 City Council Meeting Draft Action Minutes: 6/20/16 Minutes Approval 2. Approval of Action Minutes for the June 6, 2016 Council Meeting. MOTION: Council Member Kniss moved, seconded by Vice Mayor Scharff to approve the Action Minutes for the June 6, 2016 Council Meeting. MOTION PASSED: 8-0 Berman absent Consent Calendar MOTION: Council Member Holman moved, seconded by Council Member Kniss, third by Council Member Filseth to pull Agenda Item Number 10- 411-437 Lytton Avenue [14PLN-00489]: Appeal… to be moved to a date uncertain. MOTION: Council Member Kniss moved, seconded by Mayor Burt, third by Council Member Wolbach to pull Agenda Item Number 12- Denial of a Request for Waiver of the City's … to be moved to a date uncertain. MOTION: Council Member Kniss moved, seconded by Vice Mayor Scharff to approve Agenda Item Numbers 3-9, 11, and 13-16. 3. Approval of the Renewal of a Public-Private Partnership Agreement Between the City of Palo Alto and TheatreWorks, Palo Alto Players and West Bay Opera for the use of the Lucie Stern Community Theatre. 4. Approval of a Contract With Con-Quest Contractors, Inc., in the Amount of $3,293,734 for Channing Avenue/Lincoln Avenue Storm Drain Improvements - Phase III, Capital Improvement Program Project SD-11101, and Approval of a Budget Amendment in the Storm Drainage Fund. 5. Resolution 9604 Entitled, “Resolution of the Council of the City of Palo Alto Approving a Professional Services Agreement Between the Northern California Power Agency and the Cities of Palo Alto and Santa Clara for Electric Transmission, Generation and Regulatory Consulting Services for a One-Year Term.” 6. Approval of a Program Agreement With Motivate, LLC for the Continuation of Bike Share Operations and Maintenance of Existing DRAFT ACTION MINUTES Page 3 of 10 City Council Meeting Draft Action Minutes: 6/20/16 Bay Area Bike Share (BABS) Equipment From June 30, 2016 to November 30, 2016 While a Replacement Bike Share System is Planned and Deployed. 7. Review and Approval of Concept Plans for Quarry Road and Transit Center Bicycle and Pedestrian Improvements Consistent With the Stanford University Medical Center Development Agreement. 8. Approval of a Professional Services Contract With CAD Masters, Inc. for the Ongoing Support, Maintenance, Development, and Enhancement of the Geospatial Design and Asset Management System for the Utilities Department in an Amount of $500,000 per Year for a Total Amount Not-To-Exceed $2,500,000 for up to Five Years. 9. Approval of a Contract With Graham Contractors, Inc., in the Amount of $1,340,469 for the FY 2017 Street Maintenance Program Preventive Street Maintenance Project, Capital Improvements Program Project PE- 86070. 10. 411-437 Lytton Avenue [14PLN-00489]: Appeal of the Planning and Community Environment Director's Architectural Review Approval for the Construction of a new Three Story Mixed-use, Office and Residential Building (two units) and a 1,417 SF Addition to an Existing Historic Category 2 Residence on two Lots to be Merged. A two Level Underground Parking Garage is Proposed to be Constructed Under the new Mixed use Building Adjacent to the Existing Residential Building. Environmental Assessment: A Mitigated Negative Declaration has Been Prepared. Zoning District: Community Commercial Downtown District and Pedestrian Shopping Combining District CD-C(P). 11. Approval of Acceptance of State Funding in the Amount of $424,000 for the Replacement of the City's 9-1-1 System. 12. Denial of a Request for Waiver of the City's Moratorium on Conversion of Ground Floor Retail for the Property at 100 Addison Avenue. 13. Resolution 9605 Entitled, “Resolution of the Council of the City of Palo Alto Calling a General Municipal Election for Tuesday, November 8, 2016.” DRAFT ACTION MINUTES Page 4 of 10 City Council Meeting Draft Action Minutes: 6/20/16 14. Approval of a Contract for On-Call Traffic Signal Equipment Installation Services for Three Years in the Amount of $375,000 With Bear Electric Solutions, Inc. 15. Approval of a Cooperation and Support Agreement With Friends of the Magical Bridge Playground and Authorization to Remit $38,302 in Remaining Funds to the Friends for Playground Services and Activities. 16. Renewal of “Smart Cities” Partnership With Yangpu District, Shanghai, China. MOTION PASSED: 8-0 Berman absent Action Items 17. PUBLIC HEARING: Resolution 9606 Entitled, “Resolution of the Council of the City of Palo Alto Confirming the Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein.” Public Hearing opened and closed without public comment at 6:55 P.M. MOTION: Council Member Kniss moved, seconded by Council Member Schmid to adopt a Resolution confirming the Weed Abatement Report and order abatement costs to be a special assessment on the properties specified in the report. MOTION PASSED: 7-0 DuBois not participating, Berman absent 18. Midtown Connector Feasibility Study and Direction Regarding Potential Bicycle and/or Pedestrian Paths Along Matadero Creek or Parallel Routes. MOTION: Council Member DuBois moved, seconded by Council Member Filseth to direct Staff to: A. Investigate minor improvements to Loma Verde Avenue and a separated path on East Meadow Drive and see if the Santa Clara County grant money can be applied to the East Meadow Drive improvements; and DRAFT ACTION MINUTES Page 5 of 10 City Council Meeting Draft Action Minutes: 6/20/16 B. Focus on a crossing at East Meadow Drive and Alma Street with consideration for the Caltrain trench discussion. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “adopt the Midtown Connector Feasibility Study.” (New Part C) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion Part A, “minor.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B “or Loma Verde Avenue” after “East Meadow Drive.” AMENDMENT: Mayor Burt moved, seconded by Council Member Kniss remove from Motion Part B, “at East Meadow Drive or.” AMENDMENT WITHDRAWN BY THE MAKER AMENDMENT: Council Member Schmid moved, seconded by Council Member XX to add to Motion Part A, “if not proceed, use the grant money on Segments D, E, and F.” AMENDMENT WITHDRAWN BY THE MAKER SUBSTITUTE MOTION: Vice Mayor Scharff moved, seconded by Council Member Schmid to: A. Direct Staff to work with Santa Clara County to determine if the Santa Clara County grant funds can be used to create a Class 4 bike pathway along Loma Verde Avenue and if not, return to Council of where to use the grant money on Segments D, E, and F; and B. Focus on a crossing at Loma Verde Avenue and return to Council prior to spending the funds. INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Substitute Motion, “adopt the Midtown Connector Feasibility Study.” (New Part C) DRAFT ACTION MINUTES Page 6 of 10 City Council Meeting Draft Action Minutes: 6/20/16 INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to Substitute Motion Part A, “or the Loma Verde Avenue path is determined to be infeasible” after “and if not.” INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part B of the Substitute Motion with, “return with a plan for a Caltrain crossing at Loma Verde Avenue and Alma Street prior to spending funds.” INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part A of the Substitute Motion with, A. Direct Staff to return with bikeway improvements along Loma Verde Avenue with a preference for Class 4 Bikeway improvements; and B. Work with Santa Clara County to determine if the Santa Clara County grant funds can be used to create a Class 4 bike pathway along Loma Verde Avenue and if not, or the Loma Verde Avenue path is determined to be infeasible, return to Council of where to use the grant money on Segments D, E, and F. AMENDMENT: Council Member Wolbach moved, seconded by Council Member DuBois to remove from the Substitute Motion Part B, “if not or the Loma Verde Avenue path is determined to be infeasible, return to Council of where to use the grant money on Segments D, E, and F.” AMENDMENT RESTATED: Council Member Wolbach moved, seconded by Council Member DuBois to replace in the Substitute Motion Part B, “if not or the Loma Verde Avenue path is determined to be infeasible, return to Council of where to use the grant money” with “if not return to Council with alternatives for use of the grant money if possible.” AMENDMENT FAILED: 3-5 DuBois, Filseth, Wolbach yes, Berman absent INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Substitute Motion Part A, “with clear indication of what signage and on street markings would be recommended by Staff.” DRAFT ACTION MINUTES Page 7 of 10 City Council Meeting Draft Action Minutes: 6/20/16 INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to remove from the Motion Part B, “of where.” SUBSTITUTE MOTION RESTATED: Vice Mayor Scharff moved, seconded by Council Member Schmid to: A. Direct Staff to return with bikeway improvements along Loma Verde Avenue with a preference for Class 4 Bikeway improvements with clear indication of what signage and on street markings would be recommended by Staff; and B. Work with Santa Clara County to determine if the Santa Clara County grant funds can be used to create a Class 4 bike pathway along Loma Verde Avenue and if not, or the Loma Verde Avenue path is determined to be infeasible, return to Council to use the grant money on Segments D, E, and F; and C. Return with a plan for a Caltrain crossing at Loma Verde Avenue and Alma Street prior to spending funds; and D. Adopt the Midtown Connector Feasibility Study. SUBSTITUTE MOTION AS AMENDED PASSED: 7-1 DuBois no, Berman absent Council took a break from 9:29 P.M. to 9:39 P.M. 19. PUBLIC HEARING: 567 Maybell Avenue [15PLN-00270]: Approval of Mitigated Negative Declaration and Tentative Tract Map With Lot Size Exceptions to Subdivide Four Parcels Totaling 2.47 Acres Into 16 Single-Family Lots, Ranging from 5,000 SF to 6,186 SF, and one Parcel for a Private Street. Environmental Assessment: Mitigated Negative Declaration. Zoning Districts: R-2 and RM-15. Public Hearing opened at 10:09 P.M. Public Hearing closed at 10:50 P.M. This Agenda Item was continued to the June 28, 2016 Council meeting. DRAFT ACTION MINUTES Page 8 of 10 City Council Meeting Draft Action Minutes: 6/20/16 20. Approval of one Contract and two Contract Amendments: (1) Construction Contract With Wadsworth Golf Construction Company in the Amount of $11,964,620 for the Palo Alto Municipal Golf Course Reconfiguration Project, CIP PG-13003; (2) Deductive Change Order Number 1 With Wadsworth Golf Construction Company in the Amount of $1,191,800, Reflecting Cost Savings; and (3) Amendment Number 2 to Contract C13148028 With Golf Group, Ltd. in the Amount of $125,720 for Construction Support and Environmental Mitigation Monitoring Services; Discussion and Direction to Staff Regarding Updated Pro-Forma and Financing Options; Adoption of Resolution 9607 Entitled, “Resolution of the Council of the City of Palo Alto Declaring Intention to Reimburse Expenditures From the Proceeds of Tax-Exempt Obligations (e.g. Certificates of Participation) for a Not-To-Exceed Par Amount of $10.5 Million to Fund a Portion of the Cost of the Palo Alto Municipal Golf Course Reconfiguration Project; and Approval of a Budget Amendment in the General Capital Improvement Fund.” MOTION: Council Member Kniss moved, seconded by Council Member Holman to: A. Approve, and authorize the City Manager or his designee to execute, a contract with Wadsworth Golf Construction Company in the amount of $11,964,620 for the Palo Alto Municipal Golf Course Reconfiguration Project, Capital Improvement Program Project PG-13003; and B. Approve, and authorize the City Manager or his designee to execute, deductive Change Order No. One to the contract with Wadsworth Golf Construction Company in the amount of $1,191,800 to reflect negotiated cost savings measures to be incorporated into the project; and C. Authorize the City Manager or his designee to negotiate and execute one or more additional change orders to the contract with Wadsworth Golf Construction Company for related, additional but unforeseen, work which may develop during the project, the total value of which shall not exceed $1,077,282; and D. Approve, and authorize the City Manager or his designee to execute, Amendment No. Two to Contract No. C13148028 with Golf Group, Ltd. in the amount of $125,720 for construction support and environmental mitigation monitoring services for the Palo Alto Municipal Golf Course DRAFT ACTION MINUTES Page 9 of 10 City Council Meeting Draft Action Minutes: 6/20/16 Reconfiguration Project (PG-13003). The amendment includes $52,395 for basic services and $73,325 for additional services. The revised total contract amount is not to exceed $1,127,751, including $831,995 for basic services and $295,756 for additional services; and E. Adopt a Resolution declaring intention to reimburse expenditures from the proceeds of tax-exempt obligations (e.g. Certificates of Participation) for not-to-exceed par amount of $10,500,000 to fund a portion of the cost of the Palo Alto Municipal Golf Course Reconfiguration Project; and F. Amend the Fiscal Year 2017 Budget Appropriation for the General Capital Improvement Fund by: i. Increasing the estimate for Other Revenue from financing proceeds in the amount of $2,017,616; and ii. Increasing the Capital Improvement Program appropriation for the Golf Reconfiguration & Baylands Athletic Center Improvements Project PG-13003 by $2,252,248; and iii. Decreasing the Capital Infrastructure Reserve by $234,632. MOTION PASSED: 8-0 Berman absent Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements Vice Mayor Scharff reported his attendance at the Bay Area Conservation and Development Commission (BCDC) meeting where the Commission approved a design school on the Oracle campus for high school students. Council Member Kniss reported that the Bay Area Air Quality Management District (BAAQMD) recently moved into a new building which is shared by the Metropolitan Transit Commission (MTC) and the Association of Bay Area Governments (ABAG). DRAFT ACTION MINUTES Page 10 of 10 City Council Meeting Draft Action Minutes: 6/20/16 Council Member Wolbach reported his participation on a ride-along with a Palo Alto Police Officer this past Tuesday. During the ride-along, he joined the Officer representing the Palo Alto Police Department in response to the death of San Jose Police Officer Michael Katherman. He requested Council Members and the community remember Office Katherman, thank Palo Alto Police Officers for their continued service, and remember to drive and ride carefully. Mayor Burt reported his and his wife’s attendance this past Friday at the opening of Fired Up: Monumental Clay at the Palo Alto Art Center. He encouraged members of the community to visit the show. He reported his attendance Saturday night at the Achieve Kids annual Reach for the Stars BBQ. He reported his attendance at and the success of World Music Day on Sunday. Adjournment: The meeting was adjourned in honor of Joe Shakes at 11:52 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 10 Special Meeting June 27, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:10 P.M. Present: Berman, Burt, DuBois arrived at 5:13 P.M., Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Absent: Agenda Changes, Additions and Deletions None. Minutes Approval 1. Approval of Action Minutes for the June 13, 2016 Council Meeting. MOTION: Vice Mayor Scharff moved, seconded by Council Member Berman to approve the Action Minutes for the June 13, 2016 Council Meeting. MOTION PASSED: 9-0 Consent Calendar MOTION: Council Member Berman moved, seconded by Vice Mayor Scharff, third by Council Member Kniss to pull Agenda Item Number 3- Finance Committee Recommendation That Council Adopt a Resolution Adopting a Net Energy Metering… to be continued to a date uncertain. DRAFT ACTION MINUTES Page 2 of 10 City Council Meeting Draft Action Minutes: 6/27/16 MOTION: Council Member Holman moved, seconded by Vice Mayor Scharff, third by Council Member DuBois to pull Agenda Item Number 15- Approval of a Contract With West Coast Arborists… to be heard on June 28, 2016. MOTION: Council Member Kniss moved, seconded by Council Member Berman to approve Agenda Item Numbers 2, 4-14, and 16, including changes to Agenda Item Number 10- Approval of the Purchase of All Rights… as outline in an At Place Memorandum. 2. Approval of a Contract Amendment With Cypress Security, Inc. (C16160138A) in the Amount of $884,552 for a Total Not-to-Exceed Amount of $1,323,992 and Extend the Term of the Agreement to December 31, 2016. 3. Finance Committee Recommendation That Council Adopt a Resolution Adopting a Net Energy Metering Successor Rate E-EEC-1 (Export Electricity Compensation), Establishing the Net Energy Metering Transition Policy, and Amending Rule and Regulation 2 (Definitions and Abbreviations) and 29 (Net Energy Metering and Interconnection). 4. Approval of Budget Amendments in the General Fund’s Transportation Contingency Fund and in the Capital Fund in the Amount of $45,000 for Citywide Engineering and Traffic Speed Surveys. 5. Approval and Authorization for the City Manager to Execute a Purchase Order With CSC Integrations in an Amount Not-to-Exceed $207,025 for an Intrusion Detection System (IDS) to Improve Safety Along the Caltrain Right of Way in the City of Palo Alto and Adoption of a Related Budget Amendment in Fiscal Year 2016 General Fund. 6. Resolution 9608 Entitled, “Resolution of the Council of the City of Palo Alto Amending Utilities Rate Schedule E-15 (Electric Service Connections) and Rules and Regulations 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 18, 20, 23, and 24 (Adoption of Rules, Definitions and Abbreviations, Description of Utility Services, Application of Service, Service Contracts, Establishment and Reestablishment of Credit, Deposits, Access to Premises, Discontinuance, Termination and Restoration of Service, Meter Reading, Billing, Adjustments, and DRAFT ACTION MINUTES Page 3 of 10 City Council Meeting Draft Action Minutes: 6/27/16 Payment of Bills, Metering, Utility Service Connections and Facilities on Customers’ Premises, Special Electric Utility Regulations, Special Wastewater Utility Regulations, and Special Refuse Service Regulations).” 7. Resolution 9609 Entitled, “Resolution of the Council of the City of Palo Alto Amending the Net Surplus Electricity Compensation Rate (E-NSE-1).” 8. Approval and Authorization for the City Manager or his Designee to Execute the Off-Taker Generation Percentage Protection Amendment to the City's Power Purchase Agreement (PPA) With Shiloh I Wind Project LLC (Shiloh PPA) and Delegation of Authority to the City Manager to Execute Documents Necessary to Administer the Shiloh PPA and the City's Five PPAs Associated With Landfill Gas to Energy Projects. 9. Approval of and Authorization for the City Manager to Execute a Master License Agreement for use of City-Controlled Space on Utility Poles and Streetlight Poles and in Conduits With GTE Mobilnet of California Limited Partnership, DBA Verizon Wireless for a Combined Initial and Potential Extension Term of 20 Years. 10. Approval of the Purchase of All Rights, Title, and Interest Held By Globe Wireless at Property Known as Baylands ITT Transmitter Site, Assessor Parcel Numbers: 008-05-001 And 008-05-004 From Globe Wireless Located at 2601 East Bayshore Road And Approve an Amendment to the Budget in the General Fund. 11. Resolution 9610 Entitled, “Resolution of the Council of the City of Palo Alto Determining the Proposed Calculation of the Appropriations Limit for Fiscal Year 2017.” 12. Approval of a Construction Contract for the Lucie Stern Buildings Mechanical and Electrical Upgrades, Capital Improvements Program Project PE-14015, With Iron Construction, Inc. in the Amount of $2,239,781 and Approval of Amendment Number 2 to Contract Number C13148737 With Advance Design Consultants Inc. in the DRAFT ACTION MINUTES Page 4 of 10 City Council Meeting Draft Action Minutes: 6/27/16 Amount of $349,512 for a Not-to-Exceed Amount of $670,267 for Construction Phase Services. 13. Approval of Amendment Number 3 to Contract Number C14153012 With Metropolitan Planning Group to add $440,000 for a Total Not-to- Exceed Amount of $940,000 for Support of Planning Review of Architectural Review Applications. 14. Approval of Amendment Number 5 to Contract Number S13149754 to add $85,000 for a Total Amount Not-to-Exceed $421,000 and Amendment Number 3 to Contract Number S15155809 to add $45,000 for a Total Amount Not-to-Exceed $95,000 With Renne Sloan Holtzman Sakai LLP Public Law Group for Labor Negotiations Services and to Extend Both Contract Terms to June 30, 2017. 15. Approval of a Contract With West Coast Arborists, Inc., in an Amount Not-to-Exceed $3,680,960 for Three Years for Tree Pruning and Removal Services on a Ten Year Maintenance Cycle. 16. Resolution 9611 Entitled, “Resolution of the Council of the City of Palo Alto Adopting the 2017-2019 Management & Professional Compensation Plan.” MOTION PASSED: 9-0 Action Items 21. Review of Recommendations From the Storm Drain Blue Ribbon Committee Regarding Future Storm Water Management Funding and Request for Council Direction on Whether to Proceed With a Proposition 218 Hearing and Property Owner Ballot-by-Mail to Approve Future Storm Water Management Rates (Continued From June 6, 2016). MOTION: Council Member Kniss moved, seconded by Vice Mayor Scharff to: DRAFT ACTION MINUTES Page 5 of 10 City Council Meeting Draft Action Minutes: 6/27/16 A. Accept the Storm Drain Blue Ribbon Committee Report; and B. Direct Staff to proceed with a Proposition 218 ballot-by-mail process to gain property owner approval of the proposed Fee (Recommendation Numbers 1 and 2); and C. Direct Staff to implement the other Report recommendations, consistent with stated qualifiers (e.g. “consider”) (Recommendation Numbers 3-15). AMENDMENT: Council Member Schmid moved, seconded by Council Member XX to add to the Motion, “return in three (3) months with an Informational Report on point source data.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “return within six (6) months with an Informational Report on point source data.” (New Part D) MOTION RESTATED: Council Member Kniss moved, seconded by Vice Mayor Scharff to: A. Accept the Storm Drain Blue Ribbon Committee Report; and B. Direct Staff to proceed with a Proposition 218 ballot-by-mail process to gain property owner approval of the proposed Fee (Recommendation Numbers 1 and 2); and C. Direct Staff to implement the other Report recommendations, consistent with stated qualifiers (e.g. “consider”) (Recommendation Numbers 3-15); and D. Return within six (6) months with an Informational Report on point source data. MOTION AS AMENDED PASSED: 9-0 DRAFT ACTION MINUTES Page 6 of 10 City Council Meeting Draft Action Minutes: 6/27/16 18. Approval of Memorandum of Understanding (MOU) Between the Santa Clara County Housing Authority, the County of Santa Clara and the City of Palo Alto to Provide up to $14.5 Million in City Affordable Housing Funds in Support of the Housing Authority’s Potential Acquisition of the Buena Vista Mobile Home Park for Deed Restricted Affordable Housing, From June 28, 2016 Through June 28, 2018; Authorize the City Manager to Implement MOU Subject to Council Conditions and Reporting. MOTION: Council Member Holman moved, seconded by Council Member Kniss to: A. Approve a Memorandum of Understanding (MOU) with the Housing Authority of the County of Santa Clara and the County of Santa Clara relating to providing funding for the Housing Authority's potential acquisition of the Buena Vista Mobile Home Park in an amount not to exceed $14,500,000 for period June 28, 2016 through June 28, 2018, for the purpose of affordable housing; and B. Authorize the City Manager or his designee to implement and administer the MOU, subject to conditions described in this report. MOTION PASSED: 9-0 Council took a break from 7:16 P.M. to 7:30 P.M. 19. CONTINUED PUBLIC HEARING: to Hear Objections to the Levy of Proposed Assessments on the Palo Alto Downtown Business Improvement District; Resolution 9612 Entitled, “Resolution of the Council of the City of Palo Alto Confirming the Report of the Advisory Board and Levying Assessment for Fiscal Year 2017 on the Downtown Palo Alto Business Improvement District; and Possible Council Direction on Next Steps (Continued From June 6, 2016).” Public Hearing continued from June 6, 2016. Public Hearing closed at 7:33 P.M. DRAFT ACTION MINUTES Page 7 of 10 City Council Meeting Draft Action Minutes: 6/27/16 MOTION: Vice Mayor Scharff moved, seconded by Council Member DuBois to adopt a Resolution confirming the report of the Advisory Board and levying an assessment for Fiscal Year 2017 on the Downtown Palo Alto Business Improvement District. MOTION PASSED: 8-0 Berman not participating 17. Consideration of Ad Hoc Committee Report and Recommendations, Review of Polling, and Discussion and Direction on Potential 2016 Business Tax to Fund Transportation and Parking Improvements, Including Alternative Timing Options, Elements of Measure, Preliminary Revenue Estimates, and Potential Projects and Impacts. MOTION: Council Member Kniss moved, seconded by Council Member Holman to: A. Consider placing a special tax measure requiring a two-thirds vote on a special election ballot in 2017 and utilize the additional time to refine the proposal, build consensus and neutralize potential sources of opposition; and B. Consider placing a general tax measure requiring a simple majority vote on the November 2018 ballot and utilize the additional time to refine the proposal and build consensus and neutralize potential sources of opposition; and C. Create a stakeholder committee. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the beginning of Motion Part B, “if necessary.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to Motion Part C, “to explore priority transportation needs, identify funding requirements and explore various funding options.” DRAFT ACTION MINUTES Page 8 of 10 City Council Meeting Draft Action Minutes: 6/27/16 AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to Motion Part C, “committee members would ideally include but not be limited to Stanford University, the Transportation Management Association (TMA), Palo Alto Unified School District (PAUSD), residents, Stanford Research Park (SRP) Transportation Demand Management (TDM) Working Group.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTON WITH THE CONSENT OF THE MAKER AND SECONDER to add to Motion Part C, “committee members would include a balance of business and resident interests, ideally include but not be limited to Stanford University, the Transportation Management Association (TMA), Palo Alto Unified School District (PAUSD), residents, Stanford Research Park (SRP) Transportation Demand Management (TDM) Working Group.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return with a timeline with activities to plan for a ballot measure.” (New Part D) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the end of Motion Part D, “and options for structure of the stakeholder committee.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to Motion Part C, “and develop a funding plan” after “various funding options.” MOTION RESTATED: Council Member Kniss moved, seconded by Council Member Holman to: A. Consider placing a special tax measure requiring a two-thirds vote on a special election ballot in 2017 and utilize the additional time to refine the proposal, build consensus and neutralize potential sources of opposition; and B. If necessary, consider placing a general tax measure requiring a simple majority vote on the November 2018 ballot and utilize the DRAFT ACTION MINUTES Page 9 of 10 City Council Meeting Draft Action Minutes: 6/27/16 additional time to refine the proposal and build consensus and neutralize potential sources of opposition; and C. Create a stakeholder committee to explore priority transportation needs, identify funding requirements and explore various funding options and develop a funding plan. Committee members would include a balance of business and resident interests, ideally include but not be limited to Stanford University, the Transportation Management Association (TMA), Palo Alto Unified School District (PAUSD), residents, Stanford Research Park (SRP) Transportation Demand Management (TDM) Working Group; and D. Direct Staff to return with a timeline with activities to plan for a ballot measure and options for structure of the stakeholder committee. MOTION AS AMENDED PASSED: 9-0 20. PUBLIC HEARING: 1601 California Avenue [15PLN-00500]: Request by The Board of Trustees of the Leland Stanford Junior University to Amend the Final Map for Tract Number 10281 Recorded January 2015 for the 1451-1601 California Avenue Development, Which Includes a Total of 180 Dwelling Units. Environmental Assessment: City of Palo Alto/Stanford Development Agreement and Lease Project Environmental Impact Report (State Clearinghouse No. 2003082103) Zoning District: Research Park and Alternative Standards Overlay Two (RP(AS2)) District (Continued to June 28, 2016). Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements Vice Mayor Scharff announced that the Federal Aviation Administration Select Committee on South Bay Aircraft Noise will hold meetings on June 29th in Mountain View, and July 15th and July 22nd in Palo Alto. DRAFT ACTION MINUTES Page 10 of 10 City Council Meeting Draft Action Minutes: 6/27/16 Council Member DuBois encouraged Council Members and members of the community to attend the Select Committee meetings. He reported that the Select Committee meeting in Santa Cruz drew more than 500 attendees. Mayor Burt reported on his participation at the Energy Efficiency Forum in Washington D.C. The sustainability and energy efficiency work of the City of Palo Alto was highlighted at various points during the event. He noted the strength of Palo Alto’s Chief Information Officer in supporting coordination between departments. He suggested that a comprehensive narrative highlighting the City’s numerous energy efficiency and sustainability initiatives be drafted. Mr. Keene reported that the City’s narrative continues to evolve as Staff and Council initiate new programs and initiatives. Adjournment: The meeting was adjourned in recognition of federal legislators participating in the recent gun control sit-in at 10:31 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 6 Special Meeting June 28, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:09 P.M. Present: Berman, Burt, DuBois arrived at 6:14 P.M., Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Absent: Agenda Changes, Additions and Deletions Council will hear Approval of a Contract With West Coast Arborists… as Agenda Item Number 4 (Continued from June 27, 2016). Action Items 1. CONTINUED PUBLIC HEARING: to Hear Objections to the Levy of Proposed Assessments on the Palo Alto Downtown Business Improvement District; Adoption of a Resolution Confirming the Report of the Advisory Board and Levying Assessment for Fiscal Year 2017 on the Downtown Palo Alto Business Improvement District; and Possible Council Direction on Next Steps. 2. Review of Recommendations From the Storm Drain Blue Ribbon Committee Regarding Future Storm Water Management Funding and Request for Council Direction on Whether to Proceed With a Proposition 218 Hearing and Property Owner Ballot-by-Mail to Approve Future Storm Water Management Rates (Continued From June 6, 2016). 2A. PUBLIC HEARING: 567 Maybell Avenue [15PLN-00270]: Approval of Mitigated Negative Declaration and Tentative Tract Map With Lot Size Exceptions to Subdivide Four Parcels Totaling 2.47 Acres Into 16 Single-Family Lots, Ranging from 5,000 SF to 6,186 SF, and one Parcel DRAFT ACTION MINUTES Page 2 of 6 City Council Meeting Draft Action Minutes: 6/28/16 for a Private Street. Environmental Assessment: Mitigated Negative Declaration. Zoning Districts: R-2 and RM-15 (CONTINUED FROM JUNE 20, 2016). MOTION: Council Member DuBois moved, seconded by Council Member Filseth to: A. Adopt a Mitigated Negative Declaration; and B. Approve a Record of Land Use Action, including the Mitigation Monitoring and Reporting Program, for the Tentative Tract Map and related lot size exceptions based on findings and conditions of approval included in the Staff Report. MOTION PASSED: 8-1 Wolbach no Council took a break from 6:53 P.M. to 7:00 P.M. 3. CONTINUED PUBLIC HEARING: 1601 California Avenue [15PLN- 00500]: Request by The Board of Trustees of the Leland Stanford Junior University to Amend the Final Map for Tract Number 10281 Recorded January 2015 for the 1451-1601 California Avenue Development, Which Includes a Total of 180 Dwelling Units. Environmental Assessment: City of Palo Alto/Stanford Development Agreement and Lease Project Environmental Impact Report (State Clearinghouse No. 2003082103) Zoning District: Research Park and Alternative Standards Overlay Two (RP(AS2)) District (Continued From June 27, 2016). Council Member DuBois advised that he would not participate in this Agenda Item because he has a source of income from Stanford University. Council Member DuBois left the meeting at 7:02 P.M. Public Hearing opened at 7:10 P.M. Public Hearing closed at 8:03 P.M. Council took a break from 8:09 P.M. to 8:17 P.M. DRAFT ACTION MINUTES Page 3 of 6 City Council Meeting Draft Action Minutes: 6/28/16 MOTION: Vice Mayor Scharff moved, seconded by Council Member Kniss to adopt a Record of Land Use Action (ROLUA) regarding the Amendment to the Final Map for Tract Number 10281. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, A. Including the following additions in the ROLUA: i. Incorporated Comprehensive Plan consistency findings; and ii. Standard indemnification clause; and iii. A reference to the Amending Map of Tract No. 10281. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND THE SECONDER to add to the Motion, “Six Mitigation Measures identified in Environmental Disclosure: University Terrace Project, Palo Alto, California, March 2016, Section 4.1.” (New Part iv) AMENDMENT: Council Member Wolbach moved, seconded by Mayor Burt to add to the Motion, “an additional vapor intrusion measure be added including subslab ventilation or depressurization.” (New Part v) AMENDMENT PASSED: 6-2 Filseth, Schmid no, DuBois absent INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to withhold issuing building permits to the seven homes adjacent to the hotspots until the California Department of Toxic Substances Control (DTSC) issues its No Further Action determination.” (New Part B) AMENDMENT: Council Member Wolbach moved, seconded by Mayor Burt to add to Motion Part v, “for all 40 single family homes not yet under construction.” AMENDMENT PASSED: 7-1 Filseth no, DuBois absent AMENDMENT: Mayor Burt moved, seconded by Council Member Kniss to add to the Motion, “direct Staff to work with the project Developer to DRAFT ACTION MINUTES Page 4 of 6 City Council Meeting Draft Action Minutes: 6/28/16 attempt to locate pedestrian access either toward Page Mill Road or Hanover Street.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to work with the project Developer to attempt to locate pedestrian and bicycle access either toward Page Mill Road or Hanover Street.” (New Part C) MOTION RESTATED: Vice Mayor Scharff moved, seconded by Council Member Kniss to adopt a Record of Land Use Action (ROLUA) regarding the Amendment to the Final Map for Tract Number 10281: A. Including the following additions in the ROLUA: i. Incorporated Comprehensive Plan consistency findings; and ii. Standard indemnification clause; and iii. A reference to the Amending Map of Tract No. 10281; and iv. Six Mitigation Measures identified in Environmental Disclosure: University Terrace Project, Palo Alto, California, March 2016, Section 4.1; and v. An additional vapor intrusion measure be added including subslab ventilation or depressurization for all 40 single family homes not yet under construction; and B. Direct Staff to withhold issuing building permits to the seven homes adjacent to the hotspots until the California Department of Toxic Substances Control (DTSC) issues its No Further Action determination. C. Direct Staff to work with the project Developer to attempt to locate pedestrian and bicycle access either toward Page Mill Road or Hanover Street. MOTION AS AMENDED PASSED: 8-0 DuBois absent 4. Approval of a Contract With West Coast Arborists, Inc., in an Amount Not-to-Exceed $3,680,960 for Three Years for Tree Pruning and DRAFT ACTION MINUTES Page 5 of 6 City Council Meeting Draft Action Minutes: 6/28/16 Removal Services on a Ten Year Maintenance Cycle (Continued from June 27, 2016). MOTION: Council Member Holman moved, seconded by Council Member Kniss to approve and authorize the City Manager or his designee to execute a three-year contract with West Coast Arborists Inc. in an amount not to exceed $3,680,960 for tree pruning and removal services on a ten-year maintenance cycle with the following amendments: A. The contract shall include an annual review and optional extension/amendment clause subject to Council review and approval pending: i. Design of a tree management plan befitting a 29-year Tree City USA designation that addresses the recommendations from the State Urban Forester and relevant others including but not limited to: a. Greenhouse gas reduction benefits of a healthy and well- maintained urban forest including reduced carbon dioxide, lowered energy use, reduced heat island effect; and b. Safety, especially during times of drought and potential resultant limb loss; and c. Storm water interception, habitat retention and creation; and d. Economic and social benefits of a healthy urban forest; and ii. Determination of whether a single source contract is the best method to contract for Palo Alto's tree care; and iii. The cost benefit ratio of maintenance (average $19.00 per tree cost vs $5.82 in benefit is returned for every $1 spent); and B. Such a plan should be presented to Council prior to consideration of a contract in the 2018 budget cycle. SUBSTITUTE MOTION: Vice Mayor Scharff moved, seconded by Council Member Wolbach to: DRAFT ACTION MINUTES Page 6 of 6 City Council Meeting Draft Action Minutes: 6/28/16 A. Direct Staff to accept the original bid of $4,702,450, an additional $1,021,490 over the three-year term; and B. Authorize the City Manager or his designee to execute a new three- year contract with West Coast Arborists, Inc. in an amount not to exceed $4,702,450 for tree pruning and removal services on a 7-year maintenance cycle; and C. Amend the Fiscal Year 2017 Budget Appropriation Ordinance for the General Fund by: i. Increasing the Public Works Department contract services appropriation by $316,900; and ii. Decreasing the General Fund Budget Stabilization Reserve by $316,900. SUBSTITUTE MOTION PASSED: 8-0 DuBois absent Council Member Questions, Comments and Announcements None. Adjournment: The meeting was adjourned at 10:23 P.M. City of Palo Alto (ID # 7092) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Portal to Portal Paid Deployment Title: Adoption of a Resolution Authorizing Overtime and Portal to Portal Pay for Deployments Away From the City of Palo Alto From: City Manager Lead Department: Fire Recommended Motion Staff recommends the City Council adopt a Resolution approving Portal to Portal pay and overtime for certain Fire Department employees. Executive Summary The Palo Alto Fire Department participates in the State Wide Mutual Aid System. This system provides for movement of local government resources throughout the state during times of disasters to assist other government agencies. Passage of the proposed resolution conforms to past practice and provides the required documentation per the California Fire Assistance Agreement (CFAA). Background Cal Fire and the Federal Agencies that have fire suppression responsibilities are not covered under the Statewide Mutual Aid System; therefore, a separate agreement was created several years ago to provide support to these agencies when needed. The CFAA governs the mobilization and payment for resources that respond in support of Cal Fire and the Federal Agencies. Discussion The CFAA has recently gone through an update and rewrite process as allowed under the guidelines of the Governor’s Office of Emergency Services. While a majority of the changes are updating the agreement to reflect current practices, a new requirement has been added requiring local government agencies to provide copies of existing MOUs/MOAs and a governing body resolution or equivalent that indicates how personnel will be compensated. Historically, the method used to reimburse local agencies has been Portal to Portal, meaning the firefighters are paid from the moment they depart for the assignment to the moment they return. This formula has worked well in that it assumes, at some point, the crews providing mutual aid are City of Palo Alto Page 2 earning overtime, as are the crews called in to cover shifts back at the agency’s community. In order to comply with the new requirements and maintain our long-standing process of paying our crews Portal to Portal, we must ask that the City Council adopt a resolution that in essence reinforces what we have already been doing for as long as the department has been providing resources under the CFAA. In addition, as the Department’s Chief Officers are not covered by an MOU/MOA, it is important that the Resolution reinforce the past practice of paying the Chief Officers in the same manner as our firefighters. If this resolution is not adopted, the crews would only be paid for actual hours worked on the fire. The firefighters would not be paid for the time they are in base camp, mandated rest periods or otherwise not engaged in a fire line assignment. While the firefighters are on these assignments, they are not allowed, nor would it be practical, to return home after their shift. Only when the fire is contained or controlled and the firefighters have been demobilized and returned to Palo Alto are they released an allowed to return home. Timeline The adoption of this resolution coincides with the upcoming wildfire season. Resource Impact The adoption of the proposed resolution will have no fiscal impact to the City as the Portal to Portal method of payment identified is the City’s existing practice. Portal to Portal payment under the CFAA is designed to fully compensate the City for the cost of providing resources, including the overtime impact of filling shift vacancies in City stations while crews are deployed. Reimbursements and corresponding increases for overtime expenditures are brought forward to City Council consideration in a given fiscal year once reimbursements have been received. Failure to adopt the proposed resolution may result in less than full compensation to the City of Palo Alto for the cost of providing resources while crews are deployed. The City would likely be required to pay the employees their full salary and overtime based upon past practice, yet the City would only be reimbursed approximately one half the amounts. Attachments: Attachment A: 0200000 RESO Fire Dept Response to Incidents (DOCX) NOT YET APPROVED 1 160616 sh 0200000 Resolution No. ______ Resolution of the Council of the City of Palo Alto Identifying the Terms and Conditions for Compensation and Reimbursement for Palo Alto Fire Department Response to Incidents Outside of the Jurisdiction R E C I T A L S A. The City of Palo Alto Fire Department routinely responds to requests for assistance to incidents outside the jurisdiction; B. The request for resources to respond for assistance may be through an “Assistance for Hire” agreement; C. The City of Palo Alto Fire Department may be compensated for resources provided or reimbursed for response expenses through such agreements; and D. The City of Palo Alto Fire Department personnel will be compensated for all time, including overtime, on a portal to portal basis by the City of Palo Alto for response through such agreements. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. When the City of Palo Alto receives compensation and/or reimbursement for incident/event response through an agreement, such compensation, and/or reimbursement shall be used for personnel compensation, equipment use, repair, and replacement, and allowable administrative costs as authorized by the agreement. SECTION 2. Personnel shall be compensated at a rate specified by a Memorandum of Understanding (MOU) accompanying the agreement, and/or other directive that identifies personnel compensation in the workplace. SECTION 3. In the event a personnel classification does not have an assigned compensation rate “Base Rate” as set forth in an organizational policy, an administrative directive or similar document shall be used to compensate such personnel. SECTION 4. The City of Palo Alto Fire Department will maintain a current salary survey or acknowledgement of acceptance of the “Base Rate’ on file with the California Governor’s Office of Emergency Services, Fire Rescue Division. SECTION 5. Personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response. SECTION 6. The Palo Alto Fire Department response personnel include: Fire Chief, Deputy Chief, Battalion Chief, Fire Captain, Engineer, Fire Inspector and Firefighter. The Palo NOT YET APPROVED 2 160616 sh 0200000 Alto Office of Emergency Services personnel include Program Assistant I (Communications Unit Leader). SECTION 7. 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: __________________________ _____________________________ Principal City Attorney City Manager _____________________________ Fire Chief _____________________________ Director of Administrative Services CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY August 15, 2016 The Honorable City Council Palo Alto, California Finance Committee Recommends Adoption of an Ordinance Amending Chapter 2.30 [Contracts and Purchasing Procedures] of the Palo Alto Municipal Code to Establish Contracting and Purchasing Procedures and to Define the Contracting Authority of City Officers and Employees Recommendation On June 7, 2016, the Finance Committee unanimously recommended adoption of an Ordinance amending Chapter 2.30 (Contracts and Purchasing Procedures) of the Palo Alto Municipal Code to Establish Contracting and Purchasing Procedures and to Define the Contracting Authority of City Officers and Employees (Attachment A). Background Chapter 2.30 of the Municipal Code sets forth the City’s purchasing and procurement procedures, including contract award authority and competitive solicitation requirements. This chapter was overhauled in 2004 following a multi-year effort to streamline, clarify, and simplify purchasing procedures. In 2014, staff engaged the National Institute of Government Procurement (NIGP) consulting to evaluate the City’s procurement process and provide recommendations on improving performance and efficiency. The 2014 NIGP report made recommendations to enhance the operational efficiency of the City’s procurement function with a focus on transitioning the Purchasing and Contracts Administration (Purchasing) Division of the Administrative Services Department (ASD) into a strategic-focused administrative body. The consultant found that the Purchasing Division was spending a significant amount of time on day-to-day transactional processes and recommended a shift to focus on value added strategic procurement activities. Over the past three years, ASD/Purchasing has been implementing the consultant’s recommendations to deliver more efficient and streamlined services to City departments. For example, the City has recently adopted a paperless office environment, including an electronic signature service (DocuSign), an e-document management service, and an e-Procurement service (PlanetBids). Moreover, the City has implemented automation improvements to SAP processing, integration between these systems, and streamlining of procurement work processes and procedures. As a result of these initiatives, Contracts and Purchasing Administration staff has realized increased performance in turn-around times, as well as improved customer satisfaction ratings as rated by City departments in surveys over the last few years. For example, average turn- Page 2 around time has dropped from 25 days in 2015 to 20 days so far in 2016. While this improvement is welcome, the volume of critical City initiatives and projects continues at a high rate, requiring even more streamlining to keep up with the pace to ensure that contracts are turned out quickly so City departments can proceed with work. The 2014 NIGP report also made several recommendations to revise certain sections of the Palo Alto Municipal Code (the Purchasing Ordinance) to enable greater flexibility for the Purchasing Manager to delegate authority to City departments. The team also recommended an increase to the informal and formal solicitation threshold for goods and general services. The ultimate goal of the recommended Code changes was increased efficiency and effectiveness of procurement processes and to enable the shift of limited authority to the City departments. Having implemented many of the consultant’s recommendations that did not require changes to the municipal code, staff now seeks to amend several areas of the Code that may limit flexibility for Purchasing in meeting the needs of City Departments in the modern market place. The proposed ordinance incorporates many of the consultant’s recommendations to offer increased streamlining in the processing of contracts. Along with the above improvements and municipal code changes, if approved by Council, Contracts and Purchasing Administration staff plans to roll out a procurement academy, an online knowledge training center, and an online Civic Shopping Mall to enable cooperative purchasing, in the effort of increasing efficiency and effectiveness. On June 7, 2016, the Finance Committee unanimously recommended adoption of the proposed ordinance. The staff report for the Finance Committee meeting is available at http://www.cityofpaloalto.org/civicax/filebank/documents/52577, and the minutes of the meeting are available at http://www.cityofpaloalto.org/civicax/filebank/documents/52778. Discussion The substantive changes proposed for Chapter 2.30 fall into four categories: 1) changes to enable all City departments to more efficiently meet business requirements for general goods and services and allow Purchasing and Contracts Administration staff to provide more strategic assistance; 2) changes specifically streamlining the purchase and sale of wholesale utility commodities and services; 3) the establishment of local procedures for design-build contracts, should the City wish to pursue this project-delivery model in the future; and 4) changes to clarify ambiguities and create internal consistency. In addition, the proposed ordinance contains a number of clerical updates that are not specifically addressed in this report. 1) Changes to increase efficiency in procurement Citywide: With increased flexibility and departmental purchasing authority for simple and low risk contracts, Purchasing and Contracts Administration staff will be able to focus on improving turn-around performance, training, strategic procurement, and other valued areas. Key recommendations include: Page 3 Increasing flexibility in the use of master contracts, cooperative purchasing arrangements, shared services agreements, and “piggyback” purchasing opportunities where such agreements are similar to Palo Alto’s. (Sections 2.30.360(j) and (k).) Increasing departmental purchasing authority for small contracts from $5K to $10K. (Section 2.30.230.) Increasing the competitive solicitation exemption for professional services contracts from $25K to $50K and for small contracts from $5K to $10K. (Sections 2.30.360(i) and (r).) Increasing the monetary threshold at which formal rather than informal solicitation procedures are required. (Sections 2.30.300 through 2.30.330.) Shifting to electronic publication of solicitation documents via the City’s website (and eliminate newspaper publication requirement). (Sections 2.30.410 and 2.30.420.) With these updates, City departments will have improved turn-around times for many small and medium sized contracts. In turn, staff will be able to shift time to the larger, more complex contracts in an effort to further reduce turn-around time. In addition, department will experience improved project management oversight by having greater immediate control and knowledge of their smaller contracts. This will be supported with training from the Procurement Academy, an online self-help Knowledge Training Center, and the oversight of Purchasing and Contracts Administration in its strategic procurement function. Page 4 While the procurement data above (FY2014, FY2015, FY2016 through April) indicates a gradual decrease in the volume of contract activity, there has been a gradual increase in the sophistication of requested procurements, as with capital projects, IT, and professional services. In the graph above “C-Contracts” are typically contracts that go to Council for approval and “S-Contracts” are typically contracts that don’t require Council approval. If a C- Contract is lower dollar, but still going to Council it is likely an amendment that’s increase the value of a contract that was previously approved by Council, thus requiring Council action to amend. The data also shows the large number of contracts between $5,000 and $10,000. By allowing these contracts to be established without solicitation, as proposed in the municipal code changes, greater time would be available to handle the more complex contracts. This change would also allow for a greater number of contracts to shift to the Master Card purchase card (PCard) system, which further streamlines purchasing activity. With greater efficiency more purchasing staff time can be made available to identify and manage cooperative purchasing arrangements so the City can take advantage of large scale contracts shared across numerous government entities. This requires adopting category management practices of the Purchasing Office which demands a higher level of procurement authority, as proposed in the attached ordinance. Page 5 2) Changes in wholesale utility commodities and services transactions: Palo Alto Municipal Code Section 2.30.340 (Contracts for Wholesale Utility Commodities) allows for the use of master agreements to buy and/or sell electricity, gas and related services through various preapproved (“enabled”) suppliers. Contracts or transactions executed under the Council approved master agreements must be done in accordance with the City’s Energy Risk Management Policy, Guidelines and Procedures. Historically, the process for contracting with wholesale utility suppliers has been to: issue a request for proposals; select multiple creditworthy suppliers; negotiate terms and conditions with the set of potential suppliers; and seek Council approval and authority to transact. As currently implemented, this process can take upwards of one year. The proposed modifications to Section 2.30.140 clarifies the process to enable suppliers by specifically allowing the use of a standard form master agreement that contains the City’s minimum contract terms and conditions. Negotiations will be carried out with qualified suppliers on an ongoing basis without the need to issue successive formal requests for proposals or invitations for bids. Execution of master agreements and delegation of authority to transact under the master agreement specific suppliers will remain subject to Council approval. The proposed change will help ensure the City always has a competitive set of creditworthy enabled suppliers to carry out transactions to meet the City’s electric and gas needs in a timely and efficient manner. Staff also proposes to eliminate the default creditworthiness waiver for suppliers participating in the City’s “feed-in tariff” energy program. The program threshold limit is intended to limit credit risk to the City by only waiving credit requirements up to a certain amount of energy per supplier. Given the size and types of projects which may participate the City’s feed-in-energy tariff, the credit risk to the City is minimal, thus staff requests a default waiver of credit requirements for any supplier participating in the City’s feed-in tariff energy program. 3) Design-build procedures Design-build is a method of project delivery that combines professional design services and construction services into a single contract. Design-build differs from the traditional design-bid- build method, in which the design and construction phases of project delivery are separately bid and awarded. Design-build contracts are commonly used in the private sector, and have become increasingly popular for public agencies in the past several years. In 2014, the State legislature adopted SB 785, revamping design-build authority for California public agencies. The proposed ordinance adds section 2.30.490 to the Municipal Code, exercising Palo Alto’s charter authority to supersede the provisions of SB 785 and set forth local procedures for the solicitation and award of design-build contracts. In short, the proposed ordinance provides Palo Alto with expanded flexibility in the types and sizes of projects eligible for design-build, and the criteria on which contracts are awarded. For design-bid-build projects, PAMC section 2.30.610 prohibits a person or entity from submitting a bid for the construction phase of a project in which they have prepared or assisted Page 6 in preparing plans and specifications. For design-build projects, the proposed ordinance both requires a licensed professional to prepare bridging documents and prohibits that professional from bidding on the design-build project. Any proposed design build contracts would come to the Council for approval before proceeding. This language merely offers the City the flexibility to use design build in the future should it be warranted and approved by the Council. 4) Miscellaneous clarifications and updates Finally, the proposed ordinance contains a number of updates intended to resolve ambiguities in the current code and maintain consistency in the contracting authority delegated to staff. First, the current code sets limits the City Manager’s signature authority at a certain amount per year up to a specified number of years. For example, section 2.30.210 authorizes the City Manager to award contracts for goods at an amount not to exceed $250,000 per year for up to three years. The sole exception to this structure is section 2.30.200, which simply authorizes the City Manager to award public works contracts of up to $250,000, without any provision for multi-year contracts. The proposed ordinance updates section 2.30.200 to permit the City Manager to award public works contracts of up to $250,000 per year for up to three years. Second, for most professional services contracts, staff is authorizes to award contracts of up to $85,000 per year. For legal services contracts, however, section 2.30.220 currently limits the City Attorney to awarding contracts not exceeding $65,000 per year. The proposed ordinance would align the City Attorney’s authority to award legal services contracts with staff authority for all other professional services contracts. Third, section 2.30.290 currently authorizes staff to execute an amendment to a Council- awarded contract, without further Council action, where the amendment simply extends the contract for up to six months without any additional compensation. Such extensions are sometimes necessary for staff to maintain continuity of services at the end of an existing contract. The proposed ordinance would authorize similar six-month extensions for staff- awarded contracts. Resource Impact The proposed changes to the municipal code do not have a direct impact on the City budget. However, as highlighted above, the changes will improve efficiency and decrease turn-around times for contracts and procurements. This will help departments meet critical City initiatives and projects quicker. Without these streamlining efforts it may not be possible to have the same impact without adding staffing resources. The Purchasing Division has not increased staff in recent times. Policy Implications The procurement section of the municipal code serves as the framework for the procurement manual and procurement policy, both of which are used on a daily basis by the Purchasing staff. Page 7 The proposed changes in the municipal code, if approved, will be reflected in the procurement manual and procurement policy. Environmental Review Adoption of the proposed ordinance is not a project under to the California Environmental Review Act (CEQA) and therefore no environmental review is required. ATTACHMENTS: Attachment A: Ordinance Amending Chapter 2.30 [Contracts and Purchasing Procedures] of the Palo Alto Municipal Code (PDF) Department Head: Molly Stump, City Attorney Page 8 NOT YET APPROVED 160510 sh 016/purchasing/2016update 1 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Amending Chapter 2.30 of the Palo Alto Municipal Code [Contracts and Purchasing Procedures] to Establish Contracting and Purchasing Procedures and to Define the Contracting Authority of City Officers and Employees The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 2.30 of the Palo Alto Municipal Code is hereby amended in its entirety to read, as follows: PART 1 GENERAL 2.30.010 Purposes. This chapter defines the contract procurement policies, procedures and requirements for public works construction, general services, professional services, wholesale utility commodities and goods.services, and contracts, the performance for which the city receives substantial value. This chapter establishes the contracting authority of the manager of purchasing and contract administration ("purchasing managerCity Manager, the Chief Procurement Officer ("Procurement Officer"), designated employees, the city manager, the city attorneyCity Manager, City Attorney, and the councilCity Council. The purpose of this chapter is: to foster and encourage the use of best management practices in contracting,; to ensure quality and efficiency while obtainingin the procurement of goods, services, equipment, materials and supplies at the lowest cost commensurate with the quality needed; to provide for a fair and equitable procurement process utilizing standardized solicitation procedures; and to maintain honesty and integrity withinin the procurement process. 2.30.020 Scope. (a) Contracting Authority. Part three of this chapter establishes the authority of certain officers and employees of the city to award and sign contracts. (1) The city manager, purchasing manager, and their authorized delegates and certain designated employees may award and sign contracts within the limits of their authority for: public works construction, general services, professional services, wholesale utility commodities and other energy and energy-related contracts, and contracts or purchase orders for goods, materials, equipment and supplies. (2) The city attorney and authorized delegates may enter into and sign contracts with the limits of their authority for legal services. 160510 sh 016/purchasing/2016update 2 (3) The city manager may also award or approve, and sign, contracts within the limits of his or her authority to: rent, lease, license, acquire or purchase interests in real property from other parties; rent, lease or license city property; provide municipal services to other public entities; provide for indemnity or risk of loss; and any other contract involving city expenditure of an amount of $85,000.00 or less. (a) Contracts for public works construction, general services and professional services, information technology services, wholesale utility commodities and services and other energy related contracts, and contracts, price quotations or purchase orders for goods, materials, equipment and supplies shall be solicited and awarded pursuant to the procedures contained in this chapter. (b) Solicitation and Award Procedures and Requirements. Contracts for public works construction, general services and professional services, wholesale utility commodities and other energy and energy-related contracts, and contracts or purchase orders for goods, materials, equipment and supplies shall be awarded pursuant to the procedures contained in this chapter. The solicitation and award procedures and requirements contained in this chapter shall not apply to the following: (b) Neither the solicitation nor award policies, procedures and requirements contained in this chapter shall not apply to the following: (1) Subdivision agreements, improvement agreements, deferred parking agreements, development agreements and other land use contracts entered into between the city and property owners or developers pursuant to other parts of this municipal code; (2) Franchises and franchise agreements; (3) Contracts between the city and other public entities and public utilities for citythe city’s provision of services to the other entities and utilities; (4) Transactions involving the acquisition, assignment and disposal of interests in real property; and (5) Agreements to provide funds pursuant to the human services resource allocation process or community development block grant program. 2.30.030 Council contract policies adopted by resolution. The councilCouncil may from time to time adopt by resolution policies related to contract solicitation and award procedures and requirements. The policies may include, but shall not be limited towithout limitation, policies addressing local boycotts, protest procedures, and price preferences for use of recycled or sustainable goods and for local businesses. The policies shall not conflict with, but may be in addition to, any provisions of this chapter. All councilCouncil 160510 sh 016/purchasing/2016update 3 policies shall be considered and implemented in the solicitation and award of contracts made under this chapter. 2.30.040 Centralized purchasing. Purchasing to be centralized. All acquisitions and purchases shall be made by and through the purchasing managerProcurement Officer, except: (a) Purchases of goods and services made from petty cash funds pursuant to control procedures approved by the city managerCity Manager and contained in the administrative policies and procedures manual maintained by the city managerCity Manager; (b) Emergency purchases made in conformance with Federal Emergency Management Agency (“FEMA”) Public Assistance Program’s procurement orders, or other similar rules, regulations, guidelines and control procedures for cost reimbursement purposes approved by the city managerCity Manager and contained in the purchasing manual; (c) Contracts for legal services; (d) Purchases of goods and services and in payment of public works services by city procurement card (“P-card”) or other credit card, made in conformance with control procedures approved by the city managerCity Manager and contained in the purchasing manual; (e) Purchases, where the total expenditure by the city does not exceed $510,000.00, made in conformance with control procedures approved by the city managerCity Manager and contained in the purchasing manual; and (f) Transactions negotiated under master contracts for wholesale utility commodities and services, as defineddescribed in Section 2.30.140 and made in conformance with Section 2.30.340.; (g) Mutual aid agreements; and (h) Delegations made according to Section 2.30.230. 2.30.050 Purchasing manual. The purchasing managerProcurement Officer shall prepare a written purchasing manual that implements the requirements of this chapter. The purchasing manual shall establish and describe in detail the contract solicitation and award procedures and requirements that must be followed in making acquisitions, purchases and licenses on behalf of the city. The purchasing manual shall include, among other things, control procedures established under the 160510 sh 016/purchasing/2016update 4 authority of this chapter. The city managerCity Manager shall approve the purchasing manual and any modifications made to the manual from time to time. 2.30.060 Validity of contracts and purchase orders. The city shall not be and is not bound by any contract, price quotation, purchase order, document, or any other agreementunlessagreement, unless it is made, in a writing which, and is both: (a) Approved by the councilCouncil and signed by the mayor, vice mayor or other duly authorized officer or employee on behalf of the city as provided in this chapter; and (b) Approved as to form by the city attorneyCity Attorney, as provideddescribed in Section 2.30.070. The foregoing requirements shall not apply to authorized purchases with a city P-card or other credit card. 2.30.070 Approval as to form by the city attorneyCity Attorney. The city attorneyCity Attorney shall approve as to form all contracts, price quotations, purchase orders, documents and other agreements. The city attorneyCity Attorney’s approval as to form may be performed on a general basis (standardizedby standard form contract) or on an individuala case-by-case basis. No city office or department other than the city attorneyOffice of the City Attorney is authorized to create, modify or approve for use standardizedstandard form contracts. Each contract, price quotation, purchase order, document or other agreement that is subject to individual review and approval by the City Attorney shall be signed by the city attorneyCity Attorney or designee to signify that it is approved as to form. A standardizedstandard form contract that has been approved by the city attorneyCity Attorney for general use may be used without further approval or signature by the city attorney so long asCity Attorney, provided the form of contract is not modified. The purchasing managerProcurement Officer in consultation with the city attorneyCity Attorney and the city auditorCity Auditor shall be responsible for creating a control system for the creation and use of standard form contracts, price quotations, purchase orders, documents and other agreements to be included in the purchasing manual. // // 160510 sh 016/purchasing/2016update 5 2.30.080 Interpretive authority. The city attorneyCity Attorney shall haveexercise the sole authority to interpret the provisions of this chapter and to issue rulings or, in writing, interpretive opinions concerning the meaning and application of the provisions of this chapter. 2.30.90 No conflicting policies or procedures. No city committee, office, department, board, commission or other division or body may adopt or create an internal procurement policy or procedure that conflicts with or is not consistent inconsistent with any provision of this chapter. PART 2 CONTRACT TYPES 2.30.100 Public works contract. A public works contract isincludes a contract paid for, in whole or in part, out of public funds for the construction, alteration, repair, improvement, reconstruction or demolition of any public building, facility, street, sidewalk, utility, park or open space improvement, or other public improvement. 2.30.110 Contract for goods. A contract for goods isincludes a contract or purchase order for the purchase of supplies, materials or equipment, including, but not limited towithout limitation, office supplies, janitorial supplies, furnishings, equipment, machinery, tools, vehicles, computer hardware and software and other personal property, materials or goods. A contract for goods includes a blanket purchase order contractscontract, where no particulara specified quantity of units to be purchased is not established at the time the contract is executed. A blanket purchase order contract must establish a maximum dollar amount of expenditure for the contract and set forth pricing terms for the items to be purchased. A contract for goods may include labor incidental to the purchase of goods, such asincluding any set-up, installation, and testing services. 2.30.120 General services contract. A general services contract isincludes a contract, providing for work, labor or services not requiring specialized experience, knowledge or training with or without the furnishing of goods, materials, supplies or equipment, for work, labor or services including, but not limited towithout limitation: (a) Maintenance of public buildings, streets, parks and playgrounds and other public improvements; (b) Repair, modification and maintenance of equipment or other goods; 160510 sh 016/purchasing/2016update 6 (c) Licensing, installation and maintenance of or relating to information technology property, goods and services, including, without limitation, computer hardware and software;, and including the provision of data storage services, unless the information technology services that would require specialized certification, expertise, knowledge, or training are needed and provided; (d) Janitorial services, uniform cleaning, tree trimming, street sweeping, power washing and landscape maintenance; and (e) Leasing ofor licensing of goods and other personal property for use by the city.; and (f) General class instruction, including, without limitation, recreation class instruction services. 2.30.130 Professional services contract. A professional services contract isincludes a contract for services which involveinvolves the exercise of professional discretion and independent judgment based on specialized certification, knowledge, expertise or training. These services may include, but are not limited towithout limitation, those provided by accountants, actuaries, auditors, appraisers, architects, attorneys, engineers, financial advisors, information technology experts, instructors, and environmental and land use planners. 2.30.140 Contracts for wholesale utility commodities. and services. A contract for wholesale utility commodities isand services includes a contract with a private or public supplier orof utility commodities and services or other counterparty (in the case of gas or electricity) for the purchase or sale-incidental-to-purchase of water, gas or electricity and all related supplemental or ancillary services, and any other energy or energy-related contract., including, without limitation: transmission; renewable energy credits; offsets; allowances; energy procured via a “feed in tariff,” and regulatory compliance instruments. A contract for wholesale utility commodities and services further includes, but is not limited towithout limitation, a master agreement containing general terms and conditions that provide for the execution of one or more purchase or sale-incidental-to-purchase transactions under the terms of a standard form contract and any exhibit or, addendum thereto. or confirmation. 2.30.150 Contracts for dark fiber optics licensing services. A contract for dark fiber optics licensing services isincludes a contract with any person, including, without limitation, a telecommunications or non-telecommunications carrier, an internet services provider, a distributed antenna system services provider, or a small cell technology services provider for the licensing of city-owned, city-installed and city-maintained dark fiber optics and related facilities, if any, located in the public rightrights-of-way and public 160510 sh 016/purchasing/2016update 7 utility easements. A telecommunications carrier includes any person subject to the Telecommunications Act of 1996, as amended. A non-telecommunications carrier includes any person that is not a telecommunications carrier, or other federal law now or hereinafter in effect. 2.30.160 Emergency contracts. A contract for goods or services necessary to protect the public health, safety, and welfare in the event of an emergency. An emergency means and includes an urgent unforeseen event that threatens life, property, or the general public health, safety and welfare, including, without limitation, an emergency declared by the Federal Emergency Management Agency. The City Manager is authorized to conclude an emergency exists without further declaration by the Council. PART 3 CONTRACTING AUTHORITY 2.30.200 Purchasing managerProcurement officer contract award authority. The purchasing managerProcurement Officer may award and sign the following contracts: (a) Public works contracts. Public works contracts, where the term does not exceed three years, and the contract price, plus and any price contingency established for change orders, does not exceed $85,000.00but excluding sales tax or use tax, do not exceed $85,000.00 in the first contract year, and do not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year. (b) Contracts for goods. Contracts to purchase goods, where the term does not exceed three years, and the contract price, plus and any price contingency established for change orders or additional services, but excluding sales tax or use tax, doesdo not exceed $85,000.00 in the first year, and doesdo not exceed the sum of $85,000.00, plus and any unexpended monies carried forward from a prior fiscalcontract year, in any subsequent contract year. (c) General services contracts. General services contracts, where the term does not exceed three years, and the contract price, plus and any price contingency established for change orders or additional services, but excluding sales tax or use tax, does not exceed $85,000.00 in the first contract year, and does not exceed $85,000.00 plus and any unexpended monies carried forward from a prior contract year, in any subsequent contract year. (d) Professional services contracts. Professional services contracts, where the term does not exceed three years, and the contract price, plus and any price contingency established for change orders or additional services, but excluding sales tax or use tax, doesdo not exceed the sum of $85,000.00 in the first contract year, and doesdo not exceed the sum of $85,000.00, plus and any unexpended monies carried forward from a prior contract year, in any subsequent contract year. 160510 sh 016/purchasing/2016update 8 (e) Software and hardware purchase, licensing and Maintenance Contracts. Notwithstanding subsectionSubsection 2.30.200(c), the purchasing managerProcurement Officer may award and sign contracts other than general services agreements, including, without limitation, vendor-based standard form hardware and software purchase and licensing contracts, for the purchase of hardware and software, the licensing of software, and the maintenance of licensed computer software for any period of time during which the city maintains licenses for the hardware and software, where the term of licensing or maintenance services does not exceed five years and the contract price, excluding sales tax or use tax, does not exceed $85,000.00 per year in the first contract year and does not exceed the sum of $85,000.00, plus and any unexpended monies carried forward from a prior year, in any subsequent contract year.contract year, in any subsequent contract year. The contracts referred to herein may include contracts for data storage services, which shall be subject to the city’s information security policies, terms, conditions and other requirements established by the chief information officer. 2.30.210 City manager contract award authority. The city managerCity Manager may award and sign the following contracts: (a) Public Works Contracts. Public works contracts, where the term does not exceed three years, and the contract price, plus and any price contingency established for change orders, is greater than $85,000.00, but does not exceed excluding sales tax or use tax, do not exceed $250,000.00 in the first contract year, and do not exceed the sum of $250,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year. (b) Contracts for Goods. Contracts to purchase goods, where the term does not exceed three years and the contract price, plus and any contingency established for change orders or additional services, but excluding sales tax or use tax, is greater than $85,000.00 but doesdo not exceed $250,000.00 in the first contact year, and doesdo not exceed the sum of $250,000.00 plusand any unexpended monies carried forward from a prior contract year, in any subsequent contract year. (c) General Services Contracts. Contracts to leasefor services associated with the leasing or licensing of personal property other than hardware or software, where the term is greater than three years butdoes not more thanexceed seven years, and the contract price doesand any price contingency established for change orders, but excluding sales tax or use tax, do not exceed $85,000.00 in the first contract year, and doesdo not exceed the sum of $85,000.00 plus any unexpended monies carried forward from a prior contract year, in any subsequent contract year. (d) Contracts for Studies and Services Related to Private Development. Professional services contracts for: (1) the preparation of environmental assessments or other studies 160510 sh 016/purchasing/2016update 9 deemed necessary by the director of planning and community environment for the processing of applications for private development projects, or (2) inspection and plan review services deemed necessary by the director of planning and community environment to evaluate conformity of private development projects with applicable building codes, regardless of the cost or term thereof, provided the applicant for the private development project agrees, in writing, to bear responsibility for the entire contract cost, and the contract does not require the expenditure of city funds in any amount. (e) Rewards. The city managerCity Manager may offer and pay rewards, where the amount of the reward does not exceed $25,000.00, in accordance with the procedures of Section 2.30.800. (f) Emergency Contracts. An emergency is an urgent unforeseen situation that threatens life, property, or the general public health, safety and welfare. In emergency situations the city managerThe City Manager is authorized to expend city funds for emergency contracts, as defined in Section 2.30.160, without limitation on the contract cost or amount and without following the contract solicitation and award procedures otherwise required by this chapter. The city manager is authorized to conclude, provided that any procurement of goods and services obtained during an emergency exists without further declarationdeclared by the council.Federal Emergency Management Agency shall comply with applicable FEMA Public Assistance Program’s procurement orders, rules, regulations, guidelines and control procedures for cost reimbursement purposes. Expenditures made during an emergency must be reported to the councilCouncil at the next regular meeting if approval for such expenditures would otherwise have been made by the council.Council. The City Manager may issue a verbal report to the Council before a written report is delivered. (g) Contracts to Rent, lease, License, Acquire, Transfer or Purchase Interests in Real Property from Other Parties. Contracts to rent, lease, licensefor the rental, leasing, licensing, or purchase by installment interests in real property from other parties for a term of seven years or less, where the contract price does not exceed $85,000.00 per year., or to encumber or transfer any interest in real property from other parties for any term of years. The city managerCity Manager may enter into and sign contractsa contract to acquire or purchases interestspurchase an interest in real property, where the contract price does not exceed $85,000.00. (h) Contracts to Rrent, lLease, or lLicense cCity Real pProperty to oOther pParties. The authority granted under this sectionSection is distinct from the authority of the director of community services to grant individuals and groups permits for the exclusive temporary use of buildings, and facilities located in, and the areas of, city parks and open spaces, as described in Title Chapter 22.04 of this municipal code. or in the park and open space regulations. The city managerCity Manager may award and sign contracts to rent, lease or license city real property to other parties regardless of the price for a term not exceeding three years. Notwithstanding the preceding sentence, the city managerCity Manager may enter into and sign contracts to 160510 sh 016/purchasing/2016update 10 rentfor the rental, lease or licenselicensing of real property at the Cubberley siteCommunity Center for terms of up to five years. (i) Contracts to Provide Municipal Services to other Public Entities. Contracts or Utilities. A contract to provide municipal services and functions to any other local public agency, public utility or other public entity in any amount for a term not exceeding three years;, provided the contract is in compliance with the city council all Council-adopted policypolicies covering such contracts. The authority granted herein does not include the authority of the City Manager to add permanent employee positions. (j) Contracts Providing for Indemnity or Risk of Loss. The city managerCity Manager, with the concurrence and approval of the city attorneyCity Attorney and the insurance risk manager, may enter into and sign contracts, otherwise within the limits of his or her authority under Section 2.08.140 of this municipal code, that provide for the city or its officers or employees to defend, indemnify, or assume the risk of damage, loss, or liability for, or subrogate to any other contracting party respecting claims, demands, actions, losses or liabilities arising from the city's performance or non-performance under the contract. (k) Wholesale Utility Commodities and Services Contracts. Wholesale utility commodities and services contracts, where the term does not exceed five years and the contract price does not exceed $250,000.00 in any contract year. (l) Software and Hardware Purchase, Licensing and Maintenance Contracts. Notwithstanding Subsection 2.30.210(c), the City Manager may award and sign contracts other than general services agreements, including, without limitation, vendor-based standard form hardware and software purchase and licensing contracts, for the purchase of hardware and software, the licensing of software, and the maintenance of hardware and software, where the term of licensing or maintenance services does not exceed seven years and the contract price, excluding sales tax or use tax, does not exceed $85,000.00 per year in the first contract or fiscal year and does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior fiscal year, in any subsequent contract or fiscal year. The contracts referred to herein may include contracts for data storage services, which shall be subject to the city’s information security policies, terms, conditions and other requirements established by the chief information officer. (k)(m) Other Contracts. All other types of contracts for which the contract term does not exceed three years and the total expenditure by the city does not exceed $85,000.00 in the first contract or fiscal year, and does not exceed the sum of $85,000.00, plus and any unexpended monies carried forward from a prior fiscal year, in any subsequent contract or fiscal year. (l) Wholesale utility commodity contracts. Wholesale utility commodity contracts where the term does not exceed three years and the contract price does not exceed $250,000.00 in any year, including but not limited to gas transportation contracts and power transmission 160510 sh 016/purchasing/2016update 11 contracts with Pacific Gas and Electric Company and any public agency contract as defined in Section 2.30.340(d). 2.30.220 City attorney contract award authority. The city attorneyCity Attorney may award and sign contracts for legal services, including, without limitation, services provided by outside counsel, investigators, consultants and other experts needed for litigation or other administrative and legal proceedings, to be provided to the city for any time period, where the contract price, plus and any contingency established for change orders or additional services, but excluding sales tax or use tax, doesdo not exceed $65the sum of $85,000.00 in the first contract or fiscal year, and doesdo not exceed $65the sum of $85,000.00, plus and any unexpended monies carried forward from a prior fiscal year, in any subsequent contract or fiscal year. The city attorneyIn addition to the authority described herein, the City Attorney may sign contracts, where the contract price exceeds the amounts set forth above, provided the councilCouncil has first approved the use of such services. 2.30.225 Wholesale utility commodity transactions. The city manager,City Manager, the director of utilities and their designated employees may enter into and execute transactions for wholesale utilities commodities and services in accordance with the authority, limits and procedures set forth in the Energy Risk Management Policies Guidelines and Procedures Manual, as amended from time to time. 2.30.230 Designated employee purchases of $510,000.00 or less. Employees authorized, in writing, by their department headheads may award and sign contracts for the purchase of goods and contracts for the procurement of general services, where the contract price does not exceed $510,000.00 and the contract term isdoes not exceed one year or less. All such purchases and procurements shall be made in accordance with the contractcontracting procedures and requirements contained in the purchasing manual. All department head The written authorizations of department heads shall be kept on file inby the office of the purchasing managerProcurement Officer. 2.30.240 Designated employeesemployees’ use of petty cash and city credit card. Employees authorized in writing by their department headheads, including by completed P-card authorization request form, may make purchases by using petty cash or make payments by using a city P-card or other credit card. All such purchases shall be made in accordance with the contractcontracting procedures and requirements contained in the purchasing manual. All department headThe written authorizations of department heads shall be kept on file in the office of by the purchasing managerProcurement Officer or other designated employee. // 160510 sh 016/purchasing/2016update 12 2.30.250 Council approval/ or award of contracts. The councilCouncil shall approve and/or award and the mayor or vice-mayor shall sign all contracts for which no contracting or signature authority has been established under this chapter, except tounless the extent the councilCouncil has previously authorized a city officer or employee to negotiate and execute a contract on the city’s behalf without the further approval of the councilCouncil. 2.30.260 Contracts with terms exceeding one year - appropriation. ContractsAny contract with a term exceeding one year shall not be approved by any personcity employee with contracting authority under this chapter or the councilCouncil, unless the total amount due and payable by the city over the life of the contract is appropriated at the time the city assumes the obligation to pay, or the total amount due and payable during the first full or partial fiscal year of a multi-fiscal year contract is appropriated and the contract is subject to annual appropriation by the councilCouncil of amounts to become due and payable in subsequent fiscal years. The requirements of this sectionSection do not apply to contracts not subject to the debt limit requirements of Article XVI, Section 18 of the California Constitution, as determined by the city attorneyCity Attorney or designee. 2.30.270 Delegations of authority to contract. This sectionSection establishes the exclusive source of authority to delegate any authority to contract granted by this chapter. The authority to delegate contracting authority shall not be implied from any other provision inof this municipal code. (a) Purchasing ManagerProcurement Officer Delegations. The purchasing managerProcurement Officer may delegate the authority granted under Section 2.30.200, as follows: Personsa city employee holding the position of contract manager or senior buyer may be authorized to award and sign contractsany contract in an amount of $50,000.00 or less per year with a term not to exceed three years; and a city employee holding the position of buyer may be authorized to award and sign any contract in an amount of $25,000.00 or less per year with a term not to exceed three years; persons holding the position of buyer may be authorized to award and sign contracts in an amount of $10,000.00 or less per year with a term not to exceed three years. (b) City Manager Delegations. The city managerCity Manager may delegate anythe authority to contract granted to the city managerCity Manager by this chapter or Section 2.08.140(a)(3) and (5) of this municipal code to the assistant city manageran Assistant City Manager and to the director of administrative servicesDirector of Administrative Services, and, as to wholesale utility commodities and services contracts and transactions issued thereto and other utility related transaction, , the City Manager may delegate to the directorDirector of utilitiesUtilities. If the assistant city manageran Assistant City Manager, the director of administrative servicesDirector of Administrative Services, or the directorDirector of 160510 sh 016/purchasing/2016update 13 utilitiesUtilities is unable to exercise the authority delegated to him or her due to legal or physical incapacity, constraint, or unavailability, the city managerCity Manager may, with the prior concurrence of the city attorneyCity Attorney, delegate the authority to another person.any other city employee. (c) City Attorney Delegations. The city attorney City Attorney may delegate any authority to contract granted to the city attorneyCity Attorney by this chapter to a personcity employee holding the position of principal attorney or, if the principal attorney is unavailable, senior assistant city attorney. (d) Delegations to be Written. All delegations of authority shall be in writing, be dated, and describe the limits of the authority delegated, including but not limited to, without limitation, the type, dollar amount, quantity of goods or , the scope of services or authority, and durationthe term of the contracts that may be executed under the delegation. All delegations of authority shall be kept on file inby the office of the purchasing managerProcurement Officer. 2.30.280 Authority to modify and terminate contracts not approved or awarded by the councilCouncil. (a) Each personemployee with contracting authority underconferred by this chapter may authorize and sign amendments or change orders to contracts they havehe or she awarded under the authority granted in this chapter subject to the following: (a1) All modifications to contracts, including, but not limited towithout limitation, changes to the scope of work, quantity of goods, price or term shall be made in writing, and accomplished in accordance with the terms of the original contract; and (b2) The amendment or change ordersorder to a contract shall not cause the contract, as modified, to exceed the monetary or term limits of that person’scity employee’s contracting authority, as defineddescribed in this chapter. Each person, except that the city employee may extend the term of a contract, with no increase in the compensation payable, for a period not to exceed six consecutive months beyond the term limits of his or her contracting authority granted under; and (3) For contracts awarded under an exemption from competitive solicitation pursuant to Section 2.30.360 or Council action, the amendment or change order to a contract shall not cause the contract, as modified, to exceed the scope of the exemption from competitive solicitation. (b) Each city employee with contacting authority conferred by this chapter to award and sign a contract also hasshall have the authority to terminate the contract in accordance with the contractcontract’s terms and conditions. // 160510 sh 016/purchasing/2016update 14 2.30.290 Authority to modify contracts awarded by the councilCouncil. (a) The councilCouncil, at the time it awards a contract or authorizes a city officialofficer or employee to award a contract, may also authorize the city officialofficer or employee to execute an amendment or change order to a contract in an amount exceeding the monetary and/or term limits of the official’sofficer or employee’s contractcontracting authority set forth, as described in this chapter. Amendments or change orders made under the authority granted by the councilCouncil shall be in writing, accomplished in accordance with the terms of the original contract or the original contract, as amended, and shall not cause the contract, as modified, to exceed the limits of the contracting authority granted by the councilCouncil. (b) The city managerCity Manager is authorized to enter into and execute for and on behalf of the city, without the prior approval of the councilCouncil, any amendment or change order to a contract, previously approved by the councilCouncil, that does not increase the compensation forpayable under the contract or to accomplish the following: (1) To extend the term of the contract for a period not to exceed six consecutive months from the last councilCouncil-approved contract expiration date; or (2) To make minor revisions to the scope of services or delivery schedule; or (3) To make clerical corrections. In addition, the city manager(c) The City Manager may approve and sign assignments of contracts, including, without limitation, leases and licenses, previously approved by the councilCouncil when he or she has determined that the proposed assignee has the ability, capacity, experience and skill and is otherwise qualified to perform the contract. 2.30.295 Limitations on contract authority; authority otherwise conferred. (a) This chapter does not authorize a city officer or employee to award or sign any contract which suchthat the officer or employee is otherwise prohibited from awarding or signing under the provisions of the city charter, this municipal code, or any other applicable law, or by any ordinance, resolution, minute order or other official action of the councilCouncil. (b) Nothing isin this chapter shall limit any authority conferred by the city council through a resolution delegating authorityCouncil to a city officer or employee to negotiate and execute contractsany contract on the city council'sCouncil's behalf without the further approval of the city councilCouncil. // // 160510 sh 016/purchasing/2016update 15 PART 4 COMPETITIVE SOLICITATION REQUIREMENTS 2.30.300 Public works contracts. Public Works Contractsworks contracts that are not exempt from thesethe competitive solicitation requirements under Section 2.30.360 or by resolution of the city council action shall be solicited, as follows: (a) Public works contracts, providing for an estimated expenditure of $6585,000.00 or less, and not otherwise required to be formally bid by the charter, shall be solicited by informal bid in accordance with the provisions of Section 2.30.400. (b) Public works contracts, providing for an estimated expenditure exceeding $6585,000.00, shall be solicited by formal bid in accordance with the provisions of Section 2.30.420. (c) Article VII, Section 6 of the City Charter requires formal bidding only for public works contracts funded by bonded indebtedness of the city or by assessment against particular property in the city. However, the intent of thisPalo Alto. Section 2.30.300 is to require requires the formal bidding forof all public works contracts exceeding $6585,000.00, unless exempt as an exemption is provided inby Section 2.30.360 or is otherwise authorized by Council Section 2.30.300(d).by resolution of the council as provided in this Section 2.30.300. The council may determine by resolution that a particular public works project may be solicited and contracted for using alternate project delivery methods, including but not limited to design build, construction manager at risk, or competitive negotiation. Any such resolution shall set forth the reasons supporting the use of the alternate project delivery method for the project and describe the solicitation method to be used and the criteria for determining the party to whom the contract should be awarded. (d) Design-build contracts, to the extent debt financing limitations do not apply, that provide for an expenditure of more than $85,000.00 shall be solicited by requests for proposals in accordance with Section 2.30.490. Despite any law to the contrary, the design-build method of delivery may be used for any public works contract, including, without limitation, any design- build-operate contracts, where the City Manager determines, in writing, the delivery method will best fulfill the requirements of the public works project. (e) The Council may determine that a particular public works project may be solicited and contracted for by using alternate project delivery methods, including, without limitation, construction manager at risk or competitive negotiation. Any Council action authorizing an alternate project delivery method shall set forth the reasons and factual basis supporting the use of the alternate project delivery method for the project and describe the solicitation method to be used and the criteria for determining the successful bidder, to whom the public works contract should be awarded. // 160510 sh 016/purchasing/2016update 16 2.30.310 Contracts for goods. Contracts for goods, not exempt from the competitive solicitation requirements under Sectionunder Section 2.30.360 or by Council action, shall be solicited, as follows: (a) Contracts for goods, providing for an estimated expenditure by the city of $2550,000 or less, shall be solicited by informal bid in accordance with the provisions of Section 2.30.400; and (b) Contracts for goods, providing for an estimated expenditure by the city exceeding $2550,000, shall be solicited by formal bid in accordance with the provision of Section 2.30.420. 2.30.320 General services contracts. General services contracts, not exempt from the competitive solicitation requirements under Section 2.30.360 or by Council action, shall be solicited, as follows: (a) General services contracts, providing for an estimated expenditure by the city of $25not exceeding $50,000.00 or less, shall be solicited by informal bid or informal proposal in accordance with the provisions of Section 2.30.400. (b) General services contracts, providing for an estimated expenditure by the city exceeding $2550,000.00 shall be solicited by formal bid in accordance with the provisions of Section 2.30.420 or by formal request for proposal in accordance with the provisions of Section 2.30.410. (c) It is expected that most general services contracts will be solicited using the informal or formal bid procedures. However, where the city has defined a situation for which it seeks a solution,The Procurement Officer shall determine, after consideration of whether the needs of the city or the circumstances require that a contract awardshould be awarded based on significant factors in addition to price, the purchasing manager may determine that a whether the services subject to a general services contract shall be solicited by bid or request for formal or informal proposals shall be used to solicit the contract. 2.30.330 Professional services contracts. Professional services contracts, not exempt from the competitive solicitation requirements under sectionSection 2.30.360 or by Council action, shall be solicited, as follows: (a) Professional services contracts, providing for an estimated expenditure by the city greater than $25not exceeding $85,000.00 and up to and including $65,000.00, shall be solicited by informal request for proposal in accordance with sectionSection 2.30.400. 160510 sh 016/purchasing/2016update 17 (b) Professional services contracts, providing for an estimated expenditure by the city exceeding $6585,000, shall be solicited by formal request for proposal in accordance with the provisions of sectionSection 2.30.410. (c) In lieu of the solicitation requirements set forth in subsectionsSubsections (a) and (b), professional services contracts in any amount may be awarded from a list of qualified professionals to be created and maintained by the Purchasing ManagerProcurement Officer, so long as the list is created and the award of contract to an entity on the list is in compliance with procedures contained in the purchasing manual. 2.30.340 Contracts for wholesale utility commodities and services. (a) Solicitation of Contracts (1) Contracts for the purchase or sale-incidental-to-purchase of wholesale utility commodities and services, providing for an estimated expenditure of $65not exceeding $85,000.00 or less, shall be solicited by informal bid or informal request for proposal in accordance with the provisions of Section 2.30.400. Contracts for athe purchase or sale- incidental-to-purchase of wholesale utility commodities and services, providing for an estimated expenditure of $65exceeding $85,000.00 or more, shall be solicited by formal bid, formal request for proposal or combination thereof, in accordance with the provisions of SectionsSection 2.30.410, 2.30.420 or 2.30.430 or through solicitation of counterparties enabled to transact under a Council-approved master agreement in accordance with Section 2.30.340(a)(3). (2) Master contracts containing general terms and conditions for wholesale utility commodities that provide for the execution of one or more individual water, gas or electricity purchase and sale-incidental-to-purchase transactions under the terms of the master contract, shall be solicited by formal bid, formal request for proposals, or combination thereof, in accordance with the provisions of Sections 2.30.420, 2.30.430 or 2.30.440. It is expected that the city will enter into several(2) Council shall pre-approve standard form master contracts with different counterparties for the purchaseagreement templates for wholesale utility commodities and services and sale-incidental-to-purchase of gas and electricity utility commodities at wholesale. such agreement shall be made publicly available. (3) Whenever the city desires to execute an individual purchase or sale incidental –to- purchase transactionaward a contract under a Council-approved master agreement for gas or electricitywholesale utility commodities at wholesaleand services, any counterparty who executeswhich has executed a Council-approved master contractagreement with the city, and who is otherwise eligible to bid for or propose in regard to the particular transaction in accordance with the city's Energy Risk Management PoliciesPolicy, Guidelines, and Procedures Manual shall, may be solicited, in writing (by mail, facsimile or electronic mail), and shall be eligible to tender a bid or proposal on the transaction.. The counterparty offering the price and 160510 sh 016/purchasing/2016update 18 other required product and performance terms and conditions for wholesale utility commodities and services deemed to be the most advantageous to the city shall be eligible for an award of a contract forrespecting the transaction. (b) BasicDelegation of Master Agreement Terms and Conditions. For contractsmaster agreements and other contracts for wholesale utility commodities and services not otherwise within the city manager’sCity Manager’s authority to award, the councilCouncil may by resolution authorize the city managerCity Manager to award and sign a contractcontracts with a qualified, eligible counter party for the purchase and incidental sale of wholesale utility commodities.counterparties. This authority shall extend to contracts awarded under ay city “feed-in tariff” energy program entitled “Clean Local Energy Accessible Now Program” or any similarly entitled program. The resolutionCouncil authorization shall specify the limits of the authority delegated, including the maximum dollar amountexpenditure limit of the authority and the durationterms of the contracts and/or transactions that may be executed under the delegation of authority. (1) Electricity master agreements. Any resolutionCouncil action delegating authority to the city managerCity Manager to contract for electricity commodities and services shall specify generally at least the following terms and conditions: quantity and the description of energy and energy services to be procured, including, but not limited to,without limitation: on-peak and off-peak energy and ancillary services; term, specifying a not-to-exceed period of time; period of delivery denoted in years or months or years and months; and point of delivery or the locus on the interstate transmission system at which transfer of title is made. (2) Gas master agreements. Any resolutionCouncil action delegating the authority to contract for gas commodities and services shall specify generally at least the following terms and conditions: quantity and the description of gas services to be procured, including, but not limited to,without limitation: scheduled gas and gas transportation services; term, specifying a not-to-exceed period of time);; period of delivery denoted in years or months or years and months; and point of delivery of the locus on the interstate transmission system at which transfer of title is made. (c) Required Contract Terms for GasWholesale Utilities Commodities and Electric procurementServices Contracts. The city shall use standardizedstandard form contracts for the procurement of gas and electricity, as practicable, including, but not limited towithout limitation, form contracts created and copyrighted by the Edison Electric Institute, the Western States Power Pool Inc., andInc., the North American Energy Standards Board, Inc., and contracts used by thea city’s “feed-in tariff” energy program. Unless waived by resolution of the councilCouncil action, a contract for procurement of gas or electricity and wholesale utility commodities and services, and any amendment to thethat contract, shall not be awarded by the city and executed by the duly authorized representatives of the city, unless the following terms and conditions are required: (1) governing law shall be the laws of the state of California; (2) choice of venue shall be the county of Santa Clara; and (3) a counterparty shall obtain and maintain during the term of the contract the minimum credit rating established as of the date 160510 sh 016/purchasing/2016update 19 of award of contract of not less than a BBB- credit rating established by Standard & Poors and a Baa3 credit rating established by Moody's Investors Services, but the minimum credit rating requirement shall apply to a counterparty which is awarded a contract under a city "feed-in tariff" energy program only to the extent the counterparty sells a quantity of energy in excess of the threshold established by that program. (d) Public Agency Contracts. The city may procure and make sales-incidental-to-purchase of wholesale utility commodities and services from energy counter partiescounterparties through public agencies, including but not limited to, without limitation, the Northern California Power Agency and the federal Western Area Power Administration. (1) The city may engage the public agency to act as the agent of the Citycity to procure wholesale utility commodities and services, provided that the public agency conducts a competitive selection process and awards one or more contracts in substantial compliance with the contract procurement procedures and requirements of this chapter. , unless such substantial compliance is waived by the Council action accompanied by findings in support of the waiver. (2) The city attorneyCity Attorney shall determine whether the contract procurement process of the public agency substantially complies with the provisions of this chapter. For the purposes of this Section 2.30.340, the public agencyagency’s competitive selection process, if any, shall be deemed to substantially comply if the public agency (1) : a. conducts a formal or an informal bidding or proposal process to solicit bids or proposals for the provision of wholesale utility commodities, (2) and services; b. executes a standardizedstandard form contract, including, without limitation, a form contract created and copyrighted by the Edison Electric Institute and, the Western States Power Pool, Inc. Inc., or equivalent, as determined by the city attorney, and (3) North American Energy Standards Board, Inc.; and c. unless waived by resolution of the city councilCouncil, the standardizedstandard form contract requires or specifies (a) : 1. the governing law shall be the lawslaw of the state of California, (b) ; 2. the choice of venue shall be identified according to either the county in which such public agency does business, or the preference for federal or satestate court jurisdiction over the public agency and, the energy counter -party, and the contract,; and (c) 3. the energy counterpartycounterparty shall obtain and maintain during the term of the contract the minimum credit rating established as of the date of award of contract of not less than a BBB- credit rating established by Standard & Poors and a Baa3 credit rating established by Moody's Investors Services. (e) Energy Risk Management PoliciesPolicy, Guidelines and Procedures Manual. All procurement of gas and electricity by contract for wholesale utility commodities and services, 160510 sh 016/purchasing/2016update 20 shall conform to the requirements of the Energy Risk Management PoliciesPolicy, Guidelines and Procedures Manual. 2.30.350 Contract splitting prohibited. It is unlawful to split‘split’ or separate into smaller portions, work orders, projects, purchases, contracts, or public works projects for the purpose of evading the competitive solicitation requirements or contract authority limitations of this chapter, including, without limitation, the splitting‘splitting’ or division of work or services between or among offices, departments or divisions or other organizational units of the city. 2.30.360 Exemptions from competitive solicitation requirements. The following are exemptions from the informal and formal competitive solicitation requirements of this chapter. It is expected that the, except as otherwise provided. These exemptions will be narrowly interpreted and applied. The department requesting an exemption shall provide all relevant information supporting the application of the exemption to the purchasing manager.Procurement Officer. Based onupon this information, the purchasing managerProcurement Officer shall make a recommendation to the city managerCity Manager and the city managerCity Manager shall determine whether an exemption from the competitive solicitation requirements applies. Nothing herein is intended to preclude the use of competitive solicitations where possible, as practicable. (a) Emergency contracts as defined in section 2.30.210(f). (a) Emergency Contracts, provided that any procurement of goods and services obtained during an emergency declared by the Federal Emergency Management Agency shall comply with applicable FEMA Public Assistance Program’s orders, rules, regulations, guidelines and control procedures for cost reimbursement purposes. (b) Situations whereWhenever solicitations of bids or proposals would for any reason be impracticalimpracticable, unavailing or impossible, provided that in the case of a public works project, the project is not otherwise required by the charter to be formally bid. These situations are those where solicitations of bids or proposals would not be useful or produce any operational or financial advantage for the city. Situations where solicitations of bids or proposals would be impracticalimpracticable, unavailing or impossible, include, but are not limited towithout limitation, the following: (1) SpecificationsContract specifications cannot be drawn in a way that would enable more than one vendor, consultant or contractor to meet them; (2) Due to circumstances beyond the control of the city, the time necessary to use the competitive solicitation process, procedures and requirements would result in a substantial economic loss to the city, or the substantial interference with a required city operation; andor 160510 sh 016/purchasing/2016update 21 (3) Special conditions attached to a grant, donation or gift requires the use of particular goods and/or services. All requests for exemptions under this subsection shall be supported by written documentation (facsimile or electronic mail may be used), approved by the department head and forwarded to purchasingthe Procurement Officer. (c) Where competitive bids or requests for proposals have been solicited and no bid or proposal has been received, or where no bid or proposal meeting the requirements of the invitation to bid or request for proposal has been received, provided that, in the case of a public works project, the project is not otherwise required by the charter to be formally bid. (d) Contracts for goods, wholesale commodities and related services, general services or professional services available from only one source, where the Procurement Officer has determined, in writing, there is no adequate substitute or equivalent provider. Examples of acceptable sole source acquisitions or purchases aremay include, without limitation: equipment or services for equipment, for which there is no comparable competitive product, or service except that provided by the equipment manufacturer, distributor or dealer; proprietary products sold directly fromby the manufacturer,; a component or replacement part, for which there is no commercially available substitute and which can be obtained only from the manufacturer, items; goods where there is only one authorized distributor in the area,; and itemsgoods where compatibility with itemsgoods in use by the city is an overriding consideration. All requests for sole source acquisitions or purchases shall be supported by written documentation (facsimile or electronic mail may be used), approved by the office or department head, and forwarded to purchasingthe Procurement Officer. (e) Contracts for goods where, pursuant to Section 2.30.900, the city managerCity Manager has determined that standardization of the supplies, materials or equipment is permissible. (f) Placement of insurance coverage and surety bonds. (g) Legal services contracts, including , without limitation, the services of outside counsel, consultants and other experts needed for litigationor litigation, administrative or other legal proceedings. (h) Professional services contracts for private development -related studies and services whenwhenever the services are funded wholly by private developers. (i) Professional services contracts, where the estimated total expenditure by the city, regardless of term, does not exceed $2550,000.00. (j) Cooperative purchases where the city participates, with one or more other governmental or public agencies inor through a cooperative agreementpurchasing agency, 160510 sh 016/purchasing/2016update 22 provided the solicitation process used is the services are solicited using methods substantially similar to those required by this chapter, as determined by the Procurement Officer; or. (k) The use of another governmental or public agency’s contract or substantially the same contract terms provided: (i) the agency useduses a solicitation method substantially similar to the method required by this chapter; (ii) the contract allows other agencies to utilize or the vendor authorizes the city to utilize; (iii) the contract is consistent with the requirements specified in this municipal code; and (iv) there is aniii) the Procurement Officer determines that the city will realize overall value to the city’s utilizing the other agency’s contract or contract versusterms compared to the city performing it’sits own solicitation. (l) Contracts with, or solicited on the city’s behalf by, Northern California Power Agency, Transmission Agency of Northern California, and Western Area Power Administration to procure wholesale utility commodities and related services that meet the requirements of Section 2.30.340(d) or 2.30.340(k). (m) Contracts with Pacific Gas and Electric Company and the California Independent System Operator Corporation for energy transmission services to the extent necessary and expedient to provide for the general health, safety and welfare of its citizensthe city’s utility customers. (n) Contracts with any public agency or governmental body to construct a public work, where the Procurement Officer determines the public agency or governmental body has used methods similar to those required by this chapter to contract for the public work. (o) Contracts with any public utility holding a certificate of public convenience and necessity or any entity holding a cable communications systemservice or video service franchise pursuant to chapter 2.10 of this municipal code to construct a public workworks, where such workworks involves property of such public utility or cable communications systemservice or video service franchisee and is otherwise of direct concern to both the city and such public utility or cable communications systemservice or video service franchisee, provided that the project is not otherwise required by the charter to be formally bid. (p) Contracts with private developers to construct public improvements in connection with their development projectprojects, even if the city contributes funds to the improvement project, provided that the project isprojects are not otherwise required by the charter to be formally bid. (q) Projects, where the public work is performed by the city with its own employees. (r) Contracts, where the estimated total expenditure by the Citycity does not exceed $510,000.00. 160510 sh 016/purchasing/2016update 23 (s) Contracts with entities to procure at wholesale prices utility commodities and related services under a city “feed-in tariff” energy program that meets the requirements of Section 2.30.340(c). PART 5 COMPETITIVE SOLICITATION PROCEDURES 2.30.400 Informal bids or proposals. (a) Informal bids or proposals may be solicited by any reasonable means, including, but not limited towithout limitation, mail, telephone, faxfacsimile transmission, e-mail or posting to the city’s web site. Quotations shall be solicited from a minimum of three bidders or proposers; however, if quotations from three bidders or proposers cannot be obtained by the exercise of due diligence, quotations shall be solicited from as many underless than three as can be obtained.bidders or proposers, as practicable. The purchasing managerProcurement Officer shall maintain a record of all informal bids and informal proposals received by the city for a period of time in compliance with stateCalifornia law and the city's records retention schedule. (b) Informal bids shall be awarded to the lowest responsive and responsible bidderbidders, as defineddescribed in Section 2.30.440. (c) Informal proposals shall be awarded on the basis of proposal deemed most advantageous to the city. Thethe proposal deemed most advantageous to the city shall be determined based on the factors set forth in Section 2.30.410(e). (d) If a contract, price quotation, or purchase order is made or awarded to other than the consultant or contractor submitting the lowest price in its quotation, bid or proposal, written reasons for the award decisionProcurement Officer shall be prepared and shall be kept as part ofprepare the record of the transaction, in writing, containing the reasons or grounds for the decision to award the contract. 2.30.410 Formal request for proposals. (a) Advertising. Contracts, that maymust be solicited by formal request for proposals shall be solicited by posting at the civic center ornotice requesting proposals by advertising at least once in a daily newspaper of general circulation inthe notices requesting proposals on the city, not lessCity’s website for no fewer than five days prior to the date set for receiving proposals. In addition to posting or advertising, contracts may be solicited by posting the city web site. Wheresubmission of proposals. As practicable, proposals shall be solicited from a minimum of three proposers. (b) Proposal submittal. The request for proposals shall specify the date, time and place for submitting proposals and describe the scope and time frame for the delivery of what isthe proposed solution requested, the information to be submitted by the proposer, and the criteria for evaluating the proposal. 160510 sh 016/purchasing/2016update 24 (c) Proposal opening. Proposals received after the specified date and time shall not be accepted and shall be returned unopened unless opening is necessary for identification purposes. (d) Award. The contract shall be made or awarded on the basis of the proposal deemed most advantageous to the city. (e) The following factors shall be considered in determining the proposal deemed most advantageous to the city: (1) Quality of the proposal; (2) Quality, performance and effectiveness of the solution, goods and/or services to be provided by the consultant or the contractor; (3) Contractor’sConsultant or contractor’s experience, including the experience of staff to be assigned to the project, with engagements of similar scope and complexity; (4) Cost to the city; (5) Contractor’s Consultant or contractor’s financial condition and stability; (6) Contractor’sConsultant or contractor’s ability to perform the contract within the time specified; (7) Contractor’sConsultant or contractor’s prior record of performance with the city or othersother local, county or state agency; (8) Contractor’sConsultant or contractor’s ability to provide in the future any maintenance, repairs, parts and/or services; (9) Contractor’sConsultant or contractor’s compliance with applicable laws, regulations, policies (including city councilCouncil policies), guidelines and orders governing prior or existing contracts performed by the consultant or contractor; and (10) Any other factor the city deems relevant as specified in the request for proposals. 2.30.420 Formal bids – notice, submittal, opening. (a) Advertisement.Advertising. Contracts required to that must be solicited by formal bid shall be solicited by posting notices inviting bids at the civic center or by advertising the notices inviting bids at least once in a daily newspaper of general circulation in the city, not lesson the City’s website for no fewer than five days prior to the date set for receiving bids. In addition to 160510 sh 016/purchasing/2016update 25 posting or advertising, contracts may be solicited by posting on the city web site. WhereAs practicable, bids shall be solicited from a minimum of three bidders. (b) Notice. The notices inviting bids shall generally describe the things goods and/or services to be purchased or acquired or the public workworks to be constructed, identify the place where the bid proposal form, specifications and other contract documents may be obtained, and specify the date and, time and place when and place where bids will be opened. (c) Bid submittal. All bids shall be sealed. All bids shall be submitted at the place, and at or before the date and time, specified in the notice inviting bids. Bids received after the specified date and time shall not be accepted and shall be returned to the bidder unopened unless the opening is necessary for identification purposes. (d) Bid opening. Bids timely received shall be opened in public, at the date, time and place specified in the notice inviting bids, and the aggregate bid of each bidder declaredshall be announced. 2.30.430 Combined proposals and bids. (a) Nothing in Part five5 of this chapter shall prohibit the city from conducting a competitive solicitation process which combines the elements of the request for proposals and invitation for bids processes in a single process in order to award a contract for wholesale utility commodities purchases and salesservices or design-build contracts. 2.30.440 Determination of lowest responsive/responsible bidder. The awarding authority shall award contracts required to be formally bid to the lowest responsive and responsible bidder. As used in this chapter “awarding authority” means the city officer or employee with the authority to award and sign the particular contract, as provided in part three of this chapter, or the councilCouncil. (a) Low bid. The low bid shall be the bid offering the lowest total cost to the city. (1) The determination of lowest total cost shall be made after applying relevant policies adopted by resolution of the councilCouncil that may provide for a price preference. (2) Where ‘add alternatesalternate’ or ‘deduct alternatealternate’ items are included in the specifications, the determination of lowest total cost shall be made in accordance with the procedure for considering the ‘add alternatealternate’ and ‘deduct alternatealternate’ items as set forth in the bid specifications. (3) The determination of lowest total cost may include the effect of factors such as trade discounts, delivery costs and life cycle costs, when these are included in the specifications. 160510 sh 016/purchasing/2016update 26 (b) Responsive bidder. A responsive bidder is a bidder determined by the awarding authority to have submitted a bid that conforms in all material respects to the requirements of the bid documents. (c) Responsible bidder. A responsible bidder is a bidder determined by the awarding authority: (1) To have the ability, capacity, experience, and skill to perform the work, or provide the goods and/or services in accordance with the bid specifications; (2) To have the ability to perform the contract within the time specified; (3) To have the equipment, facilities and resources of such capacity and location to enable the bidder to perform the contract; (4) To have the ability to provide, as required, future maintenance, repair, parts and service for the use of goods purchased; (5) To have a record of satisfactory or better performance under prior contracts with the city or others; and (6) To have complied with applicable laws, regulations, policies (including city councilCouncil policies), guidelines and orders governing prior or existing contracts performed by the bidder. 2.30.450 Tie bids. If an identical price is received from two or more responsive and responsible bidders, the awarding authority may determine the successful bidder by the casting of lots within public and in the presence of the tie bidders in public on and, at a date, time and place set by the awarding authority. The awarding authority shall notifyprovide notice to the tie bidders of the date, time and place for casting lots by e-mail, phone or facsimile transmission. 2.30.460 Correction or withdrawal of bids or proposals. (a) Before date and time for receipt of bids or proposals. Bids or proposals that contain mistakes discovered by a bidder or proposer before the date and time for receipt of bids or proposals may be modified or withdrawn by written notice to the personemployee designated for the receipt of bids or proposals received prior to the deadline for receipt of bids or proposals. Any modification shall be submittedfiled under seal with the employee designated for receipt of bids and proposals. (b) After date and time for receipt of bids or proposals. A bidder or proposer may not change its bid or proposal after the date and time set for the receipt of bids or proposals, 160510 sh 016/purchasing/2016update 27 except that the bidder or proposer may seek the city’s consent to the substitution of a subcontractor where the bidder can demonstrate in accordance with applicable provisions of state lawCalifornia law, including Section 4107.5 of the California Public Contract Code, that the name of the a substituted subcontractor was listed as a result of an inadvertent clerical error. (c) Withdrawal of bids or proposals. A bidder or proposer alleging a mistake in a bid or proposal may be permitted to withdraw its bid or proposal only in conformance with applicable stateCalifornia law, including Section 5100, et seq., of the California Public Contract Code. 2.30.470 Cancellation of solicitations – Rejections of bids/proposals. (a) Cancellation of solicitations. The purchasing managerProcurement Officer may cancel the solicitations for proposals or bids process before the date and time set for the receipt of proposals or bids upon a written determination at the time the notice of cancelation is provided that such action is in the city’s best interest for reasons, including, but not limited towithout limitation, any of the following: (1) The city no longer requiresdoes not then require the construction of the public works project, or the provision of goods and/or services; (2) The city no longer can reasonably expect towill not then appropriate fund for the public works project, goods and/or services; or (3) Proposed amendments to the solicitation document would be of such magnitude thatmake a new solicitation is desirable and necessary. (b) Rejection of bids or proposals. The awarding authority may reject any or all bids or proposals. If all bids or proposals are rejected, the awarding authority hasmay exercise the discretion to resolicit for bids or proposals. In the case of a bid, if the awarding bodyauthority is the city councilCouncil and all bids are towould be rejected due to excessive cost,prices or costs that exceed the purchasing manager shall havecity’s costs estimate, the Procurement Officer may exercise the discretion to reject all bids and to resolicitre-solicit bids. 2.30.480 Waiver of minor irregularities, defects and informalities. The awarding authority may exercise its discretion to waive, minor irregularities, defects or informalities in the bids or proposals, so long asprovided the waiver would not affect the amount of the bid or proposal or proposal or give a competitive advantage upon the bidder or proposer an advantage over others. 2.30.490 Design-build contract procurement procedures This Section establishes the exclusive procedures for the award of wholly or partially city- funded design-build contracts, to the extent debt financing limitations do not apply, and 160510 sh 016/purchasing/2016update 28 supersedes in their entirety all statutory provisions pertaining to local agency design-build construction, as set forth in chapter 4 of part 3 of division 2 of the California Public Contract Code, Section 22160 et seq., as amended from time to time. (a) Bridging documents shall be prepared by a qualified, licensed design professional, identifying the scope and estimated price or costs of the public works project and including additional requirements or information necessary to adequately describe the city’s needs for the project. These may include, without limitation, the size, type, and desired design character of the project, the performance specifications covering the quality of supplies, materials, equipment, and workmanship, or preliminary plans or building layout plans. The design professional, which prepares the bridging documents, may not subsequently submit or participate in the proposal submitted for an award of design-build contract, or have any financial interest in any design-build entity or team which submits a design-build contract construction proposal or which provides the design-build services. (b) A formal request for proposals may be posted and advertised in manner provided for in Section 2.30.410(a), or by targeted distribution to three or more design-build entities or teams which the Procurement Officer determines possesses demonstrated skills, experience, and financial qualifications to provide the required design-build services. (c) A formal request for proposals shall comply with the requirements of Section 2.30.140(a) and shall include: the bridging documents prepared according to Section 2.30.490(a); a request for qualifications; and the design-build contract documents approved by the City Attorney as required by this chapter. (d) Design-build entities and teams may be required to pre-qualify in order to be eligible to submit a proposal for the design-build project by responding to the request for qualifications in advance of the date set for the submission of proposals. The Procurement Officer may determine and will provide notice that the statement of qualifications may be submitted concurrently with the proposals. (e) The design-build contract may be awarded to the responsive, responsible design-build entity or team on the basis of either the lowest lump-sum price or the ‘best value’ provided, as defined in the formal request for proposals. A design-build contract that is awarded on the ‘best value’ basis will be evaluated based solely on the selection criteria and procedures set forth in the formal request for proposals, (f) The design-build contract shall require the design-build entity or team and its subcontractors of every tier to comply with the requirements of Section 22164(c) of the California Public Contract Code, as amended. // // 160510 sh 016/purchasing/2016update 29 PART 6 CONTRACT TERMS AND CONDITIONS 2.30.500 Bid security, bonds and insurance. (a) When required. The purchasing manager shall have the authorityProcurement Officer is authorized to require bid security, and surety bonds, including payment (labor and materials) and performance bondsasbonds, as well as specific types and amounts of insurance coverage in connection with contracts for public works, goods, general services, professional services, and wholesale utility commodities and services to the extent required by stateCalifornia or federal law, or this chapter, or upon a determination that it is in the best interest of the city to do so by the City Manager or, if the City Manager does not make a determination, by the Procurement Officer in consultation with the City Attorney. (b) Bid security. Bid security shall be submitted with the bid and shall be in the form of a certified check, cashier's check or surety bond. Any surety bond shall be issued by an admitted surety authorized to conduct business in the state of California and shall be in a form acceptable to the city attorneyCity Attorney and as specified in the solicitation for bids document. If a bidder fails to submit the required bid security with the bid, the bid shall be deemed nonresponsive. After bids are opened, bid security isshall be irrevocable for the period specified in the invitation for bids. If the successful bidder fails to execute the contract within the time specified, the total amount of the bid security shall be forfeited to the city. The bid security of an unsuccessful bidder shall be returned to the bidder by no later than sixty calendar days from the date of contract award. Bids for public works projects greater than $65,000.00costing in excess of $85,000.00 shall require the submission of bid security in an amount equal to at least ten percent of the bid. On public works projects costing $85,000.00 or less than or equal to $65,000.00, and all other procurements of goods and services the purchasing officerwithout regard to price, the Procurement Officer is authorized to determine ifwhether any bid security is neededin any amount shall be required on a project-by-project basis. (c) Payment and performance security.Surety bonds. Payment and performance security shall be inrequired of contractors and take the form of surety bonds acceptable to the city attorneyCity Attorney and issued by an admitted surety authorized to conduct business in the state of California. Invitations for bids for public works projects greater than costing in excess of $25,000.00 shall require the submission of payment bond and performance bondsbond, each in an amount equal to one hundred percent of the contract price at the time the contract is executed. Where the contract is with a governmental agency or a public utility the requirement for performance and payment security may be waived, in writing, by the purchasing managerProcurement Officer if the contracting governmental agency or public utility agrees, in writing, that, to the extent all work is not to be done by its own employees, it will require any and all contractors it awards contracts for the performance of any of the work to provide, before commencement of the work, the payment bond and performance bonds,bond, on terms and conditions it establishes, which is satisfactory to the cityProcurement Officer and complying with the provisions of theapplicable California Civil Codelaw. Payment bond and 160510 sh 016/purchasing/2016update 30 performance bondsbond for public works projects shall be extended in the full amount of the contract for a one-year warranty period beyond the date of acceptance of the workpublic works project by the city. On public work projects costing $25,000.00 or less than or equal to $25,000.00, and on all acquisitions of goods and services without regard to price, the purchasing managerProcurement Officer is authorized to determine ifwhether any payment and performance security is neededin any amount shall be required on a case-by-case basis. (d) Form of bonds. The only bonds acceptable to the city shall be those executed on forms approved by the city attorneyCity Attorney and as specified in the solicitationinvitation for bids or request for proposals. (e) Insurance. The insurance risk manager acting on behalf of the City Manager by the authority conferred by Section 2.28.170 of this municipal code shall determine the insurance requirements to be imposed upon any third party doing business with the city pursuant to this chapter. The successful bidder or proposer shall submit certificates of insurance and endorsement forms, as applicable, as evidence that it has the typeobtained and amountwill maintain the types and amounts of insurance coveragecoverages required by the bid or proposal solicitation documents. Such evidence shall be submitted to the purchasing managerProcurement Officer promptly upon request and shall be issued by an admitted insurer authorized to operateconduct business in the state of California and is acceptable to the city. The insurance risk manager may waive the insurance requirement whenwhere the contract is an intergovernmental agency contract or a city-public utility contract, and the governmental, public or quasi-public agency or the public utility, to whom the contract is awarded, agrees, in writing, that it will have all the work obtain and maintain and provide evidence of the required insurance coverage before the commencement of the work, naming the city, its officials, officers, agents and employees and agents as additional insureds to such policy. 2.30.510 Nondiscrimination. All contracts costing in excess of $510,000.00 shall include a certification of nondiscrimination that in the performance of the contract, with the city, the consultant or the contractor will not discriminate in the employment of any person because ofdue to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. Any consultant or contractor who is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions ofany federal, state or local nondiscrimination law or executive order in the performance of any contract with the city, thereby shall be found in material breach of such contract and thereupon the city shall have the power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $25.001,000 for each person for each calendar day during which the City Manager determines such person was discriminated againstsubject to discriminatory conduct or action by the consultant or the contractor or any officer, employee, 160510 sh 016/purchasing/2016update 31 agent or representative of the consultant or the contractor, as damages for said breach of contract, or both. Only a finding of the U.S. Department of Labor, the U.S. Equal Employment Opportunity Commission, State of California Fair Employment Practices Commission, or the equivalent federal agency or officeroffice shall constitute evidence of a violation of contract under this sectionSection. PART 7 ETHICS IN CONTRACTING 2.30.600 Ethics. (a) Statement of Policy. City employees shall discharge their duties impartially so as to assure fair competitive access to city contracting opportunities by responsible consultants and contractors. Moreover, they shall conduct themselves in a manner as will foster public confidence in the integrity of city contracting policies, procedures and activities. (b) Conflict of Interest. No city employee shall participate directly or indirectly in a city contract when the employee knows that: (1) The employee or any member of the employee's immediate family has a financial interest pertaining to the contract; or (2) The employee or any member of the employee's immediate family is negotiating or has an employment arrangement which is contingent upon or will be affected by the contract. (c) Withdrawal from Participation. Upon the discovery of an actual or potential conflict of interest, an employee shall promptly withdraw from further participation in the contract procurement process. (d) Gratuities. No person shall offer, give or agree to give any city employee any gratuity, discount or offer of employment in connection with the award of a contract by the city. No city employee shall solicit, demand, accept or agree to accept from any other person a gratuity, discount or an offer of employment in connection with a city contract. 2.30.610 Preparation of bid or proposal documents. AnyA person or, entity or team, with whom the city has contracteda contract to prepare, advise or assist in the preparation of plans and/or specifications that will be included as part of the contract terms and conditions in bid or proposal documents, isshall be ineligible to submit a bid or proposal for that contract. or be a named consultant or contractor or sub-consultant or sub- contractor in that bid or proposal, if the contract with the city was in effect for a period of one year prior to, or is or will be in effect at the time of, the contract that is the subject of the bid or proposal. This ineligibility shall not preclude the award of a contract, calling for the design and construction of a public works project, to the consultant or the contractor pursuant to a design- build contract or other alternative procurement method-based contract. 160510 sh 016/purchasing/2016update 32 PART 8 RECORDS AND REPORTS 2.30.700 Records, public inspection. (a) Records maintenance. The purchasing managerProcurement Officer shall maintain written records (in hard copy or electronic format) for each contract, price quotation, purchase order, document or other agreement awarded or entered into by the city, which shall include, at a minimum: the request from the department; the bid or proposal documents received for the contract, if any; all bids or proposals received; the basis on which the contract award was made; and a copy of any and all contracts awarded. The purchasing managerProcurement Officer shall maintain and retain written records of his or her any determination to cancel solicitationssolicitation documents and of an awarding authority’s decision to reject bids or proposals. Such records shall be maintainedretained for a period of time in compliance with stateCalifornia law and the city's records retention schedule, and the records shall be made available for public inspection during normal city business hours. The foregoing provisions shall not apply to records of wholesale utility commoditycommodities and services transactions retained under a master contractagreements referred to in Section 2.30.140, which shall be maintained by the department of utilities. (b) Public inspection. Bids shall be available for public inspection following the date and time set for receipt of bids. Proposals shall be available for public inspection following the public announcement of the selection of a proposer for award of contract award. This sectionSection shall not be construed to require the disclosure of records notthat are otherwise requiredexempt from inspection and copying by law to be disclosed. 2.30.710 City manager reportreports. Report to council. The city manager (a) City Manager shall make a biannual report to the councilCouncil of all contracts awarded by the purchasing manager or the city manager for general services and professional services or general services awarded by the City Manager, the Procurement Officer or other designated employees, the costcosts of which exceed $25,000.00, and of all contracts awarded by the city managerCity Manager for public works and goods, the costs of which exceed $6585,000.00. (b) The city managerCity Manager shall also makeprepare and deliver an annual report to the councilCouncil of all leases, licenses and rentals of city real property with third parties, approved by the city managerCity Manager. // // 160510 sh 016/purchasing/2016update 33 PART 9 REWARDS 2.30.800 Rewards relating to arrest and conviction. Rewards for information The authority to offer and pay a reward leading to the arrest and conviction of criminals. Although the payment of rewardsa criminal is not a purchase in the strict sense of the definition, the authority to offer and pay rewards is contained inreasonably contemplated by this chapter because it involvesto the extent an expenditure of city funds in return for valuable information. (a) The can be considered payment for the rendering of services to the city manager, as contemplated by Section 2.30.010. (a) The City Manager is authorized to offer and pay a reward of up to $25,000.00 for information leading to the arrest and conviction of any person or persons whose willful conduct causes unlawful injury or death to another person, or whose willful misconduct results in unlawful damage or destruction of personal property. of the city or another person. The city managerCity Manager shall cause the reward offer to be publicized and reported to the city councilCouncil. (b) A reward shall not be paid unless the information is received by the Palo Alto Police Department within 90ninety days of publication of the reward offer. (c) Conviction of the person or persons found responsible for the crime shall be required for payment of a reward unless the city managerCity Manager makes a written finding that the conviction, determination of guilt, or finding of responsibility was impossible due to the death of the criminal. (d) Reward claims shall be made, in writing, and the claimant shall provide thehis or her name, address and telephone number of the claimant. Unless disclosure is authorized by the claimant, this information shall be deemed confidential and protected from public disclosure to the maximum extent permitted by California law. (e) Each reward offer shall be made, in writing, and shall be valid only if approved in advance as to form and in compliance with this sectionSection by the city attorneyCity Attorney. PART 10 STANDARDIZATION 2.30.900 Standardization. Where the city managerCity Manager has determined that it is required by the health, safety or welfare of the people or employees of the city, or that significant costs savings have been demonstrated, the standardization of supplies, materials or equipment, including, without 160510 sh 016/purchasing/2016update 34 limitation, information and communication technology property, for purchase or to be used in a public works project is permitted and the supplies, materials or equipment specifications may specify a single brand or trade name. Among the factors thatThe City Manager or the Procurement Officer may be considered the following factors in determining to standardize on a single brand or trade name are that: (a) Repair and maintenance costs would be minimized; (b) User personnel training would be facilitated thereby; (c) Supplies or spare parts would be minimized; (d) Modifications to existing equipment would not be necessary; (e) Training of repair and maintenance personnel would be minimized; and (f) Matching existing supplies, materials or equipment is required for proper operation of a function or program. // // // // // // // // // // // // // 160510 sh 016/purchasing/2016update 35 SECTION 3. The Council finds that the adoption of this ordinance is exempt from the application of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines, as it can be established with certainty there is no possibility of any significant environmental effect occurring by the adoption of this ordinance. SECTION 4. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its adoption. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ _____________________________ Senior Deputy City Attorney City Manager _____________________________ Director of Administrative Services City of Palo Alto (ID # 7025) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Kidz Love Soccer Title: Approval of Amendment Number 1 to Contract Number S1418347 With North American Youth Activities LLC DBA Kidz Love Soccer Extending the Term to December 31, 2016 and Increasing the Contract Amount by $40,000 for a Total Not-to-Exceed Amount of $295,000 From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council approve Amendment No. 1 to Contract S1418347 – North American Youth Activities LLC DBA Kidz Love Soccer extending the term to December 31, 2016 and increasing the contract amount by $40,000 for a maximum contract amount of $295,000 (Attachment A). Background Since 2003, the City of Palo Alto has contracted with Kidz Love Soccer to provide year-round classes and summer camps (Attachment B). Year- round classes are offered to youth ages 2 - 10 years, which includes Parent & Me Soccer for ages 2 - 3.5 years, Pre Soccer for ages 4 - 5 years, Tot Soccer for ages 3.5 - 4 years, Soccer 1: Techniques & Teamwork for ages 5 - 6 years and Soccer 2: Skillz & Scrimmages for ages 7 -10 years. These classes typically run once a week for 8-10 weeks (depending on the season) and are offered during the weekdays and on Saturdays. During the summer season, which runs from early-June to mid-July multiple 1-week sessions of half day camps are offered to children 4.5-6 years, 7-8 years and 9-10 years. Full day 1-week sessions are also available. Discussion The Community Services Department (CSD) would like to amend the current 3-year contract by extending the term from September 30, 2016 to December 31, 2016 and increasing the contract maximum amount from $255,000 to $295,000. Kidz Love Soccer has been a very popular and succesful program resulting in higher than expected registration numbers. Within this current contract, Kidz Love Soccer has served 3,513 registrants, generated $413,780.54 in revenues from fees for classes. Table 1 includes total number of registrations, gross revenue as well as net revenue for the seasons 2013-2016. City of Palo Alto Page 2 The program’s success has resulted in reaching the maximum dollar amount of the contract including spring classes and summer camps. Under the current terms of the contract, there will not be adequate funding for already scheduled summer classes. Additionally, the current contract’s end date of September 30, 2016 is in the middle of the fall season. If the contract is allowed to expire on September 30th and a new service provider is hired after the fall season has already started, customers would likely have an unfavorable experience due to the mid-season change in coaches and coaching methods. Amending the contract to extend the contract term and increase the maximum contract amount will allow the services to continue as planned to cover summer class quarter of 2016 and fall class quarter of 2016. Resource Impact Funds for the proposed contract amendment are included in the adopted Community Services Departmental Fiscal Year 2017 Operation Budget. No additional funds are being requested to add to the budget. If the request to amend the contract is approved, it is projected that the program will serve up to 538 participants and generate $59,000 in revenues. Attachments: Attachment A: Amendment to Contract S14148347 Kidz Love Soccer (PDF) Attachment B: Original Contract #S14148347 (PDF) Attachment C: Kidz Love Soccer_Copies of Classes and Camps From Enjoy Catalog (PDF) 1 Revision July 20, 2016 AMENDMENT NO. 1 TO CONTRACT NO. S14148347 BETWEEN THE CITY OF PALO ALTO AND NORTH AMERICAN YOUTH ACTIVITIES LLC DBA KIDZ LOVE SOCCER This Amendment No. 1 to Contract No: S14148347 (“Contract”) is entered into August 15, 2016, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and NORTH AMERICAN YOUTH ACTIVITIES LLC DBA KIDZ LOVE SOCCER, a California limited liability company, located at 580 E. Wedell Dr. Suite 2, Sunnyvale, CA 94089 (“CONSULTANT”). R E C I T A L S A. The Contract was entered into between the parties for the provision of providing youth soccer training classes and camps. B. The parties wish to amend the Contract. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 2 “Term” is hereby amended to read as follows: “The term of this agreement shall be from its fill execution through December 31, 2016, unless terminated earlier pursuant to Section 19 of this Agreement.” SECTION 2. Section 4 is hereby amended to read as follows: “The compensation to be paid to CONSULTANT for performing of the Services described in Exhibit “A,” including both payment for professional services and reimbursable expenses, shall not exceed the total amount of two hundred ninety- five thousand dollars ($295,000). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Zero Dollars ($0). The applicable rates and schedule of payment are set out in Exhibit “C-1,” entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. . .” SECTION 4. The following exhibit(s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: a. Exhibit “A” entitled “SCOPE OF PROJECT AND TIME SCHEDULE”. DocuSign Envelope ID: 398AD313-C9A3-4F8B-9E13-F68862254BA4 2 Revision July 20, 2016 b. Exhibit “B” entitled “RATE SCHEDULE”. SECTION 5. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. 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 (Contract over $85k) APPROVED AS TO FORM: City Attorney or designee (Contract over $25k) Contracts Administrator (Checklist Approval) NORTH AMERICAN YOUTH ACTIVITIES LLC DBA KIDZ LOVE SOCCER Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments (If applicable): EXHIBIT "A": SCOPE OF PROJECT & TIME SCHEDULE EXHIBIT "B": RATE SCHEDULE EXHIBIT A DocuSign Envelope ID: 398AD313-C9A3-4F8B-9E13-F68862254BA4 Managing Member Malcolm Guthrie Peter Stanley Northern Territory Manager 3 Revision July 20, 2016 SCOPE OF PROJECT AND TIME SCHEDULE The Time Schedule of the contract is being extended by this Amendment from September 30, 2016 to December 31, 2016 EXHIBIT B DocuSign Envelope ID: 398AD313-C9A3-4F8B-9E13-F68862254BA4 4 Revision July 20, 2016 RATE SCHEDULE North American Youth Activities dba Kidz love Soccer Cost of Contract Original Contract Amount $255,000.00 Amendment #1 Increase in contract funding $40,000.00 Final Compensation for Contract $295,000.00 DocuSign Envelope ID: 398AD313-C9A3-4F8B-9E13-F68862254BA4 PURCHASING COPY 4CITY OF PALO ALTO CONTRACT NO. S1148347 AGREEMENT BETWEENTHECITY OF PAL0ALT0AND NORTH AMERICAN YOUTH ACT1VITIES LLC DBA KIDZ LOVE SOCCER FOR PROFESSlONAL SERVICES This Agreement is entered into on this first day of October, 2013,("Agreement") byand between the ClTY OF PALO ALTO, a California chartered municipal corporation C'CITY"),and NORTH AMERlCAN YOUTH ACTIVITIES LLC DBA KIDZ L()VE SOCCER, a California 1imited 1iability company, located at 580 E. Wedell Dr. Suite 2, Sunnyvale, CA 94089("CONSULTANT"). REClTALS The following recitals are a substantive portion of this Agrcement. A. ClTY intends to teach soccer clahes and camps ('Project") and desires to engage aCONSUL7ANT to teach soccer classes and camps in connection with the Ptoject("Services"). B. CONSULTANT has represented that it has the necess&ry professional expertise,qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations dcsires to engage CONSULTANT to provide theServices as niore fully described in Exhibit "A", attached to and made a part ofthis Agreement. NOW, THEREFORE, in consideration ofthe recitaIs, covenants, terms, and conditions, inthis Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described inExhibit "A" in accordance with the terms and conditions contained in this Agreement. Theperformance of all Services shall be to the reasonable satisfaction ofCITY. SECTION 2. TERM. The term of this Agreement shall be from the date ofits full execution through September 30, 2016unless terminated carlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the performance ofServices under this Agreement. CONSULTANT shall complete the Services within the term ofthisAgreement and in accordance withthe schedule set forth in Exhibit"B", attached to and made a partofthis Agreement. Any Services for which times for performance are not specified in this Agreementshall be commenced and completed by CONSULTANT in a reasonably prompt and timely mannerbased upon the circumstances and direction communicated to the CONSULTANT. CITY'sagreement to extend the term or the schedule forperformance shall notpreclude recovery 0fdamagesfor delay if the extension is required due to the fault o f CONSULTANT. Professional Services Rev.Nov.1,2011 SECTION 4. NOT TO EXCEED COMPENSATION. The compcnsation 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 cxceed Eighty Five Thousand Dollars ($85,000) per year for three years for a 1otal not to exceed arnount ofTwo Hundred Fifty Five Thousand Do]lars ($255,000). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Zero Dollars ($0). The applicable rates and schedule of payment are set out in Exhibit "C-1", entitled "HOURLY RATE SCHEDULE:" which is attached to and made a part ofthis Agreement. Additional Services, i fany, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation forAdditional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A" SECTiON 5. INVOlCES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification 0fpersonnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit"C-1"). Ifapplicable, the· invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subjectto 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 reccipt. SECT1ON 6. OUALIFICATIONS/STANDARD OF CARE, Al] of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subCONSULTANTs, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform theServices. All of the services to be fumished 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 skilI engaged in related work throughoutCalifornia under the same or similarcircumstances. SECTION 7. COMPLIANCE W!TH LAWS. CONSULTANT shall keep itself informed ofandin 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 aIl charges and fees, and give all notices required by law in the performance ofthe 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 Professional Services Rev.Nov.1,2011 notice to CONSULTANT. lf CONSULTANT has prepared plans and speci fications 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. Ifthe total estimated construction cost at anysubmittal exceeds ten percent(10%) ofthe CITY's stated construction budget, CONSULTANT shallmake recommendations to the CITY for aligning the PROJECT design with the budget, incorporate ClTY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY., SECTION 10. INDEPENDENT CONSULTANT. It is understood and agreed that in performing thc 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 CONSULTANT and not an agent or employec ofthe CITY. SECT1ON 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 ofany 0fCONSULTANT's obligations hereunder without the prior written consent ofthe CITY manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval ofthe CITY manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion ofthe work to be performed under this Agreement without the prior written authorization of the CITY manager or designee. SECTION 13. PROJECTMANAGEMENT.CONSULLANTwill assign Peter Stan1ey as the1ead to have supervisory responsibility for the performance, progress, and execution ofthe Services and Peter Stan1ey as the project managerto represent CONSULTANT during the day-to-day work on the Project. 1fcircumstances causethe 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 o f any key new or replacement personnel wil]be subjecttothe prior written approval of the CITY's project manager. CONSULTANT, at ClTY'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 compIetion of the Project or a threat to the safety of persons or property. The CITY's project manager is Sharon Eva, Community Services Department, Recrcation Division, Pa10 Alto, CA 94303, Telephone(650)463-4909. The project inanager will be CONSULTANT's point ofcontact with respect to performance, progress and execution ofthe Services. TheCITY may designate an a[temate project manager from time to time. SECTION 14. 0WNERSHIP OF MATERIALS. Upon delivery, all work product, including Professional Services Rev.Nov.I,201[ without 1imitation, al] writings, drawings, plans, reports, speci fications, calculations, documents, other materials and copyright interests developed under this Agrecment shall be and remain the exclusive property ofCITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation ofthe work pursuantto 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 ClTY. Neither CONSULTANT norits CONSULTANTs, ifany, shall make any of such materials available to any individua] or organization without the prior written approval of the CITY Manager or dcsignee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scopeof work. SECTION15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term ofthis 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 1east thrce (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents '(each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or inj ury to any person, property damage or any other loss, including all costs andexpenses of whatever nature including allorneys fees, experts fees, court costs and disbursements C'Claims") resulting from, arising out ofor in any mannerrelatedto performance or nonperformance by CONSULTANT, its officers, employees, agents or CONSU 1.TANTs under this Agreement, regardless of whether or not it is caused in part by an 1ndemnified Parly. 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 o f indemnification. The proviSions ofthis Section 1 6 shall survive the expiration or carly termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party ofany brcach or violation ofany covenant, term, condition or provision ofthis Agreement, or o fthe provisions ofany ordinance or law: will not be dcemed 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, atits solecostand expense, shall obtain and maintain, in full force and effect during the term ofthis Agreement, the insurance coverage described in Exhibit "D", CONSULTANT and its CONSULTANTs, ifany, shall obtain a policy endorsement naming CITY as Professional Scrvices Rev.Nov.1.2011 an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carrierswith 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 al] CONSULTANTs of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term ofthis Agreement, identical insi1rance coverage, naming CiTY as anadditional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrentlywith the cxecution ofthis Agreement. The certificates will be subject to the approval ofCITY's Risk Manager and will contain an endorsement stating thal tlie insurance is primary coverage and will not be canceled, or materially reduced in coverage or 1imits, by the insurer except after filing with the Purctiasing Manager thirty (30) days' prior written noticeofthecancellationormodification. Ifthe 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 cancelIation or modification within two (2) business days ofthe CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing theinsurance are provided to CITY's Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not beconstrued to 1imit CONSULTANT's 1iability her¢under 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 ofany damage, inj ury, or loss caused by or directly arising as a resuIt 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 SERV1CES. 19.1. TheCITYManagermay suspend the performance ofthe Services,in whole orin part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereofto CONSULTANT.Upon receipt ofsuch notice, CONSULTANT will immediately disconlinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance ofthe Services by giving thirty (30) days prior writtennotice thereofto CITY, but only in the eventofa substantial failure of performance by CITY. 19.3, Upon such suspension or termination, CONSULTANT shall deliver to theCITY Manager immediately any and all copies of studies, sketches, drawings, computations, and otherdata, whether ornot completed, prepared by CONSULTANT orits CONSULTANTs, ifany, or given to CONSULTANT or its CONSULTANTs, ifany, in connection with this Agreement. Suchmaterials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paidfor the Services rendered or materials delivered to CITY in accordance with the scope of services onor before the effectivedate(i.e., 10days after giving notice) of suspension or termination; provided, Professional Services Rev.Nov.1,201I SECTION 20. NOTICES. however, ifthis Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion o f CONSULTANT's services which are 0fdirect and immediate benefit to ClTY as such determination may be made by the CITY Manager acting in the reasonable exercise of his/her discretion. The fol]owing Sections wi]] 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 ofany ofils rights under this Agreement. All notices hereunder will be given in writing and mailed, postage prepaid, bycertified mail, addressed as follows: To CITY:Office ofthe CITY Clerk CITY of Palo Alto Post Office Box 10250 Pa]o Alto, CA 94303 With a copy to the Purchasing Manager To CONS ULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICTOF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any intcrest, 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 theperformance ofthis Agreement, it will not employ subCONS ULTANTs, CONSULTANTs 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 ofCITY; this provision wiLl be interpreted in accordance with the applicable provisions ofthe Pa]o Alto Municipal Code and the Government Code of the State o f Califomia. 21.3. lf the Projeet 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. Professional Services Rev.Nov.1,2011 SECTl()N 22. NONDISCRIMINATION. As set forth in Pa10 Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment ofany person because ofthe race, skin eolor, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height ofsuch person. CON SULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Pa]o 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 PtJ1tCHASING AND ZERO WASTE REOUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally Preferred Purchasing policies which are available at the CITY's Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the CITY's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: • Al] printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not 1imited to, proposals, quotes, invoiees, 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 the CITY's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by CONSULTANT on behalf of the CITY shall be purchased in accordance with the CTTY's Environmental Purchasing Policy including but not 1imited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing 0ffice. • Reusablefreturnable pallets shall be taken back by the CONSULTANT, at no additional cost to the CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter ofthe CITY of Pa10 Alto and the Pa10 Alto Municipal Code. This Agrecment will terminate without any penalty (a) at the end of any fiscal yearintheevent 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 1onger available. This section shall take precedence in the event of a conflict with any other covenant, term. condition, or provision of this Agreement. SECTION25.MISCELLANEOUS PROV1SIONS. 25. 1. This Agreement wil] be governed by the laws ofthe State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action Professiona[ Scrvices Rev.Nov.1,2011 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 attomeys' fees expended in connection with that action. The prevailing party shall be entitled to recoveran amount equal to the fair market value of 1egal services provided by attorneys employed by it as well as any attomeys' 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, tcrms, conditions and provisions ofthis Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignces, and CONSULTANTs of the parties. 25.6. If a court ofcompetent 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 cxhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference inc6rporated in this Agrecment and will be deemed to be a part ofthis Agreement. 25.8 If, pursuant to this contract with CONSULTANT, ClTY shares with CONSULTAN1' personal in formation as defined in Cali fornia Civil Codesection 1798.81.5(d) about a California resident ("Persona] In formation"), CONSULTANT shall maintain reasonable and appropriate security procedures to protect thal Personal 1nformation, and shall inform CITY immediately upon 1earning that there has been a breach in the seeUrity ofthe system or in the security of the Persona] Information. CONSULTANT shall not use Personal Information for direct marketing purposes without CITY's express written consent. 25.9 Al] unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreementrepresent and warrant that they have the legal capacity and authority to do so on behalf of their respective 1egal 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. Professional Scrvices Rev. Nov. 1, 2011 CITY OF PALOALTO GreeP'"m"kiS'.P35.2,:13, Purchasing Manager APPROVED AS TO FORM: Senior Asst. CITY Attorney Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXH1BIT "D": NORTH AMERICAN YOUTH ACTIVIES, LLC DBA KIDZ LOVE SOCCER r '™ A hr .. ,'eler S·3,11oy(Sep 2,1,21) CH Peter Stan!ey Northern Territory Manager SCOPE OF SERV1CES SCHEDULE OF PERFORMANCE COMPENSATION INSURANCE REQUIREMENTS Professional Serviccs Rev.Nov.1,2011 EXHIBIT „j1„ SCOPE OF SERVICES CONSULTANT agrees to teach Soccer Classes and Camps. CONSULTANT shall not levy any charges on persons enrolled in the CONSULTANT's class or classes without the express written consent ofthe Recreation Program Supervisor assigned to the Class Location. CONSULTANT AGREES TO: COURSE CONTENT: • Be responsible for curriculum and course content. • Unless otherwise expressly provided in this Agreement. CITY shall not be responsible for providing course materials. • Provide a teacher that will teach the whole session, with as little substitution as possible. • Conduct the program in a safe manner. • CITY shall have the right to observe CONSULTANT instruct in order to determine whether CONSULTANT is in compliance with the terms and conditions of this Agrecment. QUALlTY OF PROGRAM: Maintain a quality program which includes, but is not 1imited to: • CONSULTANTs are knowledgeable and experidnced in the subject being taught and with the age group. • CONSULTANTs are reliable and punctual. • CONSULTANTs are organized and prepared to teach at the start o f each class. • CONSULTANTs can establish and maintain working relationshipswith CITY staffand customers. • CONSULTANTs provide good customer service. • CONSULTANTs and their employecs can effectively resolve issues. SET UP & CLEAN UP: • Be responsible for all set up and clean up of the room and equipment. • All set up must be completed prior to the start of class. EMPLOYEES: • Provide employees who are at 1east 18 years old • All employces and/or volunteers shall meettherequirernents • All CONSULTANTs, as well as their employees and volunteers, are strongly recommended to obtain certification in CPR/First Aid. PUBLICITY:. • May not publicize CONSULTANT's business to class participant during class hours without prior authorization from Department Director. • Must obtain prior approval from Recrcation Coordinator or designee for publiCITY containing CITY classes. Professional Services Rev.Nov.1,2011 • Must clarify to customers that any personal informatioIl sought by CONSULTANT (name, phone number, address, etc.) from customers is voluntary, and strictly fortheuse of the CONSULTANT and not requested by the CITY • Submit quarterly class proposals for creation of the Enjoy catalog. Note: Classes included in proposal are not guaranteed to be offered. PUNCTUALITY: • CONSULTANT and their employees shall arrive at 1east 1 5 minutes prior to.the startinglime ofthe class • Insures that a]] classes start and end on time • Notifies center prior to the class ifCONSULTANT is running late or unable to attend • Ifaclassis missed, a make up class is required to be provided by CONS ULTANT. RECORD KEEPiNG: • Must take attendance at each class. All attendance recolds shall be submitted at the end ofeach session. • Must be responsible for distributing and collecting C1TY eustomer service surveys for eachclass conducted. The completed surveys should be turned in to center staff at the end ofthe final class. COMMUNICAT1ON: • Maintain on-going communication • Immediately communicate problems and issues with th¢ dass(es)or customers • Inform CITY staff o f participant injuries and complete necessary accident reports within 24hours. ADHERENCE TO CITY POLICY: • Responsible for knowing the CITY's policies and procedures with regard to special interest classes (i.e. waiting lists, cancellation, refund, satisfaction, etc.) • Responsible for verifying that only registered participants with a signed CITY 1iability form on file with the CITY are permitted to participate in CITY's special interest classes. PRIVACY: • Agrees thal any personal information that CONSULTANT receives regarding customers may not be used for other than CITY business. • Ensures that customer information will be stored in a secure location. CITY AGREES to: • Process all registrations for classes (CONSULTANTs not allowed to register participants) • Provide CONSULTANT with attendance sheets • Provide facility for scheduled classes, which includes reservation ofoutdoor spaces (i.e. sports fields, tennis courts, etc.) • Include CONSULTANT classes in publicity materials EXH1BIT "B" SCHEDULE OF PERFORMANCE The parties agree that the Classes shal] occur over the Fall, Winter, Spring and Summer sessions of ClTY's Recreation Program and Camps shall occur over the Summer sessions as well as school breaks. The dates: times and location o f each class session shall be subject to the mutual agreement 0fRecreation Coordinator and CONSULTANT. All classes are required to have a minimum offive (5) minutes belween classes for passing time Classes will be publicized in the ClTY's special interest markeling tools. C]ass information must be submitted approximately six months prior to the start ofeach class session. Class Schedule Tuesdays PM Wednesdays PM Thursdays Am & PM Saturdays AM & PM Professional Setvices Rev.Nov. 1,2011 . 1 EXHIBIT "C" COMPENSATION A. For the Classes and Camps taught for all sessions during the term of this Agreement, CITY shall pay CONSULTAN'i65%oftheResident feeforClasses and70% of the Resident fee for Camps for the period of 10/01/13 through 09/30/16. CONSULTANTwill not be compensated for classes and camps offered and canceled. CONSULTANT will be compensated for only registered participants listed on the attendance records. CITY and CONSULTANT shall mutually agree upon the date and time and number of courses offered by CONSULTANT pursuant to this Agreement, provided that the total compensation payable to CONSULTANT shall not exceed the amount set forth in ParagraphB. B. The total amount payable by CITY to CONSUL7ANT under this Agreement shall not exceed lEightv-five thousandl (S85,00().00) per year. C. PAYMENT 1. For registration based classes, at the conclusion ofeach session, CONSULTANT will invoice the CITY for payment. The CONSULTANT payment voucher will then be submitted to the fiscal section for payment at which point the CITY has 30 working days from the last date ofthe payment voucher to render payment to the CONSULTANT. Invoices must include class name, class number, number of registered participants, rate of' pay, total amount due for each class and grand total of all classes included on invoice. 2. For drop-in based classes, CONSULTANT will invoice the CITY for payment at 1east monthly. The CONSliTANT payment voucher will then be submitted to the fiscal section for payment at which pointthe ClTY has 30 working days from the last date ofthe payment voucher to render payment to the CONSULTANT. Invoices must include attendance sheets, rate of pay, total amount due foreach class and grand total o f all classes. D. MISSED CLASSES (Excluding weather-related eancellations, if applicable) 1. If CONSULTANT gives 24 hours or less cancellation notice of class(cs) starting lime and subject to the prior approval of CITY, CONSULTANT will be compensated at 50% of compensation rate for day of the make up session provided CONSUI,TANT conducts a make up session at a mutually agreeable time and location. 2. If CONSULTANT misses two consecutive weeks/meetings of the same class(es) and subject to the prior approval of CITY, CONSULTANT will be compensated at 25% of compensation rate for each ofthe make-up days provided CONSULTANT conducts a make up session at a mutually agTeeable time and 1ocation. Nothing herein limits the CITY's right to terminate this Agreement for CONSULTANT's failure to conduct any class at the specified time and place. Professional Services R.Nov. 1,2011 E. LATE CLASSES 1. If CON SULTANT is late at 1east twice to same class in the same session (or same month for drop-in classes) and subject to the prior approval of ClTY, CONSULTANTwill be compensated at 100% of compensation rate for the first time the CONSULTANT was ]ate. For the second time the CONSULTANT is late, CONSULTANT will be compensated at 50% of compensation rate. 2. If CONSULTANT is late at three or more times to same class in the same session (or sarne month for drop-in classes) and subject to the prior approval ofC11'Y, CONSULTANTwill be compensated at 25% of compensation rate. Nothing herein 1imits the CITY's right to terminate this Agreement for CONSULTANT's failure to conduct any class al the specified time and place. F. Ifthe CONSULTANT uses CITY's facility for any purposc other than a mutually agreed upon and scheduled class under this agreement, then the CONSULTANT pays all fees and charges as specified in the current Fees & Charges resolution. Professional Services RevNov.1,2011 REQUIRED YES YES YES YES YES YES EXWBlT "D" 1NSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALOALTO (CITY),AT THEIR sOl.E EXPENSE,SHALLFOR THE TERM OFTHE CONTRACT OBTAIN ANDMAINTAIN INSURANCEINTlIE AMOUNTS FORTHECOVERAGE SPECIFIEl) HELOW, AFFORDED BY COMPAN'lES WITHAM BEST'S KEY RATING OF A-:VII,OR HIGHER, LICENSED ORAIJTHORIZEl) T0'1'RANSACT INSURANCE HUSINESS IN TIIESTATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE W1TH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED. BELOW: TYPE OF COVERAGE WORKER'S COMPENSATION EMPLOYER'S 1.1ABIL[TY GENERAL UABlUTY,INCLUDNG PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL 1,1ABILITY AUTOMOB[LE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED PROFESSIONAL LIABILITY, INC[.UDING, ERRORS AND 0MISSIONS, MALPRACTICE (WHEN APPLICAHLE), AND NEGLIGEN'r PERFORMANCE STATUl'ORY STATUTORY REQUIREMENT HOI)tLY 1NJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. BODILY INJTJRY -· EACH PlERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPER']'Y 1)AMAGE, COMBINED AU. DAMAGES MINIMUM LIMITS EACH 0CCURRENCE $1,000,000 S1,000,000 $1,000.000 $1,000,000 $1,000,000 $1,000.000 $1,000,000 $1,000,000 S1,000,000 AGGREGATE 2000,000 $i,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 THEC1TY OF PALOALTO IS T0BE NAMED AS AN AD[)['1 IONAL INSURED CONSULTANT, AT ITS SOLE COST AND EXPENSE,SHALLOBTAIN ANDMAINTAIN, IN FULL FORCE AND EFFECI' THROUGHOUTIHE ENTIRE TERM OF ANY RESULTANT AGREEMENT,THE tNSURANCE COVERAGE HEREIN DESCRmED,INSURING NOT ONLY CONSULTANTAND ITS SUBCONS ULTANTS,IFANY,BUTALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LI A BILITY AND PROFESSlONAL INSURANCE, NAMINGAS ADDITIONAL INSUREDS CITY, 1'rS COUNCIL MEMBERS, 0FFICERS, AGENTS, AND EMPLOYEES, I. INSURANCE COVERAGEMUSl' INCI.UDE: A. A PROVISION FOR A WRITrIEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B, A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING ]NSURANCE COVERAGE FOR CONSULTAN1"S AGREEMENT TO INDEMNIFY CITY. DEDUCTIBLE AMOUNTS IN EXCESS OF S5,000 REQUiRE Crry'S PRlOR APPROVAL. II. CONTACTORMUST SUBMIT CERT111CATES(S)OF INSURANCE EVIDENCING REQUIRED COVERAGE. 1II. ENDORSEMENT PROVISIONS. WITH RESPECT TO THE INSURANCE AFFORDED TO ··ADDITIONAL INSUREDS" A. PRIMARY COVERAGE ProfessionalServices Rev Nov. 1, 2011 WITH RESPECT TO CLAIMS ARISING 0U1' OF 'I'llE 0PERATI0NS OF THE NAMED 1NSURED, INSURANCE AS AFFORDED BY THIS POLICY lS PRIMARY AND IS NOTADD]TIONALT0OR CONTRIBUTING WITH ANY OTHERINSURANCE CARRlEDBYORFORTHE BENEF[T OF THE ADDlTIONAL INSUREDS. B. CROSS LIABILITY THENAMING 0FM0RETHAN0NE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALLNOT, FOR THATREASON ALONE, EXTINGUISH ANY RIGHTS OF '1'1IE INSURED AGAlNST ANOTHER, BUT THIS ENDORSEMENT, ANDTHE NAMING OF MUl.TIPL13 INSUREDS, SHALL NOr INCREASE THE TOTAL LIABILITY OFTHE COMPANY UNDERTHlS P01.1CY. NOTICE OF CANCELlATION 1. IF TI lE POlICY [s CANCELED BEFORE [TS EXPIRATION DATE FORANY REASONOTHER THANTHENON-PAYMENT0FPREMIUM,THElSSUlNGCOMPANYS]·1ALLPROVIDEC[TY AT LEASTA THIRTY (30) DAY WR1TTEN NOTICE BEFORE THEEFFECTIVE DATE OFCANCELLATION. 2. LFTHE POLICY IS CANCELED BEFORE ITS EXPl RATIONDATE FORTI·lE NON-PAYMENT OF PREM1UM, THE 1SSU1NG COMPANY SHALLPROVIDE C]TYATLEASTA TEN(10)DAY WRITrEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCEl«LATION. NOTICES SHALL BE MA[LED TO: PURCHASING AND CONTRACT ADMIN[STRATION CITY OF PALO ALTO P.O. BOX 10250 PALOA[-TO,CA 94303 Professional Services RevNov.1,2011 A ® 0ACORDCERTIFIlATE OFLIABILITYINSURANCE 4/22/2013 [}ATE (MMVOD/YYYY) THIS CERTIFICATE lS 1SSUED AS A MATTER OF INFORMATION ONLY AND CONFERS N0 RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 1SSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certifIcate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAlVED, sUbject tothe terms and conditIons of the polIcy, certain policies may require an endorsement. A staternent on this certificate does not confer rights to the ,certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME:Judy Suarez Commercial Lines - 800-868-8834 PHONE i FAX lA/C.Ne,Ext1:704-556-2580 1 fAIC,No): 866-332-3051Wells Fargo Insurance Ser,ices USA, Inc.E-MAlL i ADDRESS: 1udith.suarez@welIsfargo.com 6100 Fairview Road iNSURER(S) AFFORDING COVERAGE NAIC #Chariotte, NC 28210 INSURER A:Travelers Casualty Ins Co of America 31194 INSURED INSURER B:North American Youth Activities LLC INSURER C :dba Kidz Love Soccer INSURER D: P.0. Box 337 INSURER E: Corte Madera, CA 94976 INSURERF COVERAGES CERTIFICATE NUMBER: 5944652 REVISION NUMBER: See below THtS lS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTE0 BELOW HAVE BEEN 1SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERlODINDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT oR 0THER DOCUMENT WITH RESPECT TO WHICH THtSCERTIFICATE MAY BE 1SSUED OR MAY PERTAIN,THE INSURANCE AFFORDE0 8Y THE POLICIES 0ESCRIBED HEREIN lS SU8JECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXPLTRTYPE0FINSURANCEINSR WVD POLICY NUMBER ,MMiDDiYfYY1 (NIM/DOr¢YyYl LIMITS GENERAL UA8WTY EACH OCCURRENCE $ DAWAGE TO RENTEDCOMMERCIAL GENERAL LIABILlTY PREMISES TER 0ccurrence) 5 CLAtMS*lADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: 7 P0UCY = 7/1f m LOC AUTOMOBILE LIABILITY * ANY AUTO UMBRELLAUAB __ C>CCUREXCESS LIA8 CLAIMS-MADE DED |RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICERIMEMBER EXCLUDED? (MandatoryinNH) 1 f yes, de$cribe under DESCRIPTION OF OPERATIONS below Y/N NiA BA2126P88012 1 0/30/201 2 10/30/2013 DESCRIPTION OF OPERATiONS 1 LOCATIONS i VEHICLES (Attach ACORD 101, Additional Rem4rks Schedu!e, iT more spaGe 15 required) Children's soccer school CERTIFICATE HOLDER City of Palo Alto 250 Hamilton Ave. Palo Alto, CA 94301 ACORD 25 (2010/05) CANCELLATION The ACORD name and logo arc registered marks of ACORD GENERAL AGGREGATE PRODUCTS - COMPMOP AGG COMBINED SINGLE LIMITfEaaddent) BODlLY !NJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (P/raccident) EACH 0CGURRENCE AGGREGATE 1 WCSTATU. 1 lOTH-1 TORY LIMITS I lER E.L EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ $ $ $ S $ $ $ 1,000,000 $ $ $ $500 CoN Ded SHOULD ANY OF THEAB0VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTAnVE © 1988-2010 ACORD CORPORATION. All rights reserved. 10/31/2012 CERTIFICATEHOLDER YiN C ACORD CERTIFILATE OF LIABILITY INSUR,.,4CE 11/19/2012 DATE (MhV0Drn'n9 THiS CERTIFICATE lS 1SSUED AS A MATTER OF INFORMATION 0NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THiS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 1SSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the polIcy(ies) must be endorsed. lf SUBROGATION lS WAlVED, subJect tothe terms and conditions of the policy, certain policies may require an endorsement. A staternent on thIs certificate does not confer rights to thecertIficate holder In lieu of such endorsement(s). CONTAC7PRODUCER · NAME Casey KolbVan Beurden InS. Serv. Inc. - Woodland PHONE 1 FAXpo Box 2053 E·MAlL -M/C,No. Ext):{530} 661-0666 I(kc,Nol:(530) 661-9032 A0DRESS:Woodland CA 95776-2053 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: C010ny Ins Company 39993<408) 252-1894 INSURER B: INSURED North American Youth Activities LLC DBA Kidz Love Soccer P.0 Box 337 Corte Madera CA 94976 INSURER C INSURER D INSURER E INSURERF. COVERAGES CERTIFICATE NUMBER: Cert ID 14249 REVISION NUMBER: THIS [S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 8EEN 1SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERlODINDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR 0THER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE 1SSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN lS SUBJECT TO ALL THE TERMS,EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXPLTRTYPE OF INSURANCE INSR WVD POLICY NUMBER IMMfDOrI'YYYl IMM/DDrri'YY)L1MITS GENERALLIABILITY A X COMMERCIAL GENERAL tIABILITY Mp3991165 - CLAIMS-MADE 11] OCCUR GENt AGGREGATE LIMIT APPlIES PER POLIcY 1--1X m LOC AUTOM0BILE LIABILITY ANY AUTO ALL 0WNED AUTOS AUTOS SCHEDULEDNON·OWNEDHIREDAUTOSAUTOS UMBRELLA LIAB 0CCUR EXCESS LIAB CLANS-MADE DED | | RETENTION $ WORKERS COMPENSATION ANDEMPLOVERS' LIABILITY ANY PROPRIETOR/PARTNER;EXECUTIVE OFFICER/MEMBER EXCLUDED? (MandatoryinNH) H yes,de.cribe under DESCRIPTION OF OPERATIONS below N/A 10/31/201 EACH OCCURRENCE DAMAGETORENTED3 PREM SES (Eaoccumence) MED EXP (Any ¤no per5on) PERSONAL&AOVINJURy GENERAL AGGREGATE PRODUCTS * COMP/OP AGG GOMBINED SINGLE LIMIT(Ea accidenl) BODILY INJURY (Perperson) BOOlLY INJURY (Per accidInt) PROPERlY DAMAGE(PeracMentl EACH OCCURRENCE $ AGGREGATE $ $ I *CSTATU- 1 lOTH1 TORY LIM1TS I 1 ER ELEACHACCIDENT S E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE. POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS/LOCAllONS 1 VEHICLES (Atach ACORD 101, Addl:lonal Remarks ScheduTe, ii more 5paCe is r,quIred)Certificate Holder is named Additional Insured a8 reapects General Liability per attached form #U156-0310 0nly when required by written contract. City of Pa10 Alto 1305 Middlefield Road Pal¤ Alto CA 94301 ACORD 25 (2010/05) CANCELLATION $ $ $ $ $ 2,000.000 $ 100,000 3 5,000 $ 2.000.000 $ 3,000,000 $ 3,000,000 $ SHOULD ANY OF THE ABOVE DESCRIBEDPOUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVIS[ONS AUTHORIED REPRESENTATIVE CLu gL* © 1988-2010 ACORD CORPORATION. All rights reserved.TheACORDnameand logoare registered marks of ACORD Page 2 of 2 A ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDrrf) 10/31/2013 THIS CERTIFICATE lS 1SSUED AS A MATTER OF INFORMATION 0NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 1SSUING INSURER(S}, AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certifIcate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. lf SUBROGATION lS WAlVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A staternent on this certificate does not confer rights to thecer'tificate holder in lieu of such endorsement(s) PR00UCER ¤*ACT Casey Kolbvan Beurden Ins. Serv. Inc. - Woodland PHONE |FAXPO Box 2053 _(A/C. No. 5IO,(530) 661-0666 1 1A1C,Nol:(530) 661-9032E·MAILADDRESS:ckolb@vanbeurden.comWoodland CA 95776-2053 INSURED {408) 252-1894 North American Youth Activities LLC DBA Kidz Love Soccer P.0 Box 337 Corte Madera CA 94976 INSURER(Sl AFFoRDING COVERAGE INSURERA: State CompenSation Ins Fund of INSURER 8: Colony Ins Company INSURERC: INSURER D INSURER E NAlC # 35076 39993 INSURER F: COVERAGES CERTIFICATE NUMBER: cert ID 17124 REVISION NUMBER:THIS lS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 15SUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERlODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE 1SSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN lS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.INSR ADDl1SuBit POLICY EFF POLICY EXPLTRTYPE Of1NSURANCE INSO I WV[)POUCY NUMBER (MM/[POiYYYYl IMM/DD/YYYY)LIM;TSB X COMMERCIAL GENERAL LIABILITY $ 2.000.0003 CLAtMS-MADE 0CCUR MP3991428 GEN·L AGGREGATE LIMIT APPLIES PER: E POLLCY 0 2& E oc 0THER: AUTOM08fLE LIABILITY ANY AUTO ALL 0WNED SCHEOULEDAUTOSAUTOS NON©WNEDHIRED ALlroS AUTOS UMBRELLA LIA8 0CCUR EXCESS LIAB ClAIMS„MADE DED | | RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTiVEOFFICER/MEMBER EXCLUDED?(MarIdatory in NH) 1fyes.describeunder DISCRIPl!ON OF OPERATIONS below YiN N/A 90354252012 10/31/2013 12/1/2012 10/31/201 12/1/2013 EACH 0CCURRENCE -I5*NI*Grrb- ReNTED 4 PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COM81NED SINGLE UMIT CEa accident) BODILY INJURY (Per person} 80DILY 1NJURY (PeraccIdenO PROPERTY DAMAGE (Per accidenI) EACHOCCURRENCE AGGREGATE . 1 PER 1OTH-4 I STATUTE | 1 ER EL.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E L. DISEASE. POLICY LIMIT OESCRIPTION OF OPERATIONS / LOCATIONS i VEH1CLES (ACORD 101, AddItIonal Remarks Schedule, may be attached if morespace ls required)Certificate Holder is named Additional Insured as respects General Liability per attached form #U156A-0313 0nly when required by written contract. CERTIFICATE HOLDER City of Pa10 Alto 1305 Middlefield Road Pa10 Alto CA 94301 ACORD 25 (2013/04) CANCELLATION $ $ S $ $ $ $ $ S 3 100.000 $ 5,000 $ 2,000,000 $ 3,000,000 $ 3.000,000 $ $ 1.000.000 $ 1,000,000 s 1,000,000 5HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE W[TH THE POLICY PROV]SIONS. AUTHORIZED REPRESENTATIVE CLOgi- © 1988-2013 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 36 of 50 Policy#: MP39[1428 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ lT CAREFULLY. ADDITIONAL INSURED - 0WNERS, LESSEES OR CONTRACTORS - BLANKET COVERAGE INCLUDING PRIMARY / NON-CONTRIBUTORY AND WAlVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Add!tIonal Insured Person(s) or OroanIzation(s) (AddItIonal Insured): All persons or organizations as requIred by a written contractor agreement with the named insured. LocatIon(s) of Covered OperatIons: Locations as requIred by a wrItten contract or agreement vAth the named insured. A.SECTION 11-WHOlSANINSURED is amended to include as an additional insured the person(s) or organization(s) shown In the Schedule for whom you are pe,forming operations when you and such person or organ]zation have agreed in writing In a contract or agreement that such person or organIzat]on be added as an add]tional insured on your policy. Such person or organizatIon ls an addItIonal insured only with respect to liabilIty for "bodIly injury", "property damage" or "personal and advertisIng injury" caused, in whole or in part, by: 1, your acts oromIssions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoIng operations for the additional insured(s) at the location(s)desIgnated above. A person's or organIzation's status as an additional insured under thls endorsement ends when your operationsforthat additional Insured are completed. B. WIth respect to the insurance afforded to these. additional Insureds, the followIng addItIonalexclusIons apply: This Insurance does not apply to: Additional Insured Contractual Liability "bodIly injury" or "property damage" for whIch lhe additional insured(s) are obIlgated to pay damagesby reason of the assumption of liability In a contract or agreement. FinIshed 0perations at Work "bodIly Injury" or "property damage" occurring after: 1. all work, Including materials, parts or equipment fumIshed in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. that portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "bodily injury" or "property damage" arising directly or indirectly out of the negligence ofthe additional insured(s), U156A-0313 Includes copyrighted material of 1SO Properties, Inc., with its permission. Page 1 of 2 C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. 0ther Insurance' is amended and the following added: The insurance afforded by this Coverage Part for the additional insured required by a written contractor agreement with the named insured is primary insurance and we will not seek contribution from anyother insurance available to that additional insured. D. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against 0thers To Us is amended and the following added: We waive any rights of recovery we may have against any person or ordanization because of payments we rnake for injury or damage resulting from your ongoing operations or "your work" doneunder a contrad with that person or organization and included in the "products-completed operationshazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contract or lease;and c. such written contract or lease was executed prior to any loss to which this insurance applies, U156A-0313 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of 1SO Properties, Inc., with its permission, Page 2 of 2 City of Palo Alto (ID # 7027) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Contract For On-Site Fleet Parts And Inventory Program Title: Approval of a Three-year Pilot Contract With Genuine Parts Company in an Amount Not-to-Exceed $2,588,096 for an On-Site Fleet Parts and Inventory Program and Approval of a Budget Amendment in the Vehicle Replacement and Maintenance Fund From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1.Approve and authorize the City Manager or his designee to execute the attached three-year contract with Genuine Parts Company (Napa) for an amount not-to-exceed $2,588,096 for an on-site fleet parts and inventory program (Attachment A); 2.Approve and authorize additional services in the amount of $339,116 which is included in the not-to-exceed amount of $2,588,096. 3.Amend the Fiscal Year 2017 Budget Appropriation for the Vehicle Replacement and Maintenance Fund by: a.Increasing the vehicle parts operations expenditure appropriation by $304,529; and b.Decreasing the Vehicle Replacement and Maintenance Fund reserve by $304,529. Background Prior to 2014, Fleet operated on an outdated version of AssetWorks software, which was not efficient in tracking and managing the parts/supplies inventory. City of Palo Alto Page 2 Due to the outdated software capabilities, lack of staff time dedicated to inventory management and the City’s aging fleet, the City has accumulated unusable parts and discrepancies in the inventory. Recognizing the challenges of maintaining the fleet parts/supplies inventory,staff began investigating outsourcing parts operations in early 2015, including a visit to the City of Sacramento, with a fleet of approximately 2,800 vehicles/equipment and multiple service locations, to tour the facility and learn from the fleet manager’s experience with Napa. Napa has been in contract with the City of Sacramento for on-site fleet parts and inventory services, including contract staff to procure and manage the auto parts/supplies inventory since 2009. The fleet manager described the City of Sacramento’s parts inventory management prior to outsourcing as lacking in the same areas as the City of Palo Alto and reported after contracting with Napa they saw annual cost savings, an increase in shop productivity,as parts were readily available and a reduction in equipment downtime. Sacramento’s fleet manager conveyed Sacramento’s satisfaction with Napa and their excellent quality of service provided. In Fiscal Year 2015 staff time spent procuring, receiving, billing and tracking parts/supplies for the approximately 560 vehicles/equipment was equal to approximately $226k and the amount spent on parts/supplies equal to $538k. Fleet relies on more than 60 vendors for parts/supplies,requiring numerous Fleet and Purchasing staff-hours to establish purchase contracts for access to the variety of vendors needed. Additionally, the Fleet Services Coordinator, the sole staff person to oversee parts operations on a full-time basis for over 17 years, retired from the City in May 2016. This presents an appropriate time to consider alternative services. Following the budget hearings on May 12, 2016, staff presented Finance Committee their recommendation for a three-year pilot with Finance Committee passing a motion 3-0 to recommend the City Council approve a three-year pilot with Napa to provide on-site fleet parts and inventory services, including contract staff to procure and manage the auto parts/supplies inventory. City of Palo Alto Page 3 Discussion Inventory Management Napa will purchase our current non-obsolete inventory and assist with obsolete inventory to ensure the City recovers the maximum possible disposal value. The elimination of time and costs associated with owning inventory and inventory management, shrinkage and obsolescence will allow staff to focus on maintaining vehicles and equipment, meeting regulatory demands, replacing vehicles in a timely manner and managing vendor contracts outside of parts/supplies. Additionally, staff will use this time to evaluate eliminating inventory ownership and the need for staff to manage inventory permanently. Procurement Fleet and Purchasing staff time will be reduced and administrative costs lowered as fewer purchase orders, receipts, invoices and accounts payables will need to be processed. Napa will utilize the purchasing contracts they have in place, becoming the sole parts/supplies vendor. Public Works will need to purchase an additional software module through the sole source procurement process from its current fleet software provider,AssetWorks,for Napa’s TAMS parts management software to fully integrate,allowing contract staff to allocate parts directly to work orders, handle all paperwork reconciliation and pay vendors directly. In turn, Napa will bill the City monthly for all parts/supplies purchased. If the three-year contract with Napa is approved, one Fleet Services Coordinator position will be temporarily frozen and one hourly Stock Clerk position eliminated, resulting in salary savings of approximately $135k annually. At the end of the pilot’s first year, staffing needs will be evaluated to determine if the Fleet Services Coordinator position should be reclassified or could be eliminated. A cost analysis will be conducted annually for the term of the pilot to determine cost savings in parts/supplies and in salaries and benefits. Bid Process The Palo Alto Municipal Code Section 2.30.360 (j) identifies the process that allows the use of intergovernmental cooperative purchasing agreements. Bids for this purchase were obtained through the approved cooperative group, National Joint Purchasing Alliance, NJPA Contract 061015 (Attachment B). A Request for Quotation (RFQ) was sent to National Joint Powers Alliance and a proposal was received February 3, 2016 from Napa (Attachment C). Attachment D provides the City of Palo Alto Page 4 bid. Finance Committee recommended the City Council approve a three-year pilot with Napa to provide on-site fleet parts and inventory services, including contract staff to procure and manage the auto parts/supplies inventory and staff concurs. Resource Impact This is the first attempt to contract with a vendor for parts operations. Napa’s estimated expenses for the contract’s first year, including salaries, benefits,and taxes are $175,548. Public Works currently has a budget of $552,000 for the purchase of parts; it is anticipated an additional $107,571 will be needed for the increase in parts prices and the increasing costs associated with the replacement parts needed to maintain our aging fleet. Additionally, $21,410 is needed to integrate NAPA’s TAM’s software system with Public Works’AssetWorks software system. A Budget Amendment of $304,529 has been included in this request to appropriate these funds from the Vehicle Replacement and Maintenance Fund. Funding for software maintenance and salary increases for additional contract years will be approved through the regular budget process. Policy Implications The approval of this recommendation to retain the services of Napa is consistent with existing City Policies.Authorization of this contract does not present any change to the existing policy. Environmental Review The proposed contract is not a project subject to environmental review. Attachments: ·Attachment A -Contract C17165394 (PDF) ·Attachment B -NJPA Contract (PDF) ·Attachment C -Proposal (PDF) ·Attachment D -Bid with 3 year Projected budget 5% CPI (XLS) 1 City of Palo Alto General Services Agreement Rev. April 27, 2016 CITY OF PALO ALTO CONTRACT NO. C17165394 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 15th day of August, 2016, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and GENUINE PARTS COMPANY, a Georgia corporation (d/b/a NAPA Auto Parts) (“NAPA” or “CONTRACTOR”), located at 2999 Circle 75 Parkway, Atlanta, Georgia, Telephone Number: 303-799-1965 . In consideration of their mutual covenants, the parties hereto agree as follows: 1.SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A. 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 5 of this Agreement. CONTRACTOR 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 5. 2.EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “B” - Schedule of Performance “C” – Schedule of Fees “D” - Insurance Requirements “E” – Assignment “F” – NJPA Contract Attachment A 2 City of Palo Alto General Services Agreement Rev. April 27, 2016 CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED. 3. TERM. The term of this Agreement is from August 22, 2016 to August 21, 2019 inclusive, subject to the provisions of Sections Q and V of the General Terms and Conditions. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Two Million Two Hundred Forty Eight Thousand Nine Hundred Eight dollars ($2,248,980). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of Three Hundred Thirty Nine Thousand One Hundred Sixteen dollars ($339,116) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. 3 City of Palo Alto General Services Agreement Rev. April 27, 2016 CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. 6. COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: Danitra Bahlman, Dept.: Public Works, Telephone:650-496-5920. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. If CITY has not paid the entire amount of all statements received from CONTRACTOR within 30 days of receipt of such invoice, CITY shall be put on COD until such amount is paid in full. GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 7 above, these general terms and conditions and the attached exhibits. 4 City of Palo Alto General Services Agreement Rev. April 27, 2016 B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. For the avoidance of any doubt, the parties agree that the term “subcontractors” shall specifically exclude all third party suppliers and manufacturers of the products sold hereunder and all third party delivery service providers (i.e. UPS and FedEx). E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR 5 City of Palo Alto General Services Agreement Rev. April 27, 2016 shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. 6 City of Palo Alto General Services Agreement Rev. April 27, 2016 I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all NAPA branded materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any NAPA branded material or service not in compliance with these warranties, including incomplete, inaccurate, or defective NAPA branded material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one (1) year from completion of the Services or delivery of the NAPA branded materials, goods and equipment and shall survive the completion of the Services or delivery of the NAPA branded materials, goods and equipment for a period of one (1) year. In addition, all automotive parts supplied pursuant to this Agreement are subject to the terms of written warranties provided by the manufacturer of each part, and NAPA shall use reasonable commercial efforts to assist the CITY in processing all warranty claims that the CITY may have against the manufacturer. Copies of the manufacturers’ warranties for all materials, goods, and equipment will be available to the CITY upon request. With respect to non-NAPA branded materials, goods and equipment, the manufacturer’s warranty will be the sole and exclusive remedy for the CITY in connection with any claims concerning such non-NAPA branded materials, goods and equipment supplied to the CITY pursuant to this Agreement. ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED FOR NON-NAPA BRANDED MATERIALS, GOODS AND EQUIPMENT. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. CITY’S PROPERTY. Any non-confidential reports, information, data or other material developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. For the avoidance of any doubt, the parties agree that all intellectual property rights owned by CONTRACTOR will remain owned by CONTRACTOR and will not become the property of the CITY hereunder. 7 City of Palo Alto General Services Agreement Rev. April 27, 2016 L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. N. INSURANCE. CONTRACTOR shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions, which approval shall not be unreasonably withheld. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy to the extent of CONTRACTOR’S indemnification obligations herein. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage to the extent of CONTRACTOR’S indemnification obligations herein. CONTRACTOR will use commercially reasonable efforts to provide the CITY at least thirty (30) days written notice prior to any cancellation or material change in coverage or limits in the required policies set forth in this section. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section M relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative 8 City of Palo Alto General Services Agreement Rev. April 27, 2016 expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution) (collectively, the “Losses”), arising out of, or resulting in any way from the CONTRACTOR’s performance of this Agreement; provided, however, that the parties agree that CONTRACTOR shall not be obligated under any circumstances to indemnify, defend or hold harmless CITY, its Council members, officers, employees and agents from and against any Losses arising from, resulting from or attributable to: (i) the acts or omissions of any third party supplier or manufacturer of the products supplied hereunder and/or (ii) the sole negligence or intentional misconduct of the CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement. P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. R. TERMINATION. Within the first year of this Agreement, the City Manager may terminate this Agreement without cause by giving one hundred and twenty (120) days’ prior written notice thereof to CONTRACTOR; thereafter, the City Manager may terminate this Agreement without cause by giving thirty (30) days’ prior written notice thereof to CONTRACTOR. Likewise, within the first year of this Agreement, CONTRACTOR may terminate this Agreement without cause by giving one hundred and twenty (120) days’ prior written notice thereof to the CITY; thereafter, CONTRACTOR may terminate this Agreement without cause by giving sixty (60) days’ prior written notice thereof to CITY. If CONTRACTOR fails to perform any of its material obligations under this Agreement and such failure is not cured within five (5) business days following receipt of written notice thereof, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon 9 City of Palo Alto General Services Agreement Rev. April 27, 2016 receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. Likewise, if the CITY fails to perform any of its material obligations under this Agreement and such failure is not cured within thirty (30) days following receipt of written notice thereof, in addition to all other remedies provided by law, CONTRACTOR may terminate this Agreement immediately upon written notice of termination. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination by the CITY is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CITY shall allow CONTRACTOR full and unrestricted access to enter into the on- site store and immediately remove all equipment and other items owned by CONTRACTOR without being deemed guilty of trespass or any other violations of the law. All inventory records, sales history, sales analysis and all other information generated by CONTRACTOR under this Agreement will be returned to CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. Except as provided in Exhibit A, this Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY and CONTRACTOR. T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR 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 this Contract. CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY Officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict arises. U. GOVERNING LAW. This contract shall be governed and interpreted by the laws of the State of California. V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. 10 City of Palo Alto General Services Agreement Rev. April 27, 2016 W. NON-APPROPRIATION. 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 Contract are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR 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, CONTRACTOR shall comply with the following zero waste requirements: • All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double- sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Contractor 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 CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. PREVAILING WAGES This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the performance and implementation of the Project in 11 City of Palo Alto General Services Agreement Rev. April 27, 2016 accordance with SB 7, if the contract is not a public works contract, if contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 12 City of Palo Alto General Services Agreement Rev. April 27, 2016 CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRCATOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. [For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR. Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control. 13 City of Palo Alto General Services Agreement Rev. April 27, 2016 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 GENUINE PARTS COMPANY dba NAPA AUTO PARTS ______________________________ By________________________________________ City Manager or Designee Name _____________________________________ Title_______________________________________ __________________________ Purchasing Manager or Designee Approved as to form: ___________________________ City Attorney or Designee 14 City of Palo Alto General Services Agreement Rev. April 27, 2016 EXHIBIT A SCOPE OF SERVICES Initial implementation and start-up Upon contract award, CONTRACTOR will begin set up and integration of their TAMS software system and parts room. Within 60 days of contract award CONTRACTOR shall be fully prepared to operate and manage their parts program, and provide all parts/supplies necessary for operations of the CITY of Palo Alto’s Fleet section. CONTRACTOR shall establish and operate an on-site parts operation at the CITY’S Municipal Service Center, located at 3201 E. Bayshore Rd., Palo Alto, Ca. 94303, and provide the inventory as agreed upon by CONTRACTOR and the CITY. 1. DUTIES AND RESPONSIBILITIES OF CONTRACTOR. CONTRACTOR shall have the following duties and responsibilities during the term of this Agreement: a) CONTRACTOR shall provide all personnel management, staff, parts and supplies necessary to run an efficient and effective on-site parts operation from 7:00 a.m. to 3:30 p.m. Monday through Thursday and 6:15 a.m. to 2:45 p.m. on Fridays except on Holidays. The City’s project manager will provide a list of the City’s holidays. b) CONTRACTOR shall provide back-up emergency service during non-working hours on an as needed basis. This overtime expense (calculated at time and one half) will be charged on a cost basis to the CITY, and must be pre-approved by either the CITY’s Assistant Public Works Director, the Fleet Manager, the Assistant Fleet Manager, or the Project Manager. CONTRACTOR will provide a list of personnel, including phone numbers, who will respond to emergency service requests. c) CONTRACTOR shall supply all parts and shop supplies (including tires) necessary to maintain and repair the CITY’s fleet of vehicles and equipment and may include but not limited to Original Equipment Manufacturer (OEM) parts, aftermarket parts, small engine parts, agricultural parts, hydraulic hoses, fasteners, chemicals, tools and equipment and any other commodities including commercial plumbing, electrical, lumber and other related items/supplies determined by the CITY’s Project Manager. The CITY will have the ability to expand the scope of items required. 15 City of Palo Alto General Services Agreement Rev. April 27, 2016 d) CONTRACTOR shall provide parts inventory to the Fleet Management facilities with accounting and security procedures. The on-site store location shall be appropriately secured or otherwise maintained separate and apart from the business of the CITY. There shall be no intermingling of CITY parts or other inventory with CONTRACTOR’s parts or inventory. Access to the secured on-site store shall be restricted to CONTRACTOR employees and authorized CONTRACTOR representatives only. CONTRACTOR will assume all losses unless such losses are caused by the negligent acts or omissions or intentional misconduct of the CITY. CITY employees, contractors or agents shall not be permitted to enter the secured on-site store area unless accompanied by a CONTRACTOR employee or other authorized CONTRACTOR representative. e) All items/parts provided shall be new or remanufactured to OEM standards unless stated otherwise. CONTRACTOR agrees to provide any and all necessary documentation, including invoices from its suppliers, for all items provided to the CITY to ascertain basis for CITY payments to CONTRACTOR and for auditing purposes upon request by the CITY. f) CONTRACTOR shall provide a profit and loss statement of the parts operations to the CITY’s Project Manager on approximately the 25th of each month. g) CITY reserves the right to purchase parts and or services from other sources if CONTRACTOR cannot obtain the desired part(s) by start of business day following CITY’s request, and in emergency situations. Emergency is defined as when a vehicle or piece of equipment is down for repairs and needs to be repaired within 24 hours. h) CONTRACTOR shall accept industry standard cores of equal value for rebuilding where the parts are acceptable as core exchanges including water pumps, alternators, and starters. i) CONTRACTOR shall have access to and control over sufficient inventory, either by CONTRACTOR’s on-site or off-site stock in its own warehouse, which must be within a thirty minute driving distance from the on-site store location. j) CONTRACTOR shall furnish at least ninety (90%) percent of CITY’s parts requirements on demand and the balance (10%) of CITY’s parts requirements within three (3) business days of request. CONTRACTOR shall provide CITY with cost information pertaining to the items provided to the CITY’s inventory and comprehensive activity reports from its computer database on a requested basis, as defined by the CITY and reasonably capable of being generated by CONTRACTOR’s system. The frequency of these reports will be as determined by the CITY. 16 City of Palo Alto General Services Agreement Rev. April 27, 2016 k) CONTRACTOR and CITY shall jointly inventory the CITY’s present parts stock and supplies. Subject to the terms herein, CONTRACTOR shall purchase from CITY all stocked parts and supplies. Any such CITY owned inventory purchased by CONTRACTOR must be new, saleable, complete, and currently needed by CITY’s active fleet/equipment and must have been used by the CITY within the twelve (12) month period immediately prior to the purchase date. The CITY will be paid based on the CITY’s inventoried costs. The CITY represents and warrants to CONTRACTOR that the CITY has title to such inventory free of all liens and encumbrances. Full payment for this inventory shall be made by CONTRACTOR within (30) days of inventory completion, and within the (60) days given CONTRACTOR to integrate and establish their parts operations program. CONTRACTOR then shall resell these items to the CITY as needed under the terms and conditions of this Agreement. l) CONTRACTOR shall at all times maintain current Material Safety Data Sheets (MSDS) for all chemical products purchased, and/or housed in the on-site store. MSDS binder(s) will be in a location available to all CITY staff. m) CONTRACTOR shall provide parts that are equal to original equipment parts, supplies and equipment. All parts and components must meet OEM and the Society of Automotive Engineers specifications. CONTRACTOR will be required to supply OEM replacement parts upon request in lieu of aftermarket replacement parts. n) CONTRACTOR shall not issue parts or supplies to CITY employees without a proper work order requisition. CONTRACTOR shall provide a receipt containing specific information with items delivered to CITY employees for each work order requisition. This receipt shall contain specific tracking information, i.e., equipment number, reference number, work order number, receiving employee name, parts quantities, part number and alpha description, price detail and any other data deemed necessary for effective tracking and accounting. o) CONTRACTOR shall evaluate the usage history of the CITY’s current inventory of parts and supplies prior to on-site parts store becoming operational, and therefore on a monthly basis to identify those items that should be removed from stock, added to stock, or remain in stock. CITY shall be notified a minimum of five working days in advance prior to parts being removed from inventory. p) CONTRACTOR shall maintain warranty records of items sold to CITY and issue any credits including labor (based on CITY’s current labor rate) and parts, due to CITY that are covered under these warranties. 17 City of Palo Alto General Services Agreement Rev. April 27, 2016 q) CONTRACTOR shall pass through to CITY all available full manufacturers warranties and guarantees of merchantability. r) CONTRACTOR shall use current industry standards or better computer hardware and software to control and report on its operations and shall input all parts used into CITY’S Fleet Management Software. CONTRACTOR’s software control system shall interface with the CITY’s computer tracking system. Any unanticipated costs incurred in such integration shall be subject to mutual agreement between CONTRACTOR and the CITY. s) CONTRACTOR shall manage all inventory transactions through the CITY’S Fleet Management inventory management system provided by AssetWorks. CONTRACTOR shall provide sufficiently trained, knowledgeable and service oriented personnel to efficiently and effectively operate the total parts function as detailed, including parts research requested by CITY staff. t) CONTRACTOR will be responsible for any changes to the physical layout of capital improvements of the parts room/storage areas, including security. All modifications shall be approved by the CITY’s Fleet Management and Facilities Management staff. Upon termination of this Agreement, within a reasonable time, CONTRACTOR may be required to restore the on-site parts operation to such condition as existed prior to installation of the inventory and to repair and to restore any damage caused by the repossession, ordinary wear and tear excepted. u) CONTRACTOR shall provide all necessary equipment required to successfully operate the on-site parts store, for instance, printers, office machines, phone, file cabinets, computers, software and other equipment as needed, including phone and data lines. CONTRACTOR shall provide computer ordering and cataloging for the on-site store. v) CONTRACTOR shall provide all manufacturers’ temporary/seasonal special pricing discounts directly to the CITY on the condition that such temporary/seasonal special pricing discounts: (i) are made known to CONTRACTOR by the applicable manufacturer or supplier and (ii) meet the supply chain goals mutually agreed upon between the CITY and CONTRACTOR, even if such discounts result in pricing less than the then current CITY purchase price. w) CONTRACTOR shall maintain security of information in order to safeguard confidentiality of undercover law enforcement vehicles, to include the special equipment inside these vehicles. Security is defined as prohibition on idle discussion about these vehicles, prohibition on tampering with these vehicles or 18 City of Palo Alto General Services Agreement Rev. April 27, 2016 their equipment and vehicle documentation remaining on CITY premises and secured at all times. 2. DUTIES AND RESPONSIBILITIES OF CITY. CITY shall have the following duties and responsibilities during the term of this Agreement: a) The CITY shall provide, at its sole expense, usable space for CONTRACTOR’s on- site store and the inventory. The CITY shall provide access to restroom facilities for CONTRACTOR employees. Further, the CITY shall furnish at its sole expense, all utilities for the on-site store including water, sanitation, sewer, light, telephone, heat, gas, electricity, power and all other utilities and services rendered or delivered to the on-site store. The CITY shall provide CONTRACTOR a safe work environment that is free from hostility, violence, and discrimination. CONTRACTOR reserves the right to terminate the contract immediately should CONTRACTOR encounter a hostile, violent, discriminatory, or unsafe work environment. b) CITY shall, at all times during the term of this Agreement, at CITY’s sole expense, maintain in good condition and repair (so as to prevent any damage or injury to CONTRACTOR’s employees, the inventory or other personal property located in the on-site store) the roof, exterior walls, foundation, and structural portions of the on-site store and all portions of the electrical and plumbing systems lying outside of the on-site store but serving the on-site store. c) CITY intends to use CONTRACTOR as its Primary Supplier, which means that the CITY shall purchase at least ninety percent (90%) of its inventory needs from CONTRACTOR. CITY reserves the right to purchase any item outside this Agreement where it is determined to be more economical or timely so long as the purchase of aforesaid part or parts does not result in CONTRACTOR no longer being CITY’s Primary Supplier in which case CONTRACTOR may terminate this Agreement. d) CITY shall provide information regarding fleet changes to CONTRACTOR as soon as possible. Fleet changes include but are not limited to the removal of types of vehicles from the fleet and the addition of new vehicles to the fleet. 3. ALTERNATIVE SUPPLIERS. The on-site store may be serviced by a NAPA Owned Store, or a NAPA Jobber. CITY acknowledges that whether it will be serviced by a NAPA Owned Store or a NAPA Jobber will be determined by CONTRACTOR, in its sole discretion, and if the CITY is to be serviced by a NAPA Jobber, then such NAPA Jobber must evidence its desire to abide by the terms of this Agreement by entering into an Assignment in the form of Exhibit E hereto. 19 City of Palo Alto General Services Agreement Rev. April 27, 2016 4. PERSONNEL. CONTRACTOR and CITY shall attempt in good faith to mutually agree upon the identity of the persons that will be selected to staff the on-site store. In the event that the CITY for any reason wishes to remove or replace any of the NAPA personnel in the on-site store, the parties will attempt to resolve CITY’s request by mutual agreement. If a CONTRACTOR employee has violated any CITY workplace policy provided to CONTRACTOR in writing, or has violated any applicable laws while on CITY’s premises, CONTRACTOR agrees to comply with CITY’s request to reassign from CITY duty, such CONTRACTOR employee. In all other cases where CITY wishes to remove or replace any of CONTRACTOR’s personnel in the on-site parts operation, CONTRACTOR and CITY will attempt to resolve the CITY’s request by mutual agreement. If CONTRACTOR and CITY fail to mutually resolve a personnel issue after good faith attempt to do so, CONTRACTOR and the CITY agree to immediately formally remove the person determined to be ineffective from all CITY operations. 5. BUY-BACK OF INVENTORY. Upon termination, expiration, or non-renewal of the contract, NAPA shall have the option to require CITY to purchase all non-NAPA branded inventory owned by NAPA and located in the on-site store(s) at NAPA’s current acquisition cost, and CITY shall have the option to purchase all NAPA branded inventory, owned by NAPA and located in the on-site store(s) at NAPA’s current acquisition cost. At the conclusion of the first six month period of this contract, NAPA and CITY will enter into good faith negotiations for the purpose of mutually agreeing upon a cap on the amount of non-NAPA branded inventory that the CITY may be required to purchase at contract termination, expiration or non-renewal in accordance with the above terms. The mutually agreed upon cap amount will be memorialized by an amendment to this contract executed by both parties. Quarterly, NAPA shall provide CITY with a listing of all NAPA and non-NAPA branded inventory owned by NAPA and located in the on-site store(s), together with the current acquisition cost of such inventory. In the event that CITY becomes aware that funds in fact are not available under the Fleet parts budget, CITY shall promptly notify NAPA of such occurrence. CITY’s Public Works Department staff agrees to use its best efforts to have all monies owed to NAPA appropriated, including, but not limited to, at the termination, expiration or non- renewal of the Agreement, the amount of money to purchase all non-NAPA branded inventory. 20 City of Palo Alto General Services Agreement Rev. April 27, 2016 EXHIBIT B SCHEDULE OF PERFORMANCE CONTRACTOR shall perform the Services according to the following schedule: Contractor shall provide an on-site fleet parts and inventory program in accordance with the timeline defined in the final scope (Exhibit “A”). Contractor will inventory City’s present parts stock and supplies, and within 30 days of inventory completion provide payment to City for all parts/supplies purchased, making full payment no later than 60 days from contract award. Contractor will be fully established and able to provide the services in their entirety as described in the final scope (Exhibit “A”) within 60 days of contract award. 21 City of Palo Alto General Services Agreement Rev. April 27, 2016 EXHIBIT C SCHEDULE OF FEES Compensation based upon fee schedule CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. The City agrees to compensate the Contractor for professional services and goods in accordance with the terms and conditions of this Agreement described in Section 7 (Invoicing). PRICING PLAN The overall goal of the CITY’s pricing plan is to achieve a ten percent (10%) net profit for CONTRACTOR (the “Net Profit Target”) by adjusting the pricing of two elements: a) Product Costs. The pricing of the inventory to be supplied to the CITY by CONTRACTOR pursuant to this Agreement. Product costs shall be further divided into “NAPA Product Costs”, which is the pricing of NAPA supplier manufactured products, and “Non-NAPA Product Costs”, which is the pricing of products which have not been manufactured by NAPA suppliers but which have been acquired for CITY by NAPA pursuant to this Agreement. b) Operational Costs. Any and all costs and expenses associated with the operation of the on-site store, including, but not limited to, salary and benefits payable to NAPA employee at the on-site store, workers compensation benefits and insurance, unemployment insurance, personal property insurance for on-site store and inventory, any deductible for losses covered under the personal property, or general liability policies of NAPA and all equipment supplied by NAPA. PRICING PLAN SUMMARY NAPA Product Costs: Billed to CITY at a 10% gross profit rate (gross profit is store acquisition cost divided by .90) Non-NAPA Product Costs: Billed to CITY at a 10% gross profit rate (gross profit is acquisition cost divided by .90) 22 City of Palo Alto General Services Agreement Rev. April 27, 2016 Operational Costs: Billed to CITY at cost Net Profit Target: 10% net profit for NAPA Both NAPA Product Costs and Non-NAPA Product Costs shall be set by NAPA to yield a gross profit of ten percent (10%). Operational Costs will be charged to CITY at cost, with all such charges for Operational Costs to be included in CITY’s monthly billing statement. CITY will be billed at the end of each month for operational costs on an “in arrears” basis. CITY and CONTRACTOR mutually agree that the CITY’s maximum payment obligation pursuant to this profit guarantee shall be set at $816,307 for the first year; and CITY has encumbered such amount to cover this potential liability. The parties agree to mutually work together to adjust the amount if such amount must be increased during the term of the Agreement. In addition, CONTRACTOR may use any sub-contractor for the procurement of “outside” purchases or services (i.e. those parts or services not traditionally stocked or performed by NAPA), and CITY will be billed an additional charge for any such purchases so as to yield CONTRACTOR a ten percent (10%) gross profit on such purchases. CITY must provide pre-approval in writing of such outside purchases. All requests for payment of expenses shall be accompanied by appropriate documentation/invoices. Additional Services Additional Services must be authorized prior to commencement of services by Danitra Bahlman, Project Manager, or as described in Exhibit “A”. 23 City of Palo Alto General Services Agreement Rev. April 27, 2016 EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY) 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 YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO 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: CONTRACTORSHALL 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. CONTRACTOR WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE CITY AT LEAST THIRTY (30) DAYS WRITTEN NOTICE PRIOR TO ANY CANCELLATION OR MATERIAL CHANGE IN COVERAGE OR LIMITS IN THE REQUIRED POLICIES SET FORTH IN THIS EXHIBIT ; 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, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO 24 City of Palo Alto General Services Agreement Rev. April 27, 2016 “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 TO THE EXTENT OF CONTRACTOR’S INDEMNIFICATION OBLIGATIONS HEREIN. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONTRACTOR SHALL USE COMMERCIALLY REASONABLE EFFORTS TO 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 CONTRACTOR SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE EMAILED TO: InsuranceCerts@CityofPaloAlto.org PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 25 City of Palo Alto General Services Agreement Rev. April 27, 2016 EXHIBIT E ASSIGNMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, GENUINE PARTS COMPANY, a Georgia corporation (hereinafter “Assignor”), hereby assigns, transfers, sets over and delivers to [JOBBER/POP], a (hereinafter “Assignee”), all of Assignor’s rights, obligations and interest, including any options to renew or extend the contract term, in those certain location(s) as set forth below, as governed by the Integrated Supply Agreement dated by and between Genuine Parts Company and [CUSTOMER] (the “Integrated Supply Agreement”). Location(s): Assignee hereby accepts the assignment of the Integrated Supply Agreement, agrees to provide the services and perform all other obligations required to be performed by “NAPA” in said Integrated Supply Agreement at the times and in the manner set forth in said Integrated Supply Agreement, and shall be bound by all other terms, covenants and conditions of said Integrated Supply Agreement with regard to the location(s) set forth above, all with the same force and effect as if Assignee were originally named as “NAPA” therein. [CUSTOMER] hereby consents to the above assignment of the Integrated Supply Agreement on the terms set forth herein. The parties hereto agree that the assignment as set forth herein shall be effective as of midnight on . IN WITNESS WHEREOF, the undersigned have set their hands this day of , 20 . ASSIGNOR: ASSIGNEE: GENUINE PARTS COMPANY [JOBBER/POP] By: By: Name: Name: Its: Its: Agreed and acknowledged: [CUSTOMER] 26 City of Palo Alto General Services Agreement Rev. April 27, 2016 EXHIBIT F NJPA CONTRACT 27 City of Palo Alto General Services Agreement Rev. April 27, 2016 Attachement B Attachment C Estimated Operating Expenses Monthly Annual Monthly Annual Monthly Annual Projection Performa Performa Performa Performa Performa Performa Year 1 Year 1 Year 2 Year 2 Year 3 Year 3 PURCHASES 44,821 537,852 47,062 564,744 49,415 592,980 Estimated Parts Bill For Customer Less Cost of Sales 40,339 484,068 42,355 508,260 44,472 533,664 Sales Less Cost 0 0 0 0 0 0 Less Handling Chrg 0 0 0 0 0 0 GROSS MARGIN 4,482 53,784 4,706 56,472 4,941 59,292 Advertising 0 0 0 0 0 0 Net Salaries 0 0 0 0 0 0 Travel 0 0 0 0 0 0 Sales - Misc.0 0 0 0 0 0 G.M. Travel 0 0 0 0 0 0 TOTAL SALES EXP.0 0 0 0 0 0 SALARIES - EXEC.448 5,376 470 5,640 493 5,916 PAYROLL - Acct. 453 5,436 475 5,700 498 5,976 Fixed Expense @ 1.01% of sales, Accounting & Data Processing Fee -General Office 221 2,652 232 2,784 244 2,928 Fixed Expense @ .49% of sales -Counter - J. S.8,867 106,404 9,310 111,720 9,776 117,312 1 Store Manager, 1 parts clerk -Delivery 0 0 0 0 0 0 TOTAL PAYROLL 9,541 114,492 10,018 120,216 10,518 126,216 Total Payroll Bad Debts 0 0 0 0 0 0 data proc 0 0 0 0 0 0 Delivery - Ins 0 0 0 0 0 0 Delivery Trucks, Insurance Premium Maintenance 0 0 0 0 0 0 Vehicle Repairs, Fuel Truck Deprec.0 0 0 0 0 0 Delivery Trucks with a Lease/Depreciation Payment Dep- F. & F.0 0 0 0 0 0 Empl. Ben. - Pen.450 5,400 472 5,664 496 5,952 Fixed Expense @ 1% of sales -Other 1,020 12,240 1,071 12,852 1,125 13,500 Mainly Group Insurance Premiums Freight & Postage 200 2,400 210 2,520 221 2,652 Freight Charges Incurred by this Operation. Insurance 900 10,800 945 11,340 992 11,904 Insurance - General and Worker's Comp Interest 0 0 0 0 0 0 Legal & Pro.0 0 0 0 0 0 L.H.&W.0 0 0 0 0 0 Rent 0 0 0 0 0 0 Sta. & Shipping 0 0 0 0 0 0 Stationary / Shipping Supplies Stock Loss 0 0 0 0 0 0 Restocking Charges for OE Parts Store 0 0 0 0 0 0 Misc. Store Expenses (Fax Machine, Fax Paper, Printer Ribbons etc.) Taxes (Not Income)1,020 12,240 1,071 12,852 1,125 13,500 Payroll Taxes for Employee's @ this Location Telephone 0 0 0 0 0 0 Travel (Not Sales)0 0 0 0 0 0 Tams 1,050 12,600 1,102 13,224 1,157 13,884 1 TAMS Computer & Equipment Lease/Depreciation Expense, Maint./Support Fee's & Tams Misc. Expenses Training 0 0 0 0 0 0 Training Materials for NAPA Employee's TOTAL MISC. EXP.4,640 55,680 4,872 58,464 5,116 61,392 Executive Fees 0 0 0 0 0 0 TOTAL EXPENSES 14,629 175,548 15,360 184,320 16,128 193,536 Operating Income -10,147 -121,764 -10,654 -127,848 -11,186 -134,232 Misc. Inc: Disc.(net)0 0 0 0 0 0 Others 14,228 170,736 14,939 179,268 15,686 188,232 Estimated expense billing from NAPA to City of Palo Alto NAPA ROI 4,482 53,784 4,706 56,474 4,941 59,292 NAPA's Net ROI before taxes Year 2 Projection 5% Consumer Price Index Increase Cap Year 3 Projection 5% Consumer Price Index Increase Cap Freight charges may vary based on fleet requests Freight charges may vary based on fleet requests Location: Palo Alto Attachment D Location: Palo Alto Estimated Operating Expenses Annual Annual Annual Projection Performa Performa Performa Year 1 Year 2 Year 3 PURCHASES 537,852 564,744 592,980 Estimated Parts Bill For Customer Less Cost of Sales 484,068 508,260 533,664 Sales Less Cost 0 0 0 Less Handling Chrg 0 0 0 GROSS MARGIN 53,784 56,472 59,292 Advertising 0 0 0 Net Salaries 0 0 0 Travel 0 0 0 Sales - Misc.0 0 0 G.M. Travel 0 0 0 TOTAL SALES EXP.0 0 0 SALARIES - EXEC.5,376 5,640 5,916 PAYROLL - Acct. 5,436 5,700 5,976 Fixed Expense @ 1.01% of sales, Accounting & Data Processing Fee -General Office 2,652 2,784 2,928 Fixed Expense @ .49% of sales -Counter - J. S.106,404 111,720 117,312 1 Store Manager, 1 parts clerk -Delivery 0 0 0 TOTAL PAYROLL 114,492 120,216 126,216 Total Payroll Bad Debts 0 0 0 data proc 0 0 0 Delivery - Ins 0 0 0 Delivery Trucks, Insurance Premium Maintenance 0 0 0 Vehicle Repairs, Fuel Truck Deprec.0 0 0 Delivery Trucks with a Lease/Depreciation Payment Dep- F. & F.0 0 0 Empl. Ben. - Pen.5,400 5,664 5,952 Fixed Expense @ 1% of sales -Other 12,240 12,852 13,500 Mainly Group Insurance Premiums Freight & Postage 2,400 2,520 2,652 Freight Charges Incurred by this Operation. Insurance 10,800 11,340 11,904 Insurance - General and Worker's Comp Interest 0 0 0 Legal & Pro.0 0 0 L.H.&W.0 0 0 Rent 0 0 0 Sta. & Shipping 0 0 0 Stationary / Shipping Supplies Stock Loss 0 0 0 Restocking Charges for OE Parts Store 0 0 0 Misc. Store Expenses (Fax Machine, Fax Paper, Printer Ribbons etc.) Taxes (Not Income)12,240 12,852 13,500 Payroll Taxes for Employee's @ this Location Telephone 0 0 0 Travel (Not Sales)0 0 0 Tams 12,600 13,224 13,884 1 TAMS Computer & Equipment Lease/Depreciation Expense, Maint./Support Fee's & Tams Misc. Expenses Training 0 0 0 Training Materials for NAPA Employee's TOTAL MISC. EXP.55,680 58,464 61,392 Executive Fees 0 0 0 TOTAL EXPENSES 175,548 184,320 193,536 Operating Income -121,764 -127,848 -134,232 Misc. Inc: Disc.(net)0 0 0 Others 175,548 184,320 193,536 Estimated expense billing from NAPA to City of Palo Alto NAPA ROI 53,784 56,474 59,292 NAPA's Net ROI before taxes City of Palo Alto (ID # 7002) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Underground District No. 47 - Loan Option for Conversion Costs Title: Adoption of a Resolution Determining Underground Utility District Number 47 Property Owners who Elect to pay Underground Conversion Costs Over a Period of Years From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council: Approve a Resolution (Attachment A) determining Underground Utility District 47 properties electing to pay costs over a period of years, determining and classifying unpaid assessments, and funding loans to property owners from the Reserve for Underground Connections. Background At the meeting of January 14, 2013, Council adopted Ordinance No. 5180 creating Underground Utility District No. 47 encompassing the area bounded by Homer Avenue, Cowper Street, Addison Avenue, and Middlefield Road. The ordinance provided notice that any property owner located within the district had the option of paying the cost of service conversion over a period of ten years, with interest. A total of 6 of the 82 property owners in the district selected the deferred payment plan. This report was prepared in order to proceed with assessment of six (6) properties and the funding of the deferred costs of the underground conversions. Discussion The total estimated conversion cost for the six property owners who have chosen the deferred payment plan is $30,236. Property owners shall receive loans for the actual conversion costs. The remaining property owners chose to be responsible for their own financial arrangements. Assessments will be secured by liens on each property for the ten-year term of the loan. Repayment to the City will be made through the owner’s property tax bills. Interest rates were established as specified in section 12.16.096 of the Palo Alto Municipal Code. Using this rate guideline the interest rate for the Underground Utility District No. 47 loans will be 4.35 percent. City of Palo Alto Page 2 A loan processing fee of $208 is added to each assessment. Resource Impact On August 21, 1984, Council approved the funding of individual electric connections from the Electric System Improvement Reserve, thereby establishing the Reserve for Underground Connections. As of June 30, 2015, the balance in the Reserve for Underground Connections was $730,000. Policy Implications This recommendation is consistent with the Council approved Utilities Strategic Objective BP3 - Replace infrastructure before the end of its useful life. Environmental Review The undergrounding project, and the associated adoption of the Resolution referenced in this report is categorically exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 15302(d) (conversion of overhead electric utility distribution system facilities underground). Attachments: Attachment A: Resolution - Underground District 47 Loan Option (PDF) Attachment B: Underground District 47 Boundary Map (PDF) Not Yet Approved 160714 jb 018/Mullan/01-0016B 1 Resolution No. _____ Resolution of the Council of the City of Palo Alto Determining Underground Utility District No. 47 Property Owners Who Elect to Pay Underground Conversion Costs Over a Period of Years, Determining and Classifying Unpaid Assessments, and Funding Loans to Property Owners from the Electric Reserve for Underground Connections The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council of the City of Palo Alto amended Section 12.16.020 of Chapter 12.16 of Title 12 of the Palo Alto Municipal Code by establishing Underground Utility District No. 47 on January 14, 2013, by adopting Ordinance No. 5180. SECTION 2. The owners of certain properties have exercised the option offered in said Ordinance and in Section 12.16.092 of said Code, to pay the cost over a period of years with such obligation secured by special assessments. A list of the properties owned by persons who have exercised the option to pay the costs of converting their electric service connection to underground locations over the period of ten (10) years as indicated thereon is attached hereto as Exhibit "A" and hereby made a part hereof. SECTION 3. It appears to this Council that in its proceedings under and pursuant to Resolution of Intention to form said District, being Resolution No.9285, adopted on September 10, 2012, the assessments proposed to be levied should be made to mature over a period of ten (10) years. SECTION 4. The public convenience and necessity required that the proceedings heretofore taken with respect to said underground utility districts being changed and modified to provide that the rate of interest to be paid by said owners of said properties shall be three quarters of one percent (3/4 of 1%) in excess of the rate shown in the New York Bond Buyer Index of Municipal Bond Average Yields for 20 bonds for the week next preceding the day on which the Underground Districts were formed. SECTION 5. The assessments now remaining unpaid are as shown on Exhibit "A" attached hereto and by this reference made a part hereof, and that the aggregate amount thereof is $30,235.61. This Council hereby determines that the owners of the properties shown on Exhibit "A" hereto have elected to pay the cost of converting electric service connections to underground locations over the period of ten (10) years and that said costs shall represent the unpaid assessments in these proceedings. SECTION 6. The City shall advance all loans to assessed property owners from available funds, and shall succeed to all rights under the assessment and to all rights which would have accrued if bonds had been issued as provided in Section 13.04.170(i) of Chapter 13.04 of Title 13 of the Palo Alto ATTACHMENT A Not Yet Approved 160714 jb 018/Mullan/01-0016B 2 Municipal Code. Loans for the Underground District will be funded to the assessed property owners from the Electric Reserve for Underground Connections. The total estimated principal amount to be funded by this Reserve will be $30,235.61 pending any changes in actual moneys loaned. The principal plus interest and loan processing fee shall be amortized and repaid through the owner's property taxes for a period of ten (10) years. The loans shall bear interest from the latest of the date of completion and energizing of underground electrical facilities, or the date of disbursement of the loan. The rate of interest will be 4.35 percent. Principal payments will be refunded to the Reserve for Underground Service Connections and interest will be added to the Electric Rate Stabilization Reserve. SECTION 7. A fee of $208.00 is added to the principal amount of each loan for loan processing. INTRODUCED AND PASSED AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: __________________________________ _________________________________ City Clerk Mayor _________________________________ Approved As To Form: City Manger __________________________________ _________________________________ Senior Asst. City Attorney Director of Utilities _________________________________ Director of Administrative Services Not Yet Approved EXHIBIT A List of Property Owners Property Owners (s) Parcel No. Address Loan Amount Edith Rudesin (Property Manager) 120-04-077 525 Homer Ave $5,880.99 Nancy Fritz 120-04-078 517 Homer Ave $3,874.75 Stephanie Chapple 120-04-075 559-563 Homer Ave $5,334.18 Stephanie Chapple 120-04-075 559-563 Homer Ave $5,334.18 120-05-070 519-521 Addison Ave $4,267.18 Franklin Trust 120-06-002 510-520 Addison Ave $5,293.75 Walter Foley 120-04-079 505-507 Homer Ave $5,584.76 Total $30,235.61 AT T A C H M E N T B City of Palo Alto (ID # 7054) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Resolution Implementing Stage 1 of Water Shortage Plan Title: Adoption of a Resolution Implementing Water Use Restrictions in Stage 1 of the City's 2015 Water Shortage Contingency Plan and Repealing Resolution Number 9509 From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council adopt a resolution (Attachment A) to implement the actions in Stage I of the City of Palo Alto’s 2015 Water Shortage Contingency Plan, and repeal Resolution 9509, which implemented, in May 2015, Stage II of the City’s Water Shortage Contingency Plan. Executive Summary In response to the 2015 drought conditions and state-mandated 24% potable water use reduction target for the City, Council adopted Resolution 9509 on May 11, 2015, implementing water use restrictions in Stage II of the City’s Water Shortage Contingency Plan (Plan). After a more robust winter of precipitation, on March 18, 2016 the State Water Resources Control Board (SWRCB) replaced the state-determined mandatory water use reduction targets with a self-certification process designed to take into account local water supply conditions. The SWRCB’s water use reduction target yields a 0% mandatory reduction for San Francisco Public Utilities Commission (SFPUC) customers. The SWRCB’s May 2016 action also includes several specific regulations regarding water use, most of which are already included in City’s permanent water use restrictions. The regulation is in effect at least until January 31, 2017. Although the City is not expected to be subject to a state-mandated water use reduction target for the remainder of 2016, and the SFPUC has not declared a water shortage, SFPUC is asking for a voluntary 10% water use reduction, which is commensurate with Stage I actions in the City’s Water Shortage Contingency Plan. The proposed resolution rescinds Resolution 9509, which in May 2015 implemented all water use restrictions in Stage II of the City’s Plan in response to a prior SWRCB emergency regulation, and instead implements the actions in Stage I of the City’s 2015 Plan. City of Palo Alto Page 2 Background On April 1, 2015, the Governor issued Executive Order B-29-15 directing the SWRCB to develop regulations regarding water use, including a mandatory 25% reduction of urban potable water use for the State. On May 5, 2015, the SWRCB adopted Resolution No. 2015-0032 mandating potable water use reductions for all water suppliers in California and implementing a number of water use restrictions. The City of Palo Alto was issued a 24% mandatory potable water use reduction compared to calendar year 2013 usage, and on May 11, 2015, City Council adopted Resolution 9509 (Attachment B) amending the City’s 2010 Urban Water Management Plan and implementing all water use restrictions in Stage II of the City’s Water Shortage Contingency Plan (Plan). On November 13, 2015, the Governor issued Executive Order B-36-15 directing the SWRCB to extend restrictions to achieve a statewide reduction in potable usage until October 31, 2016, if drought conditions persisted through January 2016. From June 1, 2015, through the end of May 2016, the City reduced potable water use by more than 30% compared to 2013 usage. Reductions were achieved by implanting all action in Stage II of the City’s plan as adopted in Resolution 9509. In response to lessening drought conditions and recognizing the differences between the state’s varied water supply sources, on May 9, 2016, the Governor issued Executive Order B37- 16 directing the SWRCB to adjust and extend its emergency water conservation regulations through the end of January 2017. On May 18, 2016, the SWRCB adopted Resolution 2016-0029 to modify and extend the emergency regulations, including a self-certification process whereby water agencies calculate a water reduction target using historical water supply data and 3 years of projected water supply shortages. Applying the state’s methodology yields a 0% water reduction target for the SFPUC’s Regional Water Supply system. Because the SFPUC deploys a rigorous drought planning process, SFPUC is requesting that its customers voluntarily reduce potable water use by 10% compared to 2013. The SFPUC has not declared a water shortage emergency nor imposed mandatory cutbacks upon Palo Alto or any of SFPUC’s wholesale customers. Discussion On May 16, 2016, City Council adopted Resolution 9589, approving the 2015 Urban Water Management Plan which included a revised Water Shortage Contingency Plan and an ordinance (effective July 7, 2016) expanding the permanent water use restrictions in Palo Alto Municipal Code 12.32.010. A 10% voluntary water use reduction is commensurate with the actions in Stage I of the City’s Plan, which includes all permanent water use restrictions, but adds no additional restrictions. Water Use Restrictions in the City’s 2015 UWMP The City’s 2015 UWMP contains four water shortage stages that are summarized below. City of Palo Alto Page 3 Stage I (5% to 10% supply reductions) calls for a low level of informational outreach and enforcement of the permanent water use ordinances. Stage II (10% to 20%) there will be a stepped up outreach effort and the adoption of some additional water use restrictions. Drought rate schedules may be implemented. Stage III (20% to 35%) calls for increased outreach activities and additional emergency water use restrictions. Drought rates in each block would increase from those in Stage II. Fines and penalties would be applied to users in violation of water usage restrictions. In some cases, water flow restriction devices would be installed on customers’ meters. Stage IV (35% to 50%) requires very close management of the available water supplies. Allocations of water for each customer will be introduced. Informational outreach activities would be operating at a very high level. Severe water use restrictions and a restrictive penalty schedule would be implemented. Per the proposed resolution, all elements of Stage I of the Plan will be implemented. Stage I includes only those restrictions in PAMC 12.32.010. Permanent Water Use Restrictions in Palo Alto Municipal Code Section 12.32.010: 1. Flooding or runoff of potable water into gutters, driveways, sidewalks, streets or other non-landscaped areas is prohibited. 2. An operating shut-off valve is required for hoses used to wash cars, boats, trailers, buses or other vehicles, or to wash sidewalks, building structures, other hard-surfaced areas or parts thereof. Use of a hose for such purposes should be avoided whenever possible. 3. Potable water for consolidation of backfill and other nondomestic uses in construction shall not be used if other water sources, such as reclaimed water, are available, as determined by the Director of Utilities or his or her designee. Applicants for hydrant permits from the city of Palo Alto shall be deemed to have consented to restrictions on water use which may be imposed by the Director of Utilities or his or her designee. 4. Any broken or defective plumbing, sprinklers, watering or irrigation systems which permit the escape or leakage of water shall be repaired or replaced as soon as possible, but no later than the date established by the Director of Utilities, or his or her designee, as reasonable after observation of the broken or defective system. 5. Ornamental landscape1 or turf irrigation with potable water shall not be allowed between 10:00 a.m. and 6:00 p.m., except via hand watering with a bucket or a hose with an operating shut-off valve. 6. The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system. 7. The use of potable water for street sweepers/washers is prohibited if non-potable water is available, as determined by the Director of Utilities, or his or her designee. 8. Commercial car washes must use recycled water systems, if economically feasible. 1 “Ornamental landscapes” serve purely decorative purposes, and are distinguished from trees, edible gardens or landscapes that provide more than a purely aesthetic function. City of Palo Alto Page 4 The SWRCB regulation prohibits a number a water uses, most of which are already included in Chapter 12.32.010 of City’s municipal code. Some of the State restrictions in California Code of Regulations Title 23, Section 864, however, are not included in the City’s permanent municipal code restrictions. These include the following actions which are prohibited except where necessary to address an immediate healthy and safety need or to comply with a term or condition in a permit issued by a state or federal agency: 1. Application of potable water to driveways and sidewalks. 2. Application of potable water to outdoor landscapes during and within 48 hours after a measurable rainfall. 3. The serving of drinking water other than upon request in eating or drinking establishments or places where food and drink are served and/or purchased. 4. Irrigation with potable water of ornamental turf on public street medians. 5. Irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with state and local building codes. Lastly, the State restrictions require hotels and motels to provide guests with the option of not having towels and linens laundered daily. A comparison of the SWRCB emergency regulations prohibiting certain water uses and the City’s existing Municipal Code restrictions is provided in Table 1. Table 1: SWRCB Emergency Regulations and the City’s Permanent Water Use Regulations Prohibitions in May 18, 2016 SWRCB Emergency Regulations2 City of Palo Alto’s Permanent Water Use Regulations3 Section 864 (a)(1): The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non- irrigated areas, private and public walkways, roadways, parking lots, or structures PAMC Section 12.32.010(a): Potable water shall not be allowed to flood or run off into gutters: driveways, sidewalks, streets or other un-landscaped areas. Section 864 (a)(2): The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use PAMC Section 12.32.010(b): No use of water by means of a hose to wash cars, boats, trailers, buses or other vehicles or to wash sidewalks, building structures, other hard-surfaced areas or parts thereof without an operating automatic shut-off valve. Use of a hose for such purposes should be avoided whenever possible. Section 864 (a)(3): The application of potable water to driveways and sidewalks, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency. Not included in municipal code; but locally enforceable at City’s discretion. 2 Section 864 (a) (1) – (8) includes an exceptions when necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency. 3 City Council adopted an Ordinance on May 16, 2016 expanding the permanent water use restrictions. The ordinance is effective July 7, 2016. City of Palo Alto Page 5 Prohibitions in May 18, 2016 SWRCB Emergency Regulations2 City of Palo Alto’s Permanent Water Use Regulations3 Section 864 (a)(4): The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system. PAMC Section 12.32.010(f): The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system. Section 864 (a)(5): The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall. Not included in municipal code; but locally enforceable at City’s discretion. Section 864 (a)(6): The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, bars, or other public places where food or drink are served and/or purchased. Not included in municipal code; but locally enforceable at City’s discretion. Section 864 (a) (7): The irrigation with potable water of ornamental turf on public street medians. The City of Palo Alto complies. Section 864 (a) (8): The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. The City of Palo Alto complies. Section 864 (b): To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall promptly display notice of this option in each guestroom using clear and easily understood language. Not included in municipal code; but locally enforceable at City’s discretion. PAMC Section 12.32.010(e): The irrigation of turf or ornamental landscapes, which serve purely decorative purposes, and are distinguished from trees, edible gardens or landscapes that provide more than a purely aesthetic function, with potable water shall not be allowed between 10:00 a.m. and 6:00 p.m., except via hand watering with a bucket or a hose with an operating shut-off valve. PAMC Section 12.32.010(g): The use of potable water for street sweepers and washers is prohibited if non-potable water is available, as determined by the Director of Utilities, or his or her designee. PAMC Section 12.32.010(h): Commercial car washed must use recycled water systems, if recycled water is available, as determined by the Director of Utilities, or his or her designee, and economically feasible. City of Palo Alto Page 6 Prohibitions in May 18, 2016 SWRCB Emergency Regulations2 City of Palo Alto’s Permanent Water Use Regulations3 865 (d)(1): Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end-users exclusive control. Currently part of regular City operations Reporting By the 15th of each month, water suppliers are and will continue to be required to report: 1. The total volume of potable water produced in the preceeding month; 2. An estimate of the gallons of water per person per day used by residential customers; 3. The population served by the urban water supplier; 4. The percentage of water produced that is used for the residential sector; 5. Descriptive statistics on water conservation compliance and enforcement efforts; and 6. The number of days that outdoor irrigation is allowed. Enforcement Utilities staff will continue to manage enforcement of the SWRCB’s and the City’s water use restrictions using the process previously adopted by Council in Resolution 9460. Although efforts are currently focused on educating customers, a variety of enforcement options remain available for noncompliance with all of the City’s water use restrictions in the City’s Municipal Code and Utilities Rules and Regulations, including the installation of flow restrictors and termination of service. Experience with water use restriction enforcement in 2015 yielded few instances where a customer purposefully disregarded notices from the City. The following is the process used when addressing noncompliance with water use restrictions: 1st Incident: Doorhanger/Email/Phone call to customer 2nd Incident: Doorhanger/Email/Phone call to customer 3rd Incident: Certified letter from the Utility Director notifying customer of noncompliance and potential future fines 4th Incident: Fines The steps outlined above recognize that most incidents occur because customers are unaware of the prohibitions and the notification process accounts for normal occurances (i.e vacation) and provides reasonable notice and an opportunity for customers to address the problem. The ultimate goal remains reduced water waste. Timeline The May 18, 2016 SWRCB modified emergency drought regulations were effective June 1, 2016. The regulations will remain in effect for until January 31, 2017 unless the SWRCB extends or modifies the regulations due to water supply conditions. The term of the City’s Resolution will remain in effect through January 31, 2017, or as extended by the SWRCB or as long as the SFPUC 10% voluntary water use reduction request remains in effect. City of Palo Alto Page 7 Resource Impact Implementation of the 2014 emergency regulations resulted in the City hiring a part-time Water Waste Coordinator. This position will remain in place and there are existing funds within the current budget to cover the expense. Water conservation efforts reduce water sales. A drought surcharge is currently in place to compensate for lost revenue. Staff will continue to closely monitor citywide water usage and may return to Council with a request to eliminate, or modify the level of, the drought surcharge. Policy Implications The City has permanenent water use restrictions and enforcement procedures in place and has increased messaging and water conservation efforts in response to the drought conditions. The recommended action is consistent with the Utilities Strategic Plan’s objective to promote efficient use of resources. Environmental Review Council’s adoption of the proposed resolution is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines 15307 (Actions by Regulatory Agencies for Protection of Natural Resources). Attachments: Attachment A: Proposed Resolution Rescinding 9509 and Implementing Stage I Actions of the City's Water Shortage Contingency Plan (PDF) Attachment B: City of Palo Alto Resolution 9509 (PDF) Attachment C: SWRCB Resolution 2016 0029 Emergency Water Regulations (PDF) Not Yet Approved 160613 jb 6053789 1 Resolution No. _____ Resolution of the Council of the City of Palo Alto Repealing Resolution 9509 and Implementing Water Use Restrictions in Stage I of the City’s 2015 Water Shortage Contingency Plan R E C I T A L S A. On January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1- 17-2014 declaring a State of Emergency to exist in California due to severe drought conditions and calling on Californians to reduce their water usage by 20 percent. B. On April 25, 2014, the Governor issued an Executive Order to strengthen the state’s ability to manage water and directed the State Water Resources Control Board (SWRCB) under its authority in California Water Code Section 1058.5 to adopt emergency regulations as it deems necessary to address water shortage conditions. C. On April 1, 2015, the Governor issued an Executive Order that directed the SWRCB to impose restrictions on water suppliers to achieve a statewide 25 percent reduction in potable urban water usage through February 2016. D. On May 5, 2015, the State Water Resources Control Board adopted Resolution No. 2015-0032 mandating potable water use reductions for all water suppliers in California and implementing a number of water use restrictions. The City of Palo Alto (City) was issued a 24% mandatory potable water use reduction compared to calendar year 2013. E. On May 11, 2015, the City Council Adopted Resolution 9509 amending the City’s 2010 Urban Water Management Plan and implementing all water use restrictions in Stage II of the City’s Water Shortage Contingency Plan. F. On November 13, 2015, the Governor issued an Executive Order directing the SWRCB to, if drought conditions persisted through January 2016, extend until October 31, 2016, restrictions to achieve a statewide reduction in potable usage. G. On May 9, 2016, the Governor issued and Executive order directing the SWRCB to adjust and extend its emergency water conservation regulations through the end of January 2017 in recognition of the differing water supply conditions for many communities. H. On May 16, 2016, City Council adopted Resolution 9589 approving the 2015 Urban Water Management Plan, including a revised Water Shortage Contingency Plan. I. On May 16, 2016, City Council adopted an ordinance (effective July 7, 2016) expanding the permanent water use restrictions in Palo Alto Municipal Code 12.32.010. ATTACHMENT A Not Yet Approved 160613 jb 6053789 2 J. On May 18, 2016, the SWRCB modified and extended the emergency regulations in California Code of Regulations, Title 23, Sections 864, and 865. Section 864 applies to all Californians and prohibits certain activities in promotion of water conservation, many of which are already required by Palo Alto Municipal Code 12.32.010. Section 865 requires mandatory outdoor irrigation restrictions and reporting by water suppliers, including urban water suppliers like the City. K. The City receives 100% of its potable supplies from the San Francisco Public Utilities Commission (SFPUC). Under the new SWRCB regulation, SFPUC customers will have a 0% water reduction target. The SFPUC has requested a 10% voluntary water consumption reduction in response to the drought and their determination of available supplies in the regional water system. The SFPUC has not declared a water shortage emergency nor imposed mandatory cutbacks upon Palo Alto or any of SFPUC’s wholesale customers. L. The City supports the SWRCB’s efforts to encourage conservation, with an emphasis on outdoor water use, to the extent it may do so within the context of its Council- approved Urban Water Management Plan, Utility Rules and Regulations, and the Palo Alto Municipal Code. M. The City has implemented an education-based compliance plan and is working with customers, including City facilities, to comply with the SWRB water use restrictions. N. While a variety of civil and criminal enforcement procedures are available to the City to prevent the waste and unreasonable use of water, the City wishes to continue the education–based enforcement procedure established by Resolution 9460 for nonobservance of the water use restrictions referred to in Section 2 below, by directing staff to first attempt to achieve compliance via educational outreach, followed by the issuance of fines for each day of willful or repeated noncompliance. The Council of the City of Palo Alto hereby RESOLVES as follows: SECTION 1. Findings: A. Article 10, Section 2 of the California Constitution declares that waters of the State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare. B. City regulation of the time and manner of certain water use, design of rates, method of application of water for certain uses, and establishment of enforcement procedures for violations of water use restrictions are an effective and immediately available means of conserving water, and is authorized by Palo Alto Municipal Code Section 12.20.010. Not Yet Approved 160613 jb 6053789 3 C. In recognition of the recent lessening of the state’s drought conditions and the SFPUC’s request for a voluntary 10% water use reduction, the Council finds that implementation of the water use restrictions in Stage I of the City’s Water Shortage Contingency Plan is now appropriate. SECTION 2: Resolution 9509, which amended the City’s 2010 Urban Water Management Plan and implemented all water use restrictions in Stage II of the City’s Water Shortage Contingency Plan, is repealed. SECTION 3: The Stage I water use restrictions included in the City’s 2015 Water Shortage Contingency Plan, as described in the City’s 2015 Urban Water Management Plan, are in effect as of the date of this resolution. SECTION 3. Implementation of Stage I of the Water Shortage Contingency Plan will remain in effect for the 270 day period specified in SWRCB Resolution No. 2016-0029, or as extended by the SWRCB. SECTION 4. Council directs staff to further promote water conservation by continuing to notify customers if any leak is detected and preparing and submitting to the SWRCB the monitoring reports described in California Code of Regulations, Title 23, Section 865(d)(2). SECTION 5. Enforcement of the restrictions and requirements outlined in Stage I of the Water Shortage Contingency Plan shall follow the education-based process outlined in Resolution 9460. SECTION 6. Council’s adoption of this resolution is categorically exempt from CEQA under CEQA Guidelines 15307 (Actions by Regulatory Agencies for Protection of Natural Resources). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ___________________________ City Clerk Mayor Not Yet Approved 160613 jb 6053789 4 APPROVED AS TO FORM: APPROVED: ___________________________ ___________________________ Senior Deputy City Attorney City Manager ___________________________ ___________________________ Director of Utilities Director of Administrative Services Not Yet Approved 160613 jb 6053789 5 Appendix H of the City of Palo Alto’s 2015 Urban Water Management Plan WATER USE RESTRICTIONS Water use restrictions will depend on local conditions and on the length of the water shortage or drought. The City’s Water Shortage Contingency Plan identifies measures appropriate for various stages of action, based on reduction targets for each stage. Section A of this Appendix describes the City’s existing water use regulations. Section A-1 of this Appendix describes additional proposed permanent water use regulations to be adopted by City Council Ordinance. The restrictions in Section B are additional restrictions that could be applied in various stages or a drought or other water supply shortage. These staged restrictions are intended to serve as tools within the broader framework of the Urban Water Shortage Contingency Plan, to help the City reduce potable water consumption. Implementation of individual restrictions within each stage shall be carried out at the direction of the City Council, in response to its assessment of local water supply conditions, feasibility, and consumption trends. The Council may, in its discretion, opt to revise, delete or include different elements than those described below, so long as the restrictions implemented serve the overall purpose of reducing local consumption. A. Permanent Water Use Regulations (See Palo Alto Municipal Code Section 12.32.010) 1. Flooding or runoff of potable water into gutters, driveways, sidewalks, streets or other unlandscaped areas is prohibited. 2. An operating shut-off valve is required for hoses used to wash cars, boats, trailers, buses or other vehicles, or to wash sidewalks, building structures, other hard-surfaced areas or parts thereof. Use of a hose for such purposes should be avoided whenever possible. 3. Potable water for consolidation of backfill and other nondomestic uses in construction shall not be used if other water sources, such as reclaimed water, are available, as determined by the Director of Utilities or his or her designee. Applicants for hydrant permits from the city of Palo Alto shall be deemed to have consented to restrictions on water use which may be imposed by the Director of Utilities or his or her designee. 4. Any broken or defective plumbing, sprinklers, watering or irrigation systems which permit the escape or leakage of water shall be repaired or replaced as soon as possible, but no later than the date established by the Director of Utilities, or his or her designee, as reasonable after observation of the broken or defective system. A-1. Proposed Additional Water Use Restrictions, to be added to Palo Alto Municipal Code Section 12.32.010. Not Yet Approved 160613 jb 6053789 6 5. Ornamental landscape1 or turf irrigation with potable water shall not be allowed between 10:00 a.m. and 6:00 p.m., except via hand watering with a bucket or a hose with an operating shut-off valve. 6. The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system. 7. The use of potable water for street sweepers/washers is prohibited if non-potable water is available, as determined by the Director of Utilities, or his or her designee. 8. Commercial car washes must use recycled water systems, if economically feasible. B. Additional Restrictions Available for Council’s Consideration in Droughts or Other Water Supply Shortages Stage I: No additional restrictions Stage II: 1. Irrigation with potable water during and within 48 hours after a measurable rainfall, as determined by the Director of Utilities, or his or her designee, and posted on the Palo Alto website, is prohibited. 2. The irrigation of ornamental landscapes1 or turf with potable water more than three days per week is prohibited during the months of April through October.2 2. The irrigation of ornamental landscapes or turf with potable water more than one day per week is prohibited during the months of November through March. 2 3. The application of potable water to driveways and sidewalks is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency. 4. Restaurants and other food service operations shall serve water to customers only upon request. 5. Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language. Stage III: All water use restrictions for Stage II, and the following: 1. The irrigation of ornamental landscapes1 or turf with potable water more than two days per week is prohibited during the months of April through October.2 2. The filling of newly constructed pools, spas and hot tubs is prohibited. 3. Water allocations may be imposed. 4. Irrigation with potable water on golf courses is limited to putting greens and tees. Stage IV: All water use restrictions for Stages II and III, and the following: Not Yet Approved 160613 jb 6053789 7 1. No new water service connections are permitted unless the customer pays for sufficient conservation measures to be applied elsewhere in the City, to offset anticipated water use at the site to be served by the new water service, as determined by the City of Palo Alto. 2. Drought tolerant landscaping that minimizes irrigation and runoff is required at new construction sites, and non-drought tolerant landscaping is prohibited. 3. Ornamental landscape and turf irrigation with potable water is prohibited. 6. The washing of all vehicles is prohibited except for at commercial washing facility that recirculates its water or uses recycled water. 7. Sprinkler irrigation is prohibited. 1 “Ornamental landscapes” serve purely decorative purposes, and are distinguished from trees, edible gardens or landscapes that provide more than a purely aesthetic function. 2 Customers with a public or private non-residential facility containing ornamental landscapes or turf which supports a demonstrable business necessity or public benefit may apply for City approval of an alternative irrigation schedule. DocuSign Envelope ID: F1A36236-9BD9-40F2-A027-518DFC79A824 Resolution No. 9509 Resolution of the Council of the City of Palo Alto Amending the City's 2010 Urban Water Management Plan in Compliance with the State Water Resources Control Board's March 17, 2015 Emergency Water Conservation Regulations RECITALS A. On January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1- 17-2014 declaring a State of Emergency to exist in California due to severe drought conditions and calling on Californians to reduce their water usage by 20 percent. B. On April 25, 2014, the Governor issued an Executive Order to strengthen the state's ability to manage water and directed the State Water Resources Control Board (SWRCB) under its authority in California Water Code Section 1058.5 to adopt emergency regulations as it deems necessary to address water shortage conditions. C. On July 15, 2014, the SWRCB adopted California Code of Regulations, Title 23, Sections 863, 864, and 865, emergency regulations finding a drought emergency in California and imposing water conservation measures on individuals and water suppliers. On August 4, 2014 the Palo Alto City Council (Council) adopted Resolution 9449, implementing outdoor water use restrictions in compliance with the SWRCB emergency directive. D. On March 17, 2015, the SWRCB readopted and expanded the emergency regulations in California Code of Regulations, Title 23, Sections 863, 864, and 865. Section 864 applies to all Californians and prohibits certain activities in promotion of water conservation, many of which are already required by Palo Alto Municipal Code 12.32.010 or were adopted on August 4, 2014 by Resolution 9449Section 865 requires mandatory outdoor irrigation restrictions and reporting by water suppliers, including urban water suppliers like the City of Palo Alto (City). E. The City receives 100% of its potable supplies from the San Francisco Public Utilities Commission (SFPUC). The SFPUC has requested a 10% voluntary water consumption reduction in response to the drought and their determination of available supplies in the regional water system. The SFPUC has not declared a water shortage emergency nor imposed mandatory cutbacks upon Palo Alto or any of SFPUC's wholesale customers. The City has responded to SFPUC's voluntary water consumption reduction request and achieved an approximate 16% reduction in water use in 2014 relative to 2013. F. The City's Municipal Code, Utility Rule and Regulation 21, and 2010 Urban Water Management Plan (approved by Council on June 13, 2011 and approved by the Department of Water Resources on July 8, 2014) include a Water Shortage Contingency Plan and other tools to encourage responsible management of the City's water resources. 1 150602sdl60513683 ATTACHMENT B DocuSign Envelope ID: F1A36236-9BD9-40F2-A027-518DFC79A824 G. The City supports the SWRCB's efforts to encourage conservation, with an emphasis on outdoor water use, to the extent it may do so within the context of its Council-approved Urban Water Management Plan, Utility Rules and Regulations, and the Palo Alto Municipal Code. H. The City has implemented an education-based compliance plan and is working with customers, including City facilities, to comply with the SWRB water use restrictions. I. While a variety of civil and criminal enforcement procedures are available to the City to prevent the waste and unreasonable use of water, the City wishes to continue the education-based enforcement procedure established by Resolution 9460 for violations of the water use restrictions referred to in Section 2 below, by directing staff to first attempt to achieve compliance via educational outreach, followed by the issuance of fines of $100 per violation per day for willful or repeated violations. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Findings A. Article 10, Section 2 of the California Constitution declares that waters of the State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare. B. Governor Brown issued emergency water shortage declarations on January 17 and April 25, 2014, and conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare. C. City regulation of the time and manner of certain water use, design of rates, method of application of water for certain uses, and establishment of enforcement procedures for violations of water use restrictions are an effective and immediately available means of conserving water, and is authorized by Palo Alto Municipal Code Section 12.20.010. D. The Council finds that the amended 2010 Urban Water Management Plan meets the requirements of California Code of Regulations, Title 23, Section 865(b)(1) and is intended to complement the City's existing and permanent water use restrictions, codified in Palo Alto Municipal Code Section 12.32.010. SECTION 2: Appendix H, "Water Use Restrictions" of the 2010 Urban Water Management Plan is hereby amended and adopted in compliance with the SWRCB's March 17, 2015 emergency drought regulations, as attached and incorporated. All other elements of the 2010 Urban Water Management Plan remain in full force in effect. SECTION 3. Council hereby adopts each of the Stage II water use restrictions included in the City's Water Shortage Contingency Plan, as described in the amended 2010 Urban Water Management Plan. 2 150602sdl60513683 DocuSign Envelope ID: F1A36236-9BD9-40F2-A027-518DFC79A824 SECTION 4. Council directs the City Manager to establish an implementation process for the mandatory irrigation restrictions by May 11, 2015, SECTION 5. The water use restrictions in Stage II of the Water Shortage Contingency Plan will remain in effect for the 270 day period specified in SWRCB Resolution No. 2015-0013, or as extended by the SWRCB. SECTION 6. Council directs staff to further promote water conservation by continuing to notify customers if any leak is detected and preparing and submitting to the SWRCB the monitoring reports described in California Code of Regulations, Title 23, Section 865(d)(2). SECTION 7. Enforcement of the restrictions and requirements outlined in Stage II of the Water Shortage Contingency Plan shall follow the education-based process outlined in Resolution 9460. SECTION 8. Council's adoption of the proposed amended Urban Water Management Plan is categorically exempt from CEQA under CEQA Guidelines 15307 (Actions by Regulatory Agencies for Protection of Natural Resources). INTRODUCED AND PASSED: May 11, 2015 AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH NOES: ABSENT: ABSTENTIONS: ATIEST: ~~ ~ILL_ City Clerk Mayor APPROVED AS TO FORM: APPROVED: I.DocuSigned by: L-:::F31~~ GOocuSI·g·ne .. d by:. lP·Ilf~r 39E7298F8206408 ... Senior Deputy City Attorney City Manager (\.DocuSigned by: ~~~8~~~ ~DocuSigned by: l_A6 p U'ti'J B2AQE35EOZC54QR Director of Utilities Director of Administrative Services 3 150602 sdl 60513683 DocuSign Envelope 10: F1A36236-9809-40F2-A027-518DFC79A824 Appendix H of the City of Palo Alto's 2010 Urban Water Management Plan WATER USE RESTRICTIONS Section A of this Appendix describes the City's existing water use regulations, as well as additional restrictions that could be applied in various stages of a drought or other water supply shortages. The restrictions in Section B are intended to serve as tools within the broader framework of the Urban Water Shortage Contingency Plan to help the City reduce potable water . consumption. Implementation of individual restrictions within each stage shall be carried out at the direction of the City Council, in response to its assessment of local water supply conditions, feasibility, and consumption trends. The Council may, in its discretion, opt to revise, delete or include different elements than those described below, so long as the restrictions implemented serve the overall purpose of reducing local consumption. A. Existing Water Use Regulations (See Palo Alto Municipal Code Section 12.32.010) 1. Flooding or runoff of potable water is prohibited. 2. A shut-off valve is required for hoses used to wash vehicles, sidewalks, buildings, etc. 3. Potable water for construction uses is prohibited if recycled water is available. 4. Broken or defective plumbing and irrigation systems must be repaired or replaced within a reasonable period. B. Additional Restrictions to be Applied in Droughts or Other Water Supply Shortages Stage 1: No additional restrictions Stage II: 1. Landscape or turf irrigation with potable water shall not be allowed between 10:00 a.m. and 6:00 p.m., except for drip irrigation, soaker hoses and hand watering. 2. The application of potable water to landscapes or turf during and within 48 hours after a measurable rainfall is prohibited. 3. The irrigation of ornamenta11 landscapes or turf with potable water more than two days per week is prohibited. Customers may apply to the City for an alternative irrigation schedule demonstrating the need to irrigate with potable water more than two days per week but less than 7 days per week and proposing a plan to reduce potable water use by an amount acceptable to the City. 4. The application of potable water to driveways and sidewalks is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency. 5. The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system. 6. Restaurants and other food service operations shall serve water to customers only upon request. 4 150602sdl60513683 DocuSign Envelope ID: F1A36236-9BD9-40F2-A027-518DFC79A824 7. Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language. Stage Ill: All water use restrictions for Stage II, and the following: 1. Newly constructed pools, spas and hot tubs may not be filled. 2. Outdoor water use audits are required for those customers continuing to use more than target allotments for three months. 3. Commercial car washes must use recycled water systems, if economically feasible. 4. Verified water waste will serve as prima facie evidence that the allocation assigned to the water account is excessive and subject to reduction. 5. The use of potable water on golf courses is limited to putting greens and tees. 6. The use of potable water for street sweepers/washers is prohibited. Stage IV: All water use restrictions for Stages II and Ill, and the following: 1. No new water service hookups unless customer pays for sufficient conservation elsewhere to offset anticipated water use. 3. No new landscaping installed at new construction sites. Bonds to be posted for landscaping after water shortage emergency is lifted. 4. Turf irrigation prohibited. 6. Once-through cooling systems must be converted to recycling systems. 7. The washing of all vehicles is prohibited outside of a commercial washing facility that recycles its water. 8. Irrigation by sprinklers is prohibited. ; "Ornamental landscapes" refers to landscaping for purely decorative purposes, to be distinguished from edible gardens or landscapes that provide a function beyond aesthetics. 5 150602sdl60513683 Certificate of Completion Envelope Number: F1A362369BD940F2A027518DFC79A824 Subject: Please DocuSign this document: RESO 9509 amending urban water mangt plan. pdf Source Envelope: Document Pages: 5 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Record Tracking Status: Original 6/2/2015 10:15:34 AM PT Signer Events Amy Bartell Amy.Barteii@CityofPaloAito.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/2/2015 10:28:41 AM PT ID: 3c17261 0-08e0-4 721-8750-3e 7 4e84542bc Valerie Fong Valerie. Fong@CityofPaloAito.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/9/20151:30:21 PM PT ID: b4e0b2e4-1218-4482-b211-96076bebfdc7 Lalo Perez Lalo. Perez@CityofPaloAito.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/9/2015 3:05:09 PM PT ID: fa070a5c-af48-40ec-97d5-f814807e6b88 James Keene james.keene@cityofpaloalto.org City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/14/2015 5:40:07 PM PT ID: 44fe333a-6a81-4cb 7 -b 7d4-925473ac82e3 In Person Signer Events Editor Delivery Events Signatures: 4 Initials: 0 Holder: Kim Lunt kimberly .lunt@cityofpaloalto.org Signature Using IP Address: 199.33.32.254 ~ DocuSigned by: ~~~!~~ Using IP Address: 199.33.32.254 1/.DocuSlQned by: ~0~~~ Using IP Address: 199.33.32.254 Using IP Address: 199.33.32.254 Signature Status Docu¥, iii SIC:UIUP Status: Completed Envelope Originator: Kim Lunt 250 Hamilton Ave Palo Alto , CA 94301 kimberly.lunt@cityofpaloalto.org IP Address: 199.33.32.254 Location: DocuSign Timestamp Sent: 6/2/2015 10:20:52 AM PT Viewed: 6/2/2015 10:28:41 AM PT Signed: 6/2/201510:29:11 AM PT Sent: 6/2/2015 10:29:13 AM PT Viewed: 6/2/20151:58:56 PM PT Signed: 6/9/2015 1 :30:45 PM PT Sent: 6/9/2015 1:30:47 PM PT Viewed: 6/9/2015 3:05:09 PM PT Signed: 6/9/2015 3:05:21 PM PT Sent: 6/9/2015 3:05:23 PM PT Viewed: 6/17/2015 5:18:58 PM PT Signed: 6/17/2015 5:19:16 PM PT Timestamp Timestamp STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2016-0007 TO ADOPT AN EMERGENCY REGULATION FOR STATEWIDE URBAN WATER CONSERVATION WHEREAS: 1.On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order (April 2014 Proclamation) to strengthen the State’s ability to manage water and habitat effectively in drought conditions, and called on all Californians to redouble their efforts to conserve water. The April 2014 Proclamation finds that the continuous severe drought conditions present urgent challenges across the State, including water shortages in communities and for agricultural production, increased wildfires, degraded habitat for fish and wildlife, threat of saltwater contamination, and additional water scarcity, if drought conditions continue into 2015. It orders that any provision of the governing document, architectural or landscaping guidelines, or policies of a common interest development will be void and unenforceable to the extent it has the effect of prohibiting compliance with the water-saving measures contained in this directive, or any conservation measure adopted by a public agency or private water company. The April 2014 Proclamation also suspends the environmental review required by the California Environmental Quality Act to allow the emergency regulation and other actions to take place as quickly as possible; 2.The April 2014 Proclamation refers to the Governor’s Proclamation No. 1-17-2014, issued on January 17, 2014, declaring a drought State of Emergency to exist in California due to severe drought conditions (January 2014 Proclamation). The January 2014 Proclamation finds that dry conditions and lack of precipitation present urgent problems to drinking water supplies and cultivation of crops, which put farmers’ long-term investments at risk. The conditions also threaten the survival of animals and plants that rely on California’s rivers, including many species in danger of extinction. The January 2014 Proclamation also calls on all Californians to reduce their water usage by 20 percent; 3.On December 22, 2014, in light of the continued lack of rain, Governor Brown issued Executive Order B-28-14, which extends the California Environmental Quality Act suspension through May 31, 2016 for Water Code section 13247 and certain activities identified in the January 2014 and April 2014 proclamations; 4.On April 1, 2015, Governor Brown issued Executive Order B-29-15 that directs the State Water Board to impose restrictions on urban water suppliers to achieve a statewide 25 percent reduction in potable urban usage through February 2016; require commercial, industrial, and institutional users to implement water efficiency measures; prohibit irrigation with potable water of ornamental turf in public street medians; and prohibit irrigation with potable water outside newly constructed homes and buildings that is not delivered by drip or microspray systems; along with other directives; ATTACHMENT C 2 5. On May 5, 2015, the State Water Resources Control Board (State Water Board) adopted Board Resolution No. 2015-0032 and an Emergency Regulation to address specific provisions of Executive Order B-29-2015 that included a mandatory 25 percent statewide reduction in potable urban water use between June 2015 and February 2016. To implement the Executive Order, the Emergency Regulation placed each urban water supplier in a conservation tier, ranging between 4 and 36 percent, based residential per capita water use for the months of July – September 2014. Resolution No. 2015-0032 also directed staff to work with stakeholders to further develop and consider a range of factors that contribute to water use, including but not limited to climate, growth, investment in local, drought resilient supplies, and others for adjustment to the current emergency regulation should it need to be extended into 2016; 6. On November 13, 2015, Governor Brown issued Executive Order B-36-15 calling for an extension of urban water use restrictions until October 31, 2016, should drought conditions persist through January 2016. This Executive Order also directs the State Water Board to consider modifying the restrictions to address uses of potable and non- potable water, as well as to incorporate insights gained from the existing restrictions; 7. As of January 15, 2016, the state has experienced some much-needed snow and rainfall in December and January; However, surface and groundwater storage remains depleted, precipitation has been inconsistent, and snowpack is about average, and the full hydrologic water conditions for 2016 will not be known until April 2016; 8. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports”; 9. On July 15, 2014, the State Water Board adopted an emergency regulation to support water conservation (Resolution No. 2014-0038), and that regulation became effective July 28, 2014 upon approval by the Office of Administrative Law (OAL); 10. On March 17, 2015, the State Water Board amended and readopted the emergency regulation to support water conservation (Resolution No. 2015-0013), which became effective March 27, 2015 upon approval by OAL; 11. On May 5, 2015, the State Water Board amended and readopted the emergency regulation to support water conservation (Resolution No. 2015-0032), which became effective May 18, 2015 upon approval by OAL and expires February 13, 2016; 12. State Water Board estimates that suppliers and their customers will save more than one million acre-feet of water in response to the extended regulation. This savings will be in addition to the 1.2 million acre-feet the State is on track to have saved from June 2015 through February 2016; 3 13. Under the May 5, 2015 emergency regulation, urban water suppliers, large and small, have reduced statewide potable water usage more than 25 percent compared to 2013, through the significant efforts of the suppliers and their customers; 14. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes will survive while receiving a decreased amount of water; 15. Although urban water suppliers have placed restrictions on outdoor watering, the State Water Board continues to receive reports of excessive outdoor water use, and not all suppliers have achieved their conservation standards under the May 5, 2015 emergency regulation; 16. Water conservation is the easiest, most efficient and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved this summer is water available later in the season or next year, reducing the likelihood of even more severe water shortages should the drought continue; 17. Education and enforcement against water waste is a key tool in conservation programs. When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated; 18. Public information and awareness is critical to achieving conservation goals, and the Save Our Water campaign, run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response (http://saveourwater.com); 19. Many California communities are facing social and economic hardship due to this drought. The rest of us can make adjustments to our water use, including landscape choices that conserve even more water; 20. The California Constitution declares, at article X, section 2, that the water resources of the state must be put to beneficial use in a manner that is reasonable and not wasteful. Relevant to the current drought conditions, the California Supreme Court has clarified that “what may be a reasonable beneficial use, where water is present in excess of all needs, would not be a reasonable beneficial use in an area of great scarcity and great need. What is a beneficial use at one time may, because of changed conditions, become a waste of water at a later time.” (Tulare Dist. v. Lindsay Strathmore Dist. (1935) 3 Cal.2d 489, 567.) In support of water conservation, the legislature has, through Water Code section 1011, deemed reductions in water use due to conservation as equivalent to reasonable beneficial use of that water. Accordingly, this regulation is in furtherance of article X, section 2 during this drought emergency. This temporary emergency regulation is not to be used in any future administrative or judicial proceedings as evidence or finding of waste and unreasonable use of any individual water user or water supplier subject to this regulation, and are not to affect or otherwise limit any rights to water conserved under applicable law, including without limitation, water conserved consistent with Water Code section 1011; 4 21. Directive two of the Governor’s April 1, 2015 Executive Order directs the State Water Board to consider the relative per capita usage of each urban water supplier’s service area and require that areas with high per capita use achieve proportionally greater reductions than areas with low per capita use; 22. On December 21, 2015, the State Water Board issued a draft framework proposing modest adjustments to the May 5 emergency regulation structure, keeping the increasing levels of required water reduction based upon residential per capita per day use (R-GPCD), and adding several credits that reduce a supplier’s required water reduction based on certain conditions. The State Water Board solicited public comments on the proposed framework and received over 200 comments, primarily relating to the levels and types of credits and consideration of updated drought conditions in April 2016, at which time more information will be available on 2016 snowpack and reservoir levels; 23. On January 15, 2016 the State Water Board issued draft regulatory language for public comment based on the December 21, 2015 framework and the comments received. The draft regulatory language reflected careful consideration of all comments including those directed at the levels of required reduction. The draft regulatory language extends the May 2015 emergency regulation, that otherwise would expire on February 13, 2016, and provides modest equity credits and adjustments to address geographic climate differences, new growth, and investments made in new, local, drought resilient potable water supplies; 24. On January 22, 2016, the State Water Board initiated the formal emergency rulemaking process by issuing public notice that it would consider the adoption of the emergency regulation at the Board’s regularly-scheduled February 2, 2016 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations; 25. As discussed above, the State Water Board is adopting the extended emergency regulation as directed by the Governor in Executive Order B-36-15 based on the need for prompt action to prevent the waste and unreasonable use of water and to promote conservation because the May 15 emergency regulation is set to expire on February 13, 2016, emergency drought conditions still exist, and stakeholders have requested reasonable and modest adjustments to the existing emergency regulation; and 26. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain the enforcement discretion in enforcing the regulation to the extent authorized. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation. 5 THEREFORE BE IT RESOLVED THAT: 1. The State Water Board readopts California Code of Regulations, title 23, sections 863, 864, 865 and 866, as appended to this resolution as an emergency regulation; 2. State Water Board staff will submit the regulation to OAL for final approval; 3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or the Executive Director’s designee may make such changes; 4. This regulation shall remain in effect for 270 days after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions, or unless the State Water Board renews the regulation due to continued drought conditions as described in Water Code section 1058.5; 5. In consideration of the fact that Executive Order B-36-15 directs the State Water Board to extend restrictions to achieve statewide reductions in urban potable water usage if drought conditions persist through January 2016, and the fact that in many years a significant portion of the state’s rainfall and snowpack occur in February and March, the State Water Board directs staff to monitor and evaluate available data on precipitation, snowpack, reservoir storage levels, and other factors and report back to the Board in March and April, 2016 and, if conditions warrant, bring a proposal for rescission or adjustment of this regulation to the Board no later than the second regularly-scheduled May 2016 Board meeting; 6. The State Water Board directs staff to provide the Board with monthly updates on the implementation of the emergency regulation and its effect; 7. The State Water Board directs staff to condition funding upon compliance with the emergency regulation, to the extent feasible; 8. The State Water Board directs staff to work with DWR and the Save Our Water campaign to disseminate information regarding the emergency regulation; and 9. The State Water Board directs staff to update the electronic reporting portal to include data fields for reporting required by the emergency regulation. THEREFORE BE IT FURTHER RESOLVED THAT: 10. The State Water Board shall work with DWR, the Public Utilities Commission, and other agencies to support urban water suppliers’ actions to implement rates and pricing structures to incent additional conservation, as required by directive eight in the Governor’s April 1, 2015 Executive Order. The Fourth District Court of Appeal’s recent Decision in Capistrano Taxpayer Association Inc. v. City of San Juan Capistrano (G048969) does not foreclose the use of conservation-oriented rate structures; 6 11. The State Water Board calls upon water suppliers to: a. ensure that adequate personnel and financial resources exist to implement conservation requirements not only for 2016, but also for another year of drought should it occur. Water suppliers that face budget shortfalls due to reduced sales should take immediate steps to raise necessary revenues in a way that actively promotes continued conservation; b. expedite implementation of new conservation programs by minimizing internal review periods and utilizing emergency authorities, as appropriate; c. consider the relative water use and conservation practices of their customers and target those with higher water use to achieve proportionally greater reductions than those with low use; d. minimize financial impacts to low-income customers; e. preserve safe indoor water supplies in areas with very low R-GPCD and where necessary to protect public health and safety; f. promote low-water use methods of preserving appropriate defensible space in fire- prone areas, consistent with local fire district requirements; g. educate customers on the preservation of trees; h. promote on-site reuse of water; and i. promptly notify staff of the supplier’s need for an alternate method of compliance pursuant to resolved paragraph 18. 12. The State Water Board calls upon all businesses within California’s travel and tourism sectors to inform visitors of California’s drought situation and actions visitors should take to conserve water; 13. The State Water Board calls upon all homeowners’ associations to support and cooperate with water suppliers’ and their residents’ efforts to conserve water in community apartment projects, condominium projects, planned developments, and stock cooperatives statewide; 14. The State Water Board commends wholesale water agencies that have set aggressive conservation targets for their retail water suppliers and who have invested heavily in subsidizing efficiency measures such as turf and toilet rebates, recycled water production, and other potable water augmentation measures; 15. The State Water Board commends water suppliers that have made investments to boost drought-resistant supplies, such as advanced treated recycled water and desalination. Those investments help to make communities more resilient in the face of drought and the Board is committed to moving towards a more resilience based approach to emergency water conservation and in any permanent measures going forward; 7 16. The State Water Board commends the many water suppliers that have taken steps and made systemic changes that have led to them surpassing their 20x2020 conservation targets as well as their emergency conservation targets. Long-term conservation efforts are critical to maintaining economic and social well-being, especially in light of the impacts of climate change on California’s hydrology; 17. During this drought emergency, heightened conservation that extends urban resilience is necessary. The State Water Board’s focus is primarily on immediate reductions in outdoor water use. Some short-term conservation efforts, such as landscape conversions and installation of efficient appliances, will also support long-term conservation objectives, and are encouraged wherever possible; 18. The State Water Board recognizes that some commercial and industrial customers, while accounting for a significant portion of total use in a service area, have already taken steps to significantly reduce their water consumption and cannot further reduce their use without substantial impacts. However, the Board also recognizes that in many areas there are significant opportunities for reductions in water use by industries and commercial enterprises that have yet to take action, especially those with large areas of non-functional turf. The Board directs staff to respond promptly upon receipt of any request for alternate enforceable methods of compliance. If the supplier believes the conservation standard is unachievable due to firm commercial and industrial water use and residential use reductions that would affect public health and safety, it should provide any supporting information or documentation for an alternate method of compliance; 19. Some water suppliers have called for further refinement of the tiers and have called for an approach that provides greater recognition for early investments in conservation; the development of local, drought resistant water supplies that include banked groundwater; regional compliance mechanisms; differing regional water supply conditions; climate; and health and safety needs. These suggestions and many others have been considered in the context of the current drought emergency, will inform any revisions to these emergency regulations during the spring as the 2016 water supply information becomes more complete, and are separately important considerations for the development of a more comprehensive long-term conservation framework. The State Water Board directs staff to continue working with stakeholders on further refinement of these emergency water conservation regulations to be considered in tandem with an assessment of where the current winter precipitation leaves us; and 20. The California Water Action Plan calls for making conservation a way of life, increasing regional water self-reliance, and expanding storage capacity, among other actions. Long term water security will depend on implementing a range of actions and the State Water Board recognizes that these actions must advance in a complementary manner such that one action does not impede the progress of another. The State Water Board recognizes that conservation requirements implemented in response to critical drought conditions differ from those actions needed to optimize urban water use efficiency and build resilience over the long-term. Resilience to drought requires a combination of water efficiency and the development of new sustainable supplies, such as recycling, stormwater capture and re-use, local storage to capture water in wet years for use in dry years, and other actions. However, the effect of climate change on California weather patterns and snowpack will undoubtedly put increased pressure on the water supply and pose greater risk for extreme weather conditions, including longer and more severe 8 droughts. It is imperative that State agencies and water suppliers have the information and mechanisms needed to best respond to critical drought emergencies and that all sources of urban water be used efficiently over the long-term. Staff is directed to engage the Department of Water Resources in developing a proposed framework for enhanced urban water conservation, efficiency and resilience. Staff is directed to report back to the Board on options for transitioning to a more resilience-based approach to dealing with the future by May 1 after continuing conversations with stakeholders and the Department of Water Resources. CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on February 2, 2016. AYE: Chair Felicia Marcus Vice Chair Frances Spivy-Weber Board Member Steven Moore NAY: None ABSENT: Board Member Tam M. Doduc Board Member Dorene D’Adamo ABSTAIN: None Jeanine Townsend Clerk to the Board 1 ADOPTED TEXT OF EMERGENCY REGULATION Article 22.5. Drought Emergency Water Conservation. Sec. 863. Findings of Drought Emergency. (a) The State Water Resources Control Board finds as follows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; (3) On April 1, 2015, the Governor issued an Executive Order that, in part, directs the State Board to impose restrictions on water suppliers to achieve a statewide 25 percent reduction in potable urban usage through February, 2016; require commercial, industrial, and institutional users to implement water efficiency measures; prohibit irrigation with potable water of ornamental turf in public street medians; and prohibit irrigation with potable water outside newly constructed homes and buildings that is not delivered by drip or microspray systems; (4) On November 13, 2015, the Governor issued an Executive Order that directs the State Board to, if drought conditions persist through January 2016, extend until October 31, 2016 restrictions to achieve a statewide reduction in potable usage; (45) The drought conditions that formed the basis of the Governor’s emergency proclamations continue to exist; and (5) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or critically dry years; and (6) The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likely be necessary to prevent waste and unreasonable use of water and to further promote conservation. Authority: Section 1058.5, Water Code. References: Cal. Const., Art., X § 2; Sections 102, 104, 105, and 275, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463. Sec. 864. End-User Requirements in Promotion of Water Conservation. (a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; and 2 (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system; (5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall; (6) The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased; (7) The irrigation with potable water of ornamental turf on public street medians; and (8) The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. (b) To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language. (c) Immediately upon this subdivision taking effect, all commercial, industrial and institutional properties that use a water supply, any portion of which is from a source other than a water supplier subject to section 865, shall either: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per week; or (2) Reduce potable water usage supplied by sources other than a water supplier by 25 percent for the months of June 2015 through FebruaryOctober 2016 as compared to the amount used from those sources for the same months in 2013. (d) The taking of any action prohibited in subdivision (a) or (e), or the failure to take any action required in subdivisions subdivision (b) or (c), is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal. (e)(1) To prevent the waste and unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from: (A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivision (a) of the Civil Code; or (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code. (2) As used in this subdivision: (A)“Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development. (B)“Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code. 3 (C)“Common interest development” has the same meaning as in section 4100 of the Civil Code. (D)“Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code. (E) “Governing documents” has the same meaning as in section 4150 of the Civil Code. (F) “Separate interest” has the same meaning as in section 4185 of the Civil Code. (3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (e)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation. Authority: Section 1058.5, Water Code. References: Cal. Const., Art., X § 2; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Sections 102, 104, 105, 275, 350, and 10617, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463. Sec. 865. Mandatory Actions by Water Suppliers. (a) As used in this section: (1) “Distributor of a public water supply” has the same meaning as under section 350 of the Water Code, except it does not refer to such distributors when they are functioning solely in a wholesale capacity, but does apply to distributors when they are functioning in a retail capacity. (2) “R-GPCD” means residential gallons per capita per day. (3) “Total potable water production” means all potable water that enters into a water supplier’s distribution system, excluding water placed into storage and not withdrawn for use during the reporting period, or water exported outsider the supplier’s service area. (4) “Urban water supplier” means a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity. (b) In furtherance of the promotion of water conservation each urban water supplier shall: (1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end-user’s exclusive control. (2) Prepare and submit to the State Water Resources Control Board by the 15th of each month a monitoring report on forms provided by the Board. The monitoring report shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. The monitoring report shall specify the population served by the urban water supplier, the percentage of water produced that is used for the residential sector, descriptive statistics on water conservation compliance and enforcement efforts, and the number of days that outdoor irrigation is allowed, and monthly commercial, industrial and institutional sector use. 4 The monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. (c)(1) To prevent the waste and unreasonable use of water and to meet the requirements of the Governor’s April 1November 13, 2015 Executive Order, each urban water supplier shall reduce its total potable water production by the percentage identified as its conservation standard in this subdivision. Each urban water supplier’s conservation standard considers its service area’s relative per capita water usage. (2) Each urban water supplier whose source of supply does not include groundwater or water imported from outside the hydrologic region in which the water supplier is located, and that has a minimum of four years’ reserved supply available may, submit to the Executive Director for approval a request that, in lieu of the reduction that would otherwise be required under paragraphs (3) through (10), the urban water supplier shall reduce its total potable water production by 4 percent for each month as compared to the amount used in the same month in 2013. Any such request shall be accompanied by information showing that the supplier’s sources of supply do not include groundwater or water imported from outside the hydrologic region and that the supplier has a minimum of four years’ reserved supply available. (3) Each urban water supplier whose average July-September 2014 R-GPCD was less than 65 shall reduce its total potable water production by 8 percent for each month as compared to the amount used in the same month in 2013. (4) Each urban water supplier whose average July-September 2014 R-GPCD was 65 or more but less than 80 shall reduce its total potable water production by 12 percent for each month as compared to the amount used in the same month in 2013. (5) Each urban water supplier whose average July-September 2014 R-GPCD was 80 or more but less than 95 shall reduce its total potable water production by 16 percent for each month as compared to the amount used in the same month in 2013. (6) Each urban water supplier whose average July-September 2014 R-GPCD was 95 or more but less than 110 shall reduce its total potable water production by 20 percent for each month as compared to the amount used in the same month in 2013. (7) Each urban water supplier whose average July-September 2014 R-GPCD was 110 or more but less than 130 shall reduce its total potable water production by 24 percent for each month as compared to the amount used in the same month in 2013. (8) Each urban water supplier whose average July-September 2014 R-GPCD was 130 or more but less than 170 shall reduce its total potable water production by 28 percent for each month as compared to the amount used in the same month in 2013. (9) Each urban water supplier whose average July-September 2014 R-GPCD was 170 or more but less than 215 shall reduce its total potable water production by 32 percent for each month as compared to the amount used in the same month in 2013. (10) Each urban water supplier whose average July-September 2014 R-GPCD was 215 or more shall reduce its total potable water production by 36 percent for each month as compared to the amount used in the same month in 2013. (d)(1) Beginning June 1, 2015, each urban water supplier shall comply with the conservation standard specified in subdivision (c), as modified by subdivision (f). (2) Compliance with the requirements of this subdivision shall be measured monthly and assessed on a cumulative basis through October 2016. 5 (e)(1) Each urban water supplier that provides potable water for commercial agricultural use meeting the definition of Government Code section 51201, subdivision (b), may subtract the amount of water provided for commercial agricultural use from its potable water production total, provided that any urban water supplier that subtracts any water provided for commercial agricultural use from its total potable water production shall: (A) Impose reductions determined locally appropriate by the urban water supplier, after considering the applicable urban water supplier conservation standard specified in subdivision (c), for commercial agricultural users meeting the definition of Government Code section 51201, subdivision (b) served by the supplier; (B) Report its total potable water production pursuant to subdivision (b)(2) of this section, the total amount of water supplied for commercial agricultural use, and shall identify the reduction imposed on its commercial agricultural users and each recipient of potable water for commercial agricultural use; (C) Certify that the agricultural uses it serves meet the definition of Government Code section 51201, subdivision (b); and (D) Comply with the Agricultural Water Management Plan requirement of paragraph 12 of the April 1, 2015 Executive Order for all commercial agricultural water served by the supplier that is subtracted from its total potable water production. (2) Submitting any information pursuant to subdivision (e)(1)(B), (C), (D) or (CE) of this section that is found to be materially false by the boardBoard is a violation of this regulation, punishable by civil liability of up to five hundred dollars ($500) for each day in which the violation occurs. Every day that the error goes uncorrected constitutes a separate violation. Civil liability for the violation is in addition to, and does not supersede or limit, any other remedies, civil or criminal. (f) In consideration of the differences in climate affecting different parts of the state, growth experienced by urban areas and significant investments that have been made by some suppliers towards creating new, local, drought-resilient sources of potable water supply, an urban water supplier’s conservation standard identified in subdivision (c) shall be reduced by an amount, not to exceed eight (8) percentage points total, as follows: (1) For an urban water supplier whose service area evapotranspiration (ETo) for the months of July through September exceeds the statewide average evapotranspiration, as determined by the Board, for the same months by five (5) percent or more, the supplier’s conservation standard identified in subdivision (c) shall be reduced: (A) By two (2) percentage points if the supplier’s service area evapotranspiration exceeds the statewide average by five (5) percent or more but less than ten (10) percent; (B) By three (3) percentage points if the supplier’s service area evapotranspiration exceeds the statewide average by ten (10) percent or more but less than twenty (20) percent; (C) By four (4) percentage points if the supplier’s service area evapotranspiration exceeds the statewide average by twenty (20) percent or more. (D) Statewide average evapotranspiration is calculated as the arithmetic mean of all urban water suppliers’ service area default evapotranspiration values for the months of July through September. Default service area evapotranspiration will be based on the California Irrigation Management System (CIMIS) ETo Zones Map zone for which the supplier’s service area has the greatest area of overlap. In lieu of applying its default 6 service area evapotranspiration, a supplier may use specific data from CIMIS stations within its service area that have at least a five-year period of record, or a three year continuous period of record, to identify a more specifically-applicable evapotranspiration for its service area. If no CIMIS station exists within the supplier’s service area, a weather station of comparable accuracy, meeting the preceding period of record requirements, may be used. To qualify for the in-lieu climate adjustment the supplier shall submit the following data to the Board by March 15, 2016 for each station: station ID; station location; and monthly average evapotranspiration, in inches per month, for July, August, and September for either the five-year period of record or the three-year continuous period of record. (2) To account for water efficient growth experienced in the state since 2013, urban water suppliers’ conservation standards shall be reduced by the product of the percentage change in potable water production since 2013 and the percentage reduction in potable water use required pursuant to subdivision (c), rounded to the nearest whole percentage point. Change in potable water production since 2013 shall be calculated as the sum of the following: (A) The number of additional permanent residents served since January 1, 2013, multiplied the average residential water use per person for that supplier’s service area during the months of February through October, 2015, in gallons; and (B) The number of new commercial, industrial and institutional connections since January 1, 2013, multiplied by the average commercial, industrial and institutional water use per connection for that supplier’s service area during the months of February through October, 2015, in gallons. (C) To qualify for the growth credit the supplier shall submit to the Board the following data by March 15, 2016: the number of additional permanent residents served since January 1, 2013; the area of new residential landscaping, in square feet, served by a supplier’s service connections since January 1, 2013; and the number of new commercial, industrial and institutional connections since January 1, 2013. (3) For an urban water supplier that supplies, contracts for, or otherwise financially invests in, water from a new local, drought-resilient source of supply, the use of which does not reduce the water available to another legal user of water or the environment, the conservation standard identified in subdivision (c) shall be reduced: (A) By one (1) percentage point if the supplier’s qualifying source of supply is one (1) percent or more but less than two (2) percent of the supplier’s total potable water production; (B) By two (2) percentage points if the supplier’s qualifying source of supply is two (2) percent or more but less than three (3) percent of the supplier’s total potable water production; (C) By three (3) percentage points if the supplier’s qualifying source of supply is three (3) percent or more but less than four (4) percent of the supplier’s total potable water production; (D) By four (4) percentage points if the supplier’s qualifying source of supply is four (4) percent or more but less than five (5) percent of the supplier’s total potable water production; 7 (E) By five (5) percentage points if the supplier’s qualifying source of supply is five (5) percent or more but less than six (6) percent of the supplier’s total potable water production; (F) By six (6) percentage points if the supplier’s qualifying source of supply is six (6) percent or more but less than seven (7) percent of the supplier’s total potable water production; (G) By seven (7) percentage points if the supplier’s qualifying source of supply is seven (7) percent or more but less than eight (8) percent of the supplier’s total potable water production; (H) By eight (8) percentage points if the supplier’s qualifying source of supply is eight (8) percent or more of the supplier’s total potable water production; (I) To qualify for this reduction the supplier must certify, and provide documentation to the Board upon request, demonstrating the percent of its total potable water production that comes from a local, drought-resilient source of supply developed after 2013, the supplier’s investment in that local, drought-resilient source of supply, and that the use of that supply does not reduce the water available to another legal user of water or the environment. To qualify for this reduction a supplier shall submit the required certification to the Board by March 15, 2016; (J) Certifications that do not meet the requirements of subdivision (f)(3)(I), including certifications for which documentation does not support that the source of supply is a local, drought-resilient source of supply, the use of which does not reduce the water available to another legal user of water or the environment, will be rejected. Submitting a certification or supporting documentation pursuant to subdivision (f)(3)(F) that is found to be materially false by the Board is a violation of this regulation, punishable by civil liability of up to five hundred dollars ($500) for each day in which the violation occurs. Every day that the error goes uncorrected constitutes a separate violation. Civil liability for the violation is in addition to, and does not supersede or limit, any other remedies, civil or criminal. (4) No supplier’s conservation standard shall drop below eight (8) percent as a consequence of the reductions identified in this subdivision. No reduction pursuant to this subdivision shall be applied to any urban water supplier whose conservation standard is four (4) percent based on subdivision (c)(2). (fg)(1) To prevent waste and unreasonable use of water and to promote water conservation, each distributor of a public water supply that is not an urban water supplier shall take one or more of the following actions: (A) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (B) Reduce by 25 percent reduction its total potable water production relative to the amount produced in 2013. (2) Each distributor of a public water supply that is not an urban water supplier shall submit a report by December 15, 2015September 15, 2016, on a form provided by the Board, that either confirms compliance with subdivision (fg)(1)(A) or identifies total potable water production, by month, from JuneDecember 2015 through NovemberAugust, 20152016, and total potable water production, by month, for the same months in 2013. 8 Authority: Section 1058.5, Water Code. References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, 1846, 10617 and 10632, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463. Sec. 866. Additional Conservation Tools. (a)(1) To prevent the waste and unreasonable use of water and to promote conservation, when a water supplier does not meet its conservation standard required by section 865 the Executive Director, or the Executive Director’s designee, may issue conservation orders requiring additional actions by the supplier to come into compliance with its conservation standard. (2) A decision or order issued under this article by the boardBoard or an officer or employee of the boardBoard is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the California Water Code. (b) The Executive Director, or his designee, may issue an informational order requiring water suppliers, or commercial, industrial or institutional properties that receive any portion of their supply from a source other than a water supplier subject to section 865, to submit additional information relating to water production, water use or water conservation. The failure to provide the information requested within 30 days or any additional time extension granted is a violation subject to civil liability of up to $500 per day for each day the violation continues pursuant to Water Code section 1846. (c) Orders issued under previous versions of this subdivision shall remain in effect and shall be enforceable as if adopted under this version. Authority: Section 1058.5, Water Code. References: Cal. Const., Art., X § 2; Sections 100, 102, 104, 105, 174, 186, 187, 275, 350, 1051, 1122, 1123, 1825, 1846, 10617 and 10632, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463. City of Palo Alto (ID # 7082) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Approval of License Agreement for GreenWaste to Use The Former Los Alto Treatment Plant Site Title: Approval of a Limited-Term Site License Agreement for GreenWaste of Palo Alto to Relocate Operations from Geng Road to a Portion of the Former Los Altos Treatment Plant Property on San Antonio Road; Finding of Categorical Exemption for Existing Facilities Pursuant to CEQA Guideline 15301 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council find a categorical exemption from CEQA review pursuant to Guideline 15301 (Existing Facilities), and authorize the City Manager, or his designee, to execute the attached License Agreement (Attachment A) with GreenWaste of Palo Alto, Inc. for the use of the property at 1237 North San Antonio Road (the former Los Altos Treatment Plant Site) for a maximum period not to exceed the length of their waste collection agreement with the City (through June 30, 2021). Executive Summary City staff is terminating the lease with the City’s refuse hauler, GreenWaste of Palo Alto, Inc., at the 0.9 acre, City-owned, 2000 Geng Road location, effective December 31, 2016. GreenWaste will relocate their operations between their Santa Clara Facility and the former Los Altos Treatment Plant (LATP). GreenWaste will occupy a portion of the half of LATP owned by the City’s Refuse Fund. GreenWaste is amenable to this move, as are community baylands protection advocates contacted by staff. The City’s Refuse Fund will save a small amount of money and no significant improvements will be needed at the LATP site. A standard City of Palo Alto License Agreement for GreenWaste’s use of the LATP City of Palo Alto Page 2 site is required, and Council approval of the Agreement is requested. Background Geng Road Property A 0.9 acre parcel of City-owned property located at 2000 Geng Road (Attachment B) is currently being leased to the City’s refuse hauler, GreenWaste of Palo Alto, Inc. (GreenWaste). GreenWaste utilizes the site for: Customer service staff, outreach coordinators, supervisors, and managers; Temporary staging of bins and boxes; Assembling and staging new carts; Temporary staging of compacted cardboard from select businesses and inert material collected during customers clean up days. A number of small buildings are located on the Geng Road site, most date back to the late 1950s. These small buildings are currently used as offices and container storage. GreenWaste is required by contract to utilize their own facility located in Santa Clara for their truck fleet storage and servicing needs. Prior to the lease with GreenWaste (July 1, 2009), the City’s previous waste collection contractor PASCO leased the 0.9 acre Geng Road parcel plus an adjacent 1.1 acre parcel for operations and fleet servicing. Although the additional 1.1 acre parcel is dedicated parkland, Council allowed PASCO’s temporary use through the end of their lease in 2009. Since then, the parcel has been returned to parkland usage, with a portion to be used for youth baseball league batting cages. The Former Los Altos Treatment Plant The City-owned property known as the former Los Altos Treatment Plant (LATP) is located at 1237 North San Antonio Road in Palo Alto (Attachment C). The site measures approximately 13.27 acres and is divided into three areas based on setting and historical usage. From north to south, the three areas are designated Area A, Area B, and Area C: Area A comprises 4 acres of undeveloped bay margin marshland and an area of elevated fill; City of Palo Alto Page 3 Area B comprises 6.6 acres and was the site of the City of Los Altos Wastewater Treatment Plant from 1958 until 1972. Area B currently contains a small unoccupied building and associated equipment sheds, an inactive clarifier tank structure, and six former wastewater treatment ponds; and Area C comprises 2.6 acres and is leased to utility contractors for materials storage. The surface is compacted soil and gravel. The site is currently designated “Public Conservation” land (8.96 acres of Area A and a portion of Area B) and “Major Institution Special Facilities” (4.62 acres). On August 10, 1984, Palo Alto and Los Altos entered into a lease/purchase agreement for the LATP site (CMR:146:84). At that time, Palo Alto was interested in developing a solid waste facility on the developable portion of the site. Between 1984 and 1991, the City of Palo Alto’s Refuse Fund made payments per the agreement and became the owner of an undivided half-interest in the site. During that time period, the site was managed by Palo Alto and rented to various tenants including Palo Alto Utilities Department, who used it for a staging and storage area. Rental revenue was divided between the two cities equally. By 1991, Palo Alto, Sunnyvale, and Mountain View had entered into a 30-year agreement to use the Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) and the original idea of using the LATP site as a refuse transfer station was abandoned. During the 1990s, Palo Alto explored other possible uses for the site, including a proposal for a refuse collection contractor operations facility, a household hazardous waste facility, and an equipment area. On March 6, 2000, Council certified an Environmental Impact Report and a Conceptual Mitigation and Monitoring Plan for a refuse collection facility (CMR:161:00); however, no action was undertaken to develop the site at that time. The Palo Alto City Council approved a land use designation change from Public Park to Public Conservation Land for approximately 8.96 acres and Major Institution Special Facilities for approximately 4.62 acres. In late 2007, Palo Alto and Los Altos reached an agreement for the purchase of the remainder of the site by Palo Alto’s General Fund. On January 4, 2008, Palo Alto became the sole owner of the site. Currently, the City rents Area C to contractors and the proceeds are divided City of Palo Alto Page 4 equally between the City’s Refuse and General Funds. Discussion Staff will terminate the lease with GreenWaste at 2000 Geng Road by December 31, 2016 and relocate the GreenWaste operations to LATP and GreenWaste’s Santa Clara yard. The Refuse Fund owns half the LATP property; therefore GreenWaste would utilize half of the usable Area C acreage (less a small amount for an entrance road). GreenWaste is in favor of the move for the following operational efficiencies: The Geng Road facility is not ideal for bin and box storage due to the buildings, staff vehicles and reduced space. The LATP site, however, allows for more storage, thereby reducing the number of trips GreenWaste trucks make between their Santa Clara Facility and Palo Alto every day, resulting in lower fuel usage and vehicle emissions such as greenhouse gas; and Consolidating GreenWaste staff (managers, outreach coordinators, drivers and customer service representatives) in one location, their Santa Clara Facility would improve communication and other efficiencies. GreenWaste would continue to provide local customer service within Palo Alto as their route Supervisors are in Palo Alto most of the day. City staff sees additional advantages to relocating GreenWaste, including a small rent savings for Refuse Rate customers over the length of the site license, perhaps $100,000 through June 30, 2021, as well as possible park usage at the Geng Road site, as it is surrounded by parkland (Baylands Athletic Center and the Golf Course) on three sides, with an upcoming addition of 10.5 acres from the golf course. Such usage may be considered in the draft Parks, Trails, Natural Open Space and Recreation Master Plan currently underway, making this an ideal time to consider improvements for the entire area before finalization of the Master Plan. A small portable trailer will be placed at the LATP site for GreenWaste and three or four small shipping containers brought in to keep supplies out of inclement weather. The licensing agreement with GreenWaste will control allowable activities at the site. Minor improvements will be made by staff including gravel, fencing and weed abatement. Contractors who currently occupy the portion of City of Palo Alto Page 5 the LATP designated for GreenWaste, have short term leases which will be terminated by October 1, 2016. Staff recently queried key Palo Alto Baylands protection advocates to learn they have no objections to the move and would like the 2000 Geng Road site to be dedicated as parkland. As mentioned above, the City of Palo Alto Refuse Fund is half owner of LATP and the original reasons for acquisition are still valid; namely, that land in Palo Alto is extremely difficult to find for Refuse Fund uses. The ability to provide land for staging and storing empty containers, bins and carts in the future, may encourage more competitive proposals from regional waste collection contractors as having access to a local yard minimizes the hauler’s travel time expenses. City of Palo Alto Page 6 Timeline The timeline for this change will be: Tasks Dates Lease termination notice transmitted to GreenWaste August 16, 2016 End of select short term lease with some tenants at LATP to make room for GreenWaste September 30, 2016 Minor improvements at the LATP (new fence, gravel) November 30, 2016 GreenWaste to vacate the Geng Road Property December 31, 2016 GreenWaste begins using LATP and their Santa Clara Facility January 1, 2017 Resource Impact Overall there would be minor savings to the City’s refuse rate payers associated with the relocation, approximately $100,000 total over the next 5 years. The current Refuse Fund rent payment to the General Fund of $172,350 per year for the Geng Road location will cease on December 31, 2016. However, the General Fund could continue receiving rental income by leasing the Geng Road site to a different (yet undertermined) entity. Policy Implications There are no policy implications associated with this relocation. The GreenWaste contract with the City contains a provision stating that the City can terminate the lease within 120 days of notification to GreenWaste. Environmental Review This project is exempt from environmental review pursuant to CEQA Guideline 15301 (Existing Facilities) because it consists of licensing an existing facility with negligible or no expansion of use. Relocating GreenWaste functions to the nearby City-owned LATP property is consistant with the current usage of the LATP site. The LATP site has been used for storage and staging of equipment, bins and supplies for over 25 years. There will be no significant change in vehicle trips to either facility. Attachments: Attachment A: License Agreement With GreenWaste to Use the LATP Site (DOC) Attachment B: Geng Road Drawing (PDF) Attachment C: LATP Drawing (PDF) Attachment A Real Estate Division – July 2016 1 THE CITY OF PALO ALTO REAL PROPERTY REVOCABLE LICENSE AGREEMENT This revocable License Agreement (“License” or “Agreement”) is made and entered into this _________, 2016 (“Commencement Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“City”), and GreenWaste of Palo Alto, a California joint venture (“Licensee”), for the purpose of providing Licensee temporary access to and use of Property described in this License. City and Licensee may be referred to individually as a “Party” or collectively as the “Parties.” RECITALS This Agreement is made with respect to the following: A. GreenWaste and City entered an “Agreement for Solid Waste, Recyclable Materials, and Compostable Materials Collections and Processing Services” (“the Refuse Agreement”), which commenced in October 2008, was amended and restated in June 2015, and is effective through June 30, 2021. To facilitate operations under the Refuse Agreement, since 2008 GreenWaste has leased a portion of City property located at 2000 Geng Road in Palo Alto for the purpose of housing administrative offices and cart storage. City has notified GreenWaste of its intent to terminate the lease of the Geng Road site, and GreenWaste is required to move its operations and equipment from the site. B. City is owner in fee of certain real property located at 1237 San Antonio Road, Palo Alto, situated in the County of Santa Clara, State of California (APN 116-01-013), commonly referred to as the old Los Altos Treatment Plant or LATP Site, as more particularly described and depicted on Exhibit “A,” attached hereto and made a part hereof. The LATP property consists of 13.26 acres. To accommodate its moving from the Geng Road site, GreenWaste desires to use a 1.16-acre portion of the LATP Site, denoted as that portion of Area “C” described as “GreenWaste Storage Area” on Exhibit “A” (the “Premise” or “Property”), for the general purpose of staging collection bins, carts and supplies. C. Based upon representations made by GreenWaste, and in acknowledgement of GreenWaste’s need for a staging area under the Refuse Agreement, City is willing to grant GreenWaste, at no cost, a revocable license at to use the Premise for certain operations, subject to the terms and conditions of this Agreement. City and Licensee agree as follows: 1. License. City confers to Licensee a revocable, personal, non-exclusive and non-possessory privilege to enter upon, use, and encroach into the Premise for the specific and limited purpose and subject to the terms, conditions and restrictions set forth in this License. This License gives Licensee a License Agreement only and notwithstanding anything to the contrary herein, this License does not constitute a grant by City of any ownership, leasehold, easement or other property interest or estate Attachment A Real Estate Division – July 2016 2 whatsoever in the Premise, or any portion thereof. Licensee accepts the Premise “as is” in the current condition as on the date of execution of this Agreement. 2. Use of Premise. Licensee, and its employees may enter and use the Premise for the sole purpose of : 1) temporary storage and staging of containers and bins to be used for servicing Palo Alto customers; 2) storage and assembly of containers before delivery to customers; 3) storage of supplies, small tools and equipment; 4) temporary storage of inert materials collected through the Clean Up Day program; 5) temporary storage of cardboard bales from Palo Alto businesses; and 6) the housing of a small office trailer for supervisors and outreach staff to use while working in Palo Alto. Licensee can supply and utilize portable storage containers (conex boxes) if desired, as long as the storage containers are in clean, good condition and preapproved by the City prior to placement at the site. It is understood and agreed by the parties that the use permitted under this license is limited to the sole purpose described above. Licensee shall make its own arrangements for power at the site if necessary and make applicable payments with the City of Palo Alto Utilities Department. a. Access. Licensee is granted limited rights of access to the Premises by this License. Licensee’s access to the Premises will be from San Antonio Road. Vehicular travel on the property will be limited to the access road area as shown on Exhibit “A”. b. Gates. Licensee agrees to keep all gates it utilizes closed if found to be closed and secured at all times, where Licensee’s staff is not present. c. Prohibitions and Limitations. Except as may be required to accomplish the permitted use(s) described in section 2, above, the use(s) and activities authorized under this License shall not significantly disturb the surface of the Premise, be inconsistent with those permitted on the Premise, interfere in any way with the City’s ownership rights and privileges on the Premise; and/or cause or contribute in any way to the contamination of all or any portion of the Premise, by any substance, especially Hazardous Materials as that term is defined in Section 9 of this License. Specifically, Licensee shall at all times store all materials in containers and shall not place materials, supplies and equipment on the ground. Licensee shall not wash or rinse containers at the site without fully capturing the rinse water. 3. Subject to City Uses. Notwithstanding anything to the contrary in this License, any and all of Licensee’s activities hereunder shall be subject and subordinate at all times to City’s existing and future use of the Premise for public utility or other public purposes. City shall in no way be liable for any damage or destruction to Licensee’s property and/or improvements resulting from any activities by City. City has the right to enter the Premise at any time for the purpose of ingress/egress, inspection, and emergency response. Licensee shall, at City’s request, immediately remove any property or improvements on the Premise to allow City access to the utilities or other City owned facilities. In the event City deems it necessary, in City’s sole discretion, City shall have the right to remove any such property or improvements and City shall not be responsible for restoring or returning same to its prior condition. Attachment A Real Estate Division – July 2016 3 4. Security Deposit. The performance bond posted in connection with the Refuse Agreement shall cover and insure performance of Licensee’s obligations set forth in this License and no further Security Deposit shall be required by Licensee. 5. Processing Fees. Intentionally omitted. 6. Rent/Consideration. Intentionally omitted. 7. Responsibility for Maintenance. Licensee shall be solely responsible for maintaining the Premise in good and safe condition. City shall have no duty whatsoever for any repair or maintenance of the Premise. 8. Covenant to Maintain Premise. In connection with its use, Licensee shall at all times, at its sole cost, maintain the Premise in a good, clean, safe, secure, sanitary condition, so far as the Premise may be affected by Licensee’s activities under this License. Licensee expressly agrees to maintain the Premise and to undertake needed maintenance activities as necessary and to reasonable satisfaction of City, and in compliance with applicable laws. Licensee shall be responsible for damage or repair to the Premise resulting from Licensee’s use of the Premise. At Licensee’s cost, Licensee shall maintain and keep the Premises in good condition and vacate the Premises in the same condition as when Licensee accepted possession of the Premises. Licensee shall not make any alterations or improvements to the Premises without the prior written consent of City. Immediately upon completion of the use of the Premises permitted by this License, or upon expiration of the term of this License, whichever occurs first, Licensee shall remove from the Premises any and all equipment or materials used in conducting the permitted activities and restore the Premises to its condition at the commencement of the License Term, including but not limited to the removal of all debris, litter, equipment, and other related materials and repair of any damage caused to appurtenances located on, above, or under the surface of the property, Licensee expressly acknowledges that this restoration shall be completed at Licensee’s cost and to the reasonable satisfaction of City representatives. If Licensee fails to restore the Premises to the City’s’ reasonable satisfaction after written notice from City in accordance with Section 17, City shall have the option to complete the work required to restore the Premises to its original condition at Licensee’s cost, which shall be paid to City promptly upon request. 9. Hazardous Substances. “Hazardous Substance” means any substance, material, waste, pollutant or contaminant which is regulated by law now or in the future as being hazardous, toxic, flammable, carcinogenic, explosive or radioactive, or is potentially injurious to the public health, safety or welfare or the environment. Licensee shall not use, produce, manage, contain, store, treat or dispose of Hazardous Substances in, on or about the Premises, except with Landlord’s prior written consent and in compliance with all applicable Laws. In the event that any Hazardous Material is spilled, leaked or otherwise released on the Property or in any area in the vicinity of the Property, Licensee shall promptly undertake all necessary actions to remediate or remove the contaminating material or substance from the Premises at no cost to City. If Licensee fails to comply after 24-hour written notice from City, City may complete the work required to remediate or remove the hazardous material or substance at Licensee’s cost, which cost Licensee shall Attachment A Real Estate Division – July 2016 4 remit to City immediately upon request. Licensee accepts full responsibility for all activities and costs incurred related to cleaning up the Property from the effects of such spill or leak and shall be responsible for meeting, and possess the means to satisfy, the requirements of all federal, state, and local controlling agencies. Licensee shall indemnify, defend (by counsel reasonably acceptable to City), protect and hold City harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses (including, without limitation, diminution in value of the Property, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Property, damages arising from any adverse impact or marketing of the Property, response costs, cleanup costs, site assessment costs, reasonable attorneys’ fees, consultant and expert fees, judgments, administrative rulings or orders, fines, costs of death of or injury to any person or damage to any property (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, during the License Term, by the discharge in, on, under or about the Property by Licensee, and Licensee’s agents, employees, licensees or invitees (“Licensee’s Agents”) or at Licensee’s direction of Hazardous Material, or by Licensee’s failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability. Licensee’s indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Property, and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the License Term. For purposes of the indemnity provided herein, any acts or omissions of Licensee, or Licensee’s Agents (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Licensee. Provided, however, Licensee shall have no cleanup liability, or any obligation to defend, hold harmless or indemnify hereunder from and against any claims resulting from any pre-existing Hazardous Material conditions not caused by Licensee or Licensee’s Agents. 10. Revocability. Licensee acknowledges and agrees that the use of the Premise hereunder, regardless of cost, shall not in any way whatsoever limit City’s right to revoke this License pursuant to the terms hereof or any of City’s other rights hereunder. 11. Damage. Licensee shall not do anything in, on, under or about the Premise that could cause damage or interference to any City utilities or other property located in, on, under or about the Premise. Any damages caused to City owned property or facilities by virtue of Licensee’s use of the Premises shall be repaired by Licensee in accordance with the procedure set forth in Section 17. Licensee shall use its best efforts to keep surface disturbances to a minimum and avoid rutting of any roads. Any damage caused to the Property or any underground electrical ducts, storm sewer and water lines, manholes and appurtenances located on or under the surface of the Property or to any roads shall be promptly repaired by Licensee. The roads or any other area shall not be left in a rutted or otherwise damaged condition. 12. Term of License. The temporary privilege conferred to Licensee pursuant to this License shall commence on the date on which this License is executed and delivered by City hereunder (the “Commencement Date”), and shall end on June 30, 2021. The term will coincide with the term of the Attachment A Real Estate Division – July 2016 5 Refuse Agreement, which will also expire on June 30, 2021. City reserves the right to revoke this License with Licensee by a serving a sixty (60) - day written notice to Licensee or receiving a sixty (60) - day written notice of termination from Licensee. In case of emergency, this License shall immediately expire upon written notice from City revoking this License. If any notice given pursuant to this License is not personally or electronically delivered to Licensee, said notice shall be deemed to be delivered five (5) days after deposit of said notice in a sealed envelope, postage fully prepaid, in a mailing facility regularly maintained by the United States Post Office Department, addressed to Licensee as follows: Frank Weigel GreenWaste of Palo Alto 1500 Berger Drive San Jose, CA 95112 This License is subject to revocation at any time by City, without cause or liability, and without any obligation to pay any consideration to Licensee or return to Licensee any part of the License fee or, if applicable, the user fee. 13. Compliance with Laws. Licensee shall, at its expense, conduct and cause to be conducted all activities on the Premise in a safe and reasonable manner and in compliance with all laws of any governmental or other regulatory entity with jurisdiction (including, without limitation, the Americans with Disabilities Act) and all covenants, restrictions and provisions of record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the parties. 14. Removal or Alteration of Improvements. Without limiting City’s rights under this License, Licensee shall promptly, at City’s written request, alter or remove at its sole expense any and all machinery and equipment placed in, on, under or about the Premise by Licensee, as may be necessary to avoid any actual or potential interference with any of City’s use or other structures now or later constructed, or with the maintenance thereof or with any other operations or land uses by City. In the request, City shall have the right to specify reasonable time limits for completion of the work. If after such written notice Licensee fails to complete the requested work within the prescribed time limits, City shall have the right to perform the requested work and charge Licensee all costs and expenses incurred by City in performing the work. Such amount shall be due and payable upon City’s request. In the event of an emergency City may, at its sole option and without notice, alter, remove or protect at Licensee’s sole expense, any and all improvements installed or placed in, on, under or about the Premise by Licensee. 15. Surrender. Upon the expiration of this License, Licensee shall immediately surrender the Premise in the same condition as originally received, broom cleaned, walk-through with City Staff completed, and free from hazards and clear of all litter and debris. At such time, Licensee shall remove all of its property from the Premise hereunder, and shall repair, at its cost, any damage to the Premise caused by such removal. Licensee’s obligations under this Section shall survive any termination of this License. Attachment A Real Estate Division – July 2016 6 16. Repair of Damage. If any portion of the Premise or any property of City located on or about the Premise is damaged or threatened by any of the activities conducted by Licensee or Licensee’s Agents, Licensee shall immediately, at its sole cost, notify City in writing of such damage or threat. Licensee shall repair any and all such damage and restore the Premise or property to its previous condition subject to City’s reasonable inspection, review and approval. City may elect to witness Licensee’s repair work. 17. City’s Right to Cure Defaults by Licensee. If Licensee fails to perform any of its obligations under this License to restore the Premise, remove or alter Improvements or repair damage, or if Licensee defaults in the performance of any of its other obligations under this License, then City shall provide Licensee seven (7) business days to remedy such default, and if it reasonably would require more than seven (7) business days to remedy such default, within a time reasonably necessary to remedy such default after Licensee's receipt of such written notice, provided Licensee has undertaken to cure such default within such seven (7) business day period and diligently pursues such efforts to cure to completion. Any such notice shall specify the nature of the repairs. No such prior notice shall be required in the event of an emergency as determined by City. Such determination by City shall not be construed as a waiver of any rights or remedies of City under this License, and nothing herein shall imply any duty of City to do any act that Licensee is obligated to perform. Licensee shall pay to City upon request all costs, damages, expenses or liabilities incurred by City, including, without limitation, reasonable attorneys’, experts’ and consultants’ fees, in remedying or attempting to remedy such default, or the cost thereof may be made a lien on Licensee’s property as provided in section 12.12.010 of the Palo Alto Municipal Code. Licensee’s obligations under this Section shall survive the termination of this License. 18. Indemnity. Licensee shall indemnify, defend, reimburse and hold harmless City, its officers, agents, employees and contractors, and each of them, from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind (“Claims”), arising in any manner, in whole or in part, out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on or about the Premise, or any part thereof, whether the person or property of Licensee, Licensee’s Agents, its invitees, guests or business visitors (collectively, “Invitees”), relating to any use or activity by Licensee, Licensee’s Agents and Invitees under this License, (b) any failure by Licensee to faithfully observe or perform any of the terms, covenants or conditions of this License, (c) the use of the Premise or any activities conducted thereon by Licensee, Licensee’s Agents or Invitees, (d) any release or discharge, or threatened release or discharge, of any Hazardous Material caused or allowed by Licensee, Licensee’s Agents or Invitees, on, in, under or about the Premise , or into the environment, or (e) any failure by Licensee to faithfully observe or perform any terms, covenants or conditions that relate to or are triggered by the work to be performed or the Improvements to be installed pursuant to this License; except to the extent of Claims resulting directly from the active negligence or willful misconduct of City or City’s authorized representatives. In addition to Licensee’s obligation to indemnify City, Licensee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claim that falls within this indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to Licensee by City and continues at all times thereafter. The foregoing indemnity shall include, without limitation, Attachment A Real Estate Division – July 2016 7 reasonable attorneys’, experts’ and consultants’ fees and costs, investigation and remediation costs and all other reasonable costs and expenses incurred by the indemnified parties, including, without limitation, damages for decrease in the value of the Premise and claims for damages or decreases in the value of adjoining property. Licensee’s obligations under this Section shall survive the expiration or other termination of this License. 19. Insurance Requirements. During the term of this License, Licensee, and each of its contractors and agents which enter onto the Property to carry out licensed activities, shall each maintain in full force and affect the following insurance policies: A. Comprehensive general liability policy (bodily injury and property damage); B. Comprehensive automobile liability insurance policy; and C. Worker’s Compensation and employer’s liability policy. 1. Said policies shall be maintained with respect to employees and vehicles using the Property with coverage amounts and including the required endorsements, certificates of insurance, and coverage verifications as set forth in Exhibit “B”, attached and incorporated by this reference. Licensee shall have the right to self-insure with respect to the insurance requirements required under this Agreement. Licensee's self-insurance program is in full force and effect and in compliance with and subject to all the terms, agreements, covenants, conditions and provisions of this License. 20. No Assignment: This License is personal to Licensee for the stated purpose set forth in this License and shall not be assigned, conveyed or otherwise transferred by Licensee under any circumstances. Any attempt to assign, convey or otherwise transfer this License shall be null and void and cause the immediate termination and revocation of this License. 21. General Provisions. (a) This License may be amended or modified only by a writing signed by City and Licensee; (b) This instrument (including the exhibit(s) hereto) contains the entire agreement between the parties and all prior written or oral negotiations, discussions, understandings and agreements are merged herein; (c) If Licensee consists of more than one person then the obligations of each person shall be joint and several; (d) Licensee may not record this License or any memorandum hereof; (e) Any sale or conveyance of the property burdened by this License by City shall automatically revoke this License. 22. Notices: Notices under this Agreement may be made by personal delivery to the individuals specified below or by prepaid, registered or certified mail, return receipt requested, addressed as follows: To City: City of Palo Alto Real Estate Division Attention: Manager of Real Property 250 Hamilton Avenue Palo Alto, California 94303; and Attachment A Real Estate Division – July 2016 8 City of Palo Alto Public Works Department- Environmental Services Attention: Zero Waste Manager P. O. Box 10250 Palo Alto, CA 94303 To Licensee: Frank Weigel GreenWaste of Palo Alto 1500 Berger Drive San Jose, CA 95112 Either party with a written Notice to the other party may change the address and person designated for notice. 23. Entire Agreement: This Agreement contains the entire understanding between the parties relating to this transaction and may not be amended except in writing signed by both parties. 24. Choice of Law and Jurisdiction: Licensee shall at all times comply with all applicable laws and with all applicable regulations promulgated by federal, state, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended during the term of this Agreement. The parties agree that any dispute with respect to this Agreement shall be subject to the jurisdiction of Santa Clara County. 25. Litigation Costs: If Licensee is dissatisfied with the decision of the City, any dispute shall be referred to and resolved by arbitration. Parties to this License shall meet the same arbitration requirements prescribed in Attachment Q of the Refuse Agreement. 26. Inconsistency: In the event of any conflict between this Agreement and any related exhibits, the provisions of this Agreement shall supersede and shall prevail over any conflicting provisions of the exhibits. 27. Exhibits: All exhibits referenced in this Agreement are attached hereto and made a part of this Agreement. 28. Holding Over. Nothing contained in this Agreement shall give to Licensee the right to occupy the Property after the expiration of the term, or upon an earlier termination for breach. 29. Time is of the Essence: Time is of the essence with respect to each and every provision of this Agreement. Attachment A Real Estate Division – July 2016 9 30. Possessory Interest Taxes. Intentionally omitted. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. LICENSEE: GreenWaste of Palo Alto By: ________________________________________________ Title: _______________________________________________ Date: __________________, 2016 CITY: CITY OF PALO ALTO, CALIFORNIA A CHARTERED CALIFORNIA MUNICIPAL CORPORATION By: ___________________________ Title: __________________________ Date: ________________, 2016 APPROVED AS TO FORM: APPROVED AS TO CONTENT: _____________________________ Joan Borger, Special Council ____________________________ Ron Arp, Zero Waste Group Table of Exhibits Exhibits Description A LATP site drawing B Insurance Requirements Attachment A Real Estate Division – July 2016 10 Exhibit “A” LATP SITE DRAWING The LATP is a 13.26-acre site that has been divided into three areas. The LATP Site Drawing shows the layout of these areas. Area A (4.0 acres) is undeveloped and currently consists of non-native grasslands on top of fill material and brackish marsh along the perimeter of a remnant slough channel. It is separated from Area B by a levee. Area B (6.64 acres) is the site of the former treatment plant facility with abandoned structures and six former wastewater treatment ponds. Area C (2.62) acres is at a higher elevation than the other areas. Area C is divided into two sections: the 1.16 acre portion section adjacent to Area B will be leased to another contractor. The adjacent section, near the entrance to the site, (1.16 acres), designated on the LATP Site Drawing as “GreenWaste storage area,” will be the area used by Licensee. Attachment A Real Estate Division – July 2016 11 Attachment A Real Estate Division – July 2016 12 EXHIBIT B INSURANCE REQUIREMENTS A. NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: ______________________________________________________________________________________________ B. POLICY NUMBER(S): C. DEDUCTIBLE AMOUNT(S), IF APPLICABLE: EXHIBIT “B” 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. License IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. Attachment A Real Estate Division – July 2016 13 I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL 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 LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 And Environmental Services – Zero Waste CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 Drawn: Current site of Green Waste of Palo AltoRev. 0: 05/18/16CLM Scale: 1" = 60' Checked:2000 Geng Road, Palo Alto Former PASCO parking area 1.1 Acres Property currently leased by Green Waste of Palo Alto 0.9 Acres Geng Road Attachment B Attachment C Drawn: Rev. 3: Checked: Contractor rental area 1.16 Acres Green Waste Area A 4.00 Acres ~ondB6 rrnm ~.07 Acre Area B PondB2 6 64 A Wetland • CreS 299' Acc;~1road o.~es storage area --- 18S' N 1.16 Acres RTN 08/28/07 LATP SITE DEVELOPMENT CLM 04/29116 CITY OF PALO ALTO, CALIFORNIA Scale: 1" = 150' City of Palo Alto (ID # 7137) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Regional Water Quality Control Plant Air Regulatory Support Contract Extension Title: Approval of Amendment Number 2 to Contract S12142714 With Golder Associates, Inc. for Air Regulatory Support to Extend the Contract Term One Year to September 20, 2017 With No Additional Costs From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager to execute Amendment No. Two to Contract S12142714 (Attachment A) with Golder Associates, Inc. to extend the contract term one year to September 20, 2017. Executive Summary Staff continues to evaluate obligations and conduct compliance activities pursuant to the new federal regulations for sewage sludge incinerators (40 CFR Part 62, Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010; Final Rule). Due to unforeseen compliance requirements that developed during finalization of the regulation, the project is estimated to extend beyond the consultant’s contract termination date. Staff requests a one-year time extension with Golder Associates, Inc. to complete the work. Funds remain in the contract and staff is asking for a time-only extension. Background On March 21, 2016, the new federal regulations for sewage sludge incinerators promulgated by the United States Environmental Protection Agency (USEPA) became effective (CMR ID# 1625). The new regulations require a formal incinerator operator training program, expanded emissions testing, a new Title V City of Palo Alto Page 2 Permit, additional recordkeeping, minor equipment modifications, and additional compliance monitoring and reporting. Contract S12142714 was approved by Council (CMR ID# 2370) on February 6, 2012, to support staff efforts in incinerator regulatory compliance and analysis. The continued, compliant operation of the incinerators must be maintained as the City of Palo Alto Regional Water Quality Control Plant (RWQCP) continues to progress in the biosolids dewatering/truck loadout facility. The loadout facility will allow the termination of incinerator use and the temporary trucking of biosolids to another treatment facility. Discussion Staff has been tracking, analyzing, and conducting compliance activities for the new federal sewage sludge incinerator regulation since 2009. As part of this effort, staff contracted with Golder Associates, Inc. for technical support on compliance with incinerator air regulations beginning in 2012. Since then, the regulation has undergone numerous changes that have altered the original estimated schedule for technical support under this contract and now necessitates a contract term extension. Contract S12142714 was amended in the Spring to extend the contract term by 6 months, from March 26, 2016 to September 20, 2016. The currently recommended term extension is required to fulfill the remaining contract scope items. Resource Impact There is no anticipated resource impact as the contract time extension does not require any additional funds to complete all necessary work. Policy Implications Extending the term of the existing contract is consistent with Council policy. Environmental Review The recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (b), which exempts repair and maintenance of an existing use including operation of publicly-owned sewerage services, structures, facilities, mechanical equipment, or topographical features. Attachments: Attachment A: S12142714 Golder Associates Inc.- Amendment No. 2 (PDF) 1 Revision April 28, 2014 AMENDMENT NO. TWO TO CONTRACT NO. S12142714 BETWEEN THE CITY OF PALO ALTO AND GOLDER ASSOCIATES, INC. This Amendment No. Two to Contract No. S12142714 (“Contract”) is entered into August 15, 2016, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and GOLDER ASSOCIATES, INC., a California Corporation, located at 425 Lakeside Drive, Sunnyvale, CA 94085 (“CONSULTANT”). R E C I T A L S A. The Contract was entered into between the parties for the provision of regulatory analysis and compliance support for sewage sludge incinerator air regulations. B. The parties wish to amend the Contract by extending the term for a continuation of services as specified in Exhibit “A”. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 2 “TERM” is hereby amended to read as follows: The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached at Exhibit “B” unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 2. The following exhibit(s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: a.Exhibit “B” entitled “SCHEDULE OF PERFROMANCE”. SECTION 3. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. DocuSign Envelope ID: 5C279BA9-97CC-496C-B7B6-3121D7933F5B Attachment A 2 Revision April 28, 2014 IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: _____________________________ Senior Asst. City Attorney GOLDER ASSOCIATES, INC. By:___________________________ Name:_________________________ Title:________________________ Attachments: EXHIBIT "B": SCHEDULE OF PERFORMANCE DocuSign Envelope ID: 5C279BA9-97CC-496C-B7B6-3121D7933F5B Principal William Fowler 3 Revision April 28, 2014 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 Date 1. EPA Regulatory Compliance September 20, 2017 DocuSign Envelope ID: 5C279BA9-97CC-496C-B7B6-3121D7933F5B City of Palo Alto (ID # 7140) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Extend Term with PCJPB for Shuttle Administration Title: Approval of Amendment Number 2 to the Agreement With the Peninsula Corridor Joint Powers Board for Rail Shuttle Bus Administration to Extend the Term for one Year and add $135,100 to Provide Community Shuttle Service on the Existing Embarcadero Shuttle Route From July 2016 until June 2017 From: City Manager Lead Department: Planning and Community Environment Recommendation: Staff recommends that Council authorize the City Manager to execute the attached amendment (Amendment 2) to the Rail Shuttle Bus Administration Agreement with the Peninsula Corridor Joint Powers Board (JPB), extending the term of the agreement through June 30, 2017 and adding $135,100 to the contract to cover the City’s Embarcadero shuttle route operating costs during the period July 1, 2016 through June 30, 2017. Executive Summary: The City and the JPB have an agreement under which the JPB provides the Embarcadero shuttle service, which is partially funded by the JPB and partially funded by the City. The proposed amendment to the agreement provides for continued service in the current fiscal year, with the City paying 53.5% of the total cost of operating the shuttle. Funds have been budgeted in FY 2017 for this purpose. Background: In 1999, the City and JPB entered into the Rail Shuttle Bus Service Administration agreement for the provision of shuttle services in Palo Alto, as part of the JPB rail shuttle bus program. In 2014, JPB staff updated and standardized the original Rail Shuttle Bus Service Administration Agreement from 1999 and a new base agreement was executed on August 18, 2014. The agreement provides that the agencies may extend the term of the agreement upon mutual consent. The JPB agreement contains terms and conditions for the Embarcadero route, which is part of City of Palo Alto Page 2 the rail shuttle program and subsidized by the JPB. While the Embarcadero route is considered part of the Palo Alto free shuttle program and is partially funded by the City, the service is provided by an operator under contract to the JPB, and the JPB funds a portion of the service. The Embarcadero route is one of three Palo Alto free shuttle routes. The other routes are the Crosstown route and the East Palo Alto route. In June 2014, the City Council approved a three- year contract with MV Transportation to provide service for Crosstown and East Palo Alto routes. The Crosstown route is funded exclusively by City and the East Palo Alto route is funded by City of East Palo Alto. The East Palo Alto route will be eliminated this month at the request of the City of East Palo Alto. Discussion: The second amendment to the agreement (Attachment A), provides for continued shuttle services for the Embarcadero route from July 1, 2016 through June 30, 2017. Staff was not able to agendize this item for Council approval prior to the end of the fiscal year; however, JPB has continued to provide uninterrupted shuttle service on the Embarcadero route during the interim until the contract extension is approved by the City. The cost of operating the Embarcadero route for twelve months from July 1, 2016 through June 30, 2017 is estimated to be $252,400. The JPB's maximum contribution during this term of the Agreement will be $117,300, which is 46.5% of the estimated total operating costs for the route, as determined by the JPB. The agreement with the JPB stipulates that the City will reimburse the JPB for 53.5% of the total actual costs of operating the Shuttle Service, which is estimated to be $135,100, subject to a final adjustment. Last year, JPB’s financial contribution was 67.5% and City’s financial share was 32.5% of the total operating costs of the route. In 2015, the Embarcadero route received a subsidy of $53,000 from the Bay Area Air Quality Management District (BAAQMD). However, in 2016, the Embarcadero route did not qualify for this grant funding. This is primarily the result of emission reduction projections generated from rider survey travel information. With no other grant opportunities available, JPB is requesting that the City increase its contribution. For fiscal year 2015-2016, estimated ridership on Embarcadero Shuttle is expected to be 63,875 (ridership data for June 2016 is not available yet). Based on this estimation, the City’s cost per ride is $0.95 and total program’s cost per ride is $3.82. Policy Implications: This request is consistent with existing Council direction to continue and expand the Palo Alto shuttle project. Resource Impact: City of Palo Alto Page 3 Staff anticipated an increase in the cost of this shuttle service for Fiscal Year 2017 and budgeted accordingly. Thus funding of $135,100, which was included in the Fiscal Year 2017 Adopted Operating Budget for the Palo Alto Free Shuttle is sufficient to cover the service and operating costs for the Embarcadero route. No additional resources are required. The execution of this agreement with the JPB will not impact the contract with MV Transportation. Environmental Review: On August 2, 1999, the City Council approved a Negative Declaration finding the shuttle project would not result in any significant environmental impact. Funding continuation of an existing service is categorically exempt from review pursuant to Section 15301 (Class One, Existing Facilities) of the State CEQA Guidelines. Attachments: Caltrain Joint Powers Board Agreement Amendment No. 2 (PDF) City of Palo Alto (ID # 6698) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Downtown RPP Phase 2 Update Title: Acceptance of the Downtown Residential Preferential Parking (RPP) Program Phase 2 Status Update and Adoption of a Resolution Amending the Eligibility Area for the Program as Directed by the City Council From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council: Accept this status report on the Downtown Residential Preferential Parking (RPP) Program; and Adopt the attached Resolution (Attachment A), expanding the boundary of the Downtown RPP Program Phase 2 eligibility area originally established by Resolution 9577 to incorporate streets in the Crescent Park neighborhood identified for inclusion by the City Council in response to a neighborhood petition. Executive Summary Since early 2015, Staff have been acting on the Council’s direction implementing the Downtown Residential Preferential Parking (RPP) Program, including development and launch of a new online permit sales website and sales support, installation of signage in the permit area and community outreach about the program. Phase 1 of the Downtown RPP Program began on September 15, 2015, and Phase 2 was implemented on April 1, 2016. As requested by Council, staff is providing a program update four months into the Phase 2 pilot period and has prepared a resolution to expand the eligibility area to include streets that have petitioned for inclusion in an RPP district. This staff report provides an update on the parking occupancy patterns of the neighborhoods, permit sales, and enforcement, and the attached resolution would accomplish the annexation of several streets in Crescent Park per Council direction in February 2016. Following the City Council’s action, staff will make corresponding changes to the RPP City of Palo Alto Page 2 Administrative Guidelines. Staff will also schedule a public hearing for another update and for consideration of a resolution making the program permanent prior to the end of Phase 2 in March 2017. Background and Discussion The attached Downtown Residential Preferential Parking (RPP) Program amends Resolution 9577 to include the following streets in the Downtown RPP district: 500 block of Chaucer Street 1000 and 1100 blocks of Hamilton Avenue Residents of these three streets submitted a petition to be annexed to the Downtown RPP Program after the November 2015 deadline for consideration. The petition was reviewed with all other RPP petitions received as of March 31, 2016 (Attachment B). Following review and discussion, City Council directed staff to return with a resolution expanding the approved Eligibility Area for the Downtown RPP Program to include these three street segments for future inclusion in the program. The attached Downtown RPP Program Resolution also amends Resolution 9577 to provide for City Council to consider whether to make the program permanent and any associated modifications by March 31, 2017, rather than December 31, 2016, because March 31st is the date that permits issued in Phase 2 of the program will expire. Resident and Employee Permit Sales Downtown RPP Program Phase 2 permits were made available through an online permit sales website as of March 2016, and were required for parking on-street in the Downtown RPP Program district as of April 1, 2016. Permit holders were notified of the required new permits via mailed notices, email, social media, and the City’s website. Staff supported the sale of permit by responding to email and phone inquiries, hosting an employer workshop at City Hall, conducting on-site help sessions at the Avenidas Senior Center, and through customer service contract staff on-site at City Hall for one month before and one month after permits were required. All employees and residents living and working within the geographic area of the Downtown RPP Program district (see Attachment C) are eligible to purchase permits. The following types of permits are available to residents and employees during Phase 2: Resident Decal: one free of charge and up to three additional at $50/year Resident Visitor Hangtag: up to two per residence at $50/year Resident One-day: unlimited at $5 each Employee Decal: $466/year Employee Reduced Decal: available to those who qualify based on income at $100/year City of Palo Alto Page 3 Employee One-day: $5/each Employee Five-day: $15/each Employer Transferable Hangtag: $466/year Figure 1 shows the number of employee and resident permits sold as of the writing of this report—a total number of 6,185 permits, 4,817 of which were resident permits and 1,368 of which were employee permits. Figure 1. Number of RPP Phase 2 Permits Sold (as of July 6, 2016) Source: Planning Department, Transportation Division, July 2016. City of Palo Alto Page 4 In Phase 2, employee permits are zone-specific, meaning that employees and employers purchase a permit for a specific parking zone. The permit limits their parking to that identified region. The total available employee permits were limited to 2,000 during Phase 2 of the Downtown RPP program, and were distributed among zones based on total available on-street parking in each zone, as seen in Table 1. Table 1. Employee Permits by Zone Zone Permit Allocation 1 75 2 120 3 225 4 190 5 175 6 100 7 135 8 365 9 25 (245)* 10 55 (370)* *A portion of permits in this zone will be held in reserve and released as additional streets opt into the Downtown RPP district. Source: Planning Department, Transportation Division, February 2016. Half of the available permits in each zone were prioritized for low-wage workers. Data on Parking Occupancy and Distribution Staff has been collecting parking occupancy data within the Downtown neighborhoods and within the parking assessment district facilities since 2011. Following implementation of the Downtown RPP Program, staff has conducted on- and off-street parking occupancy counts and RPP permit-specific distribution counts (parking distribution by employee and resident permits). Phase 1 of the Downtown RPP Program successfully reduced the overall number of vehicles parked in the Downtown RPP Program district by approximately 300 to 400 vehicles, a number determined by calculating the number of vehicles parked at midnight subtracted from the average number of vehicles parked at noon. While overall parking occupancies decreased, employees were still parking primarily on the streets nearest to the Downtown core and SOFA. Phase 2 introduced employee parking zones (Attachment D), which were designed to distribute employee parking throughout the Downtown RPP Program district more equitably. The total number of permits available to employees and employers was capped at 2,000, and those permits were assigned to the individual zones based on the total number of available on-street parking spaces in each zone. Attachment E shows parking occupancy data collected in the neighborhoods before and after City of Palo Alto Page 5 Phase 2 implementation, collected on March 24, May 19, and June 30 respectively. The parking occupancy data collected in May is roughly one month after enforcement of the new Phase 2 program began, and the June data is approximately two and a half months into enforcement. Improvements in the streets immediately adjacent to the Downtown core and SOFA areas are apparent, indicating that the parking in the neighborhoods has settled into the Phase 2 program and vehicles are not clustering on the streets nearest to the Downtown core and SOFA with as much frequency. Most block faces are at or below 85% occupancy, meaning that there are one or two parking spaces available on most blocks during most times. Parking permit data was collected during the midday peak at each of the data collection sessions. In June 2016, the permit data indicates that of a total vehicle count of over 3,000 in the Downtown RPP Program district, approximately 13% of vehicles parked displayed a long- term employee parking permit. Parking distribution for vehicles displaying resident permits, employee permits, and no permits are contained in Attachment F. Data collection in the Downtown commercial core, including on-street and off-street occupancies, was conducted during the same time period. High occupancies were noted throughout, and additional information will be provided in early 2017 as part of the Downtown Parking Management Study, which is currently underway. Garage permit sales have continued to be high through Phase 2 of the Downtown RPP program, and most Downtown garages have waitlists for permits at present. Petitions from Eligible Streets As updated in December 2015, the City-wide RPP Ordinance enables the creation of eligibility areas adjacent to existing RPP districts. As such, an eligibility area was created through Resolution 9577, whereby streets within the area are pre-approved by City Council to opt into the Downtown RPP Program district through an administrative process. This process requires residents to self-organize and submit a petition including signatures from at least 50% of households on the block requesting addition to the Downtown RPP Program district. The City will then mail a survey to all households on the block regarding the program, and at least 70% of households must reply with a positive response to the mail survey. If the required response is received, the block will be approved for inclusion into the Downtown RPP Program district, and signage installation will be scheduled and permit information will be shared with residents. To date, the following streets have participated in the opt-in process for the Downtown RPP district: Table 2. Status of RPP Eligibility Area Opt-In Requests (as of July 2016) Street Status 500 block of Hale Street Approved; pending signage installation 600 block of Hale Street Not approved; less than 70% approval on mail survey 800 block of Palo Alto Avenue Approved; pending signage installation City of Palo Alto Page 6 Source: Planning Department, Transportation Division, July 2016. Timeline Downtown Residential Preferential Parking (RPP) Program Phase 2 permits expire on March 31, 2017. Staff expects to return to City Council in early 2017 with program information to support making the program permanent, and will include any recommended modifications required to support a permanent program. Resource Impact The operations of the Downtown Residential Preferential Parking (RPP) Program Phase 2 are fully-funded in the FY2017 Operating Budget. Staff will include a discussion of projected on- going revenues and expenditures under a permanent program in the Action Item to be scheduled for early 2017. Policy Implications The implementation of Phase 2 of the Downtown Residential Preferential Parking (RPP) Program is consistent with the three-pronged approach staff has presented to optimize parking within the Downtown core. It is also consistent with the following Comprehensive Plan goals: 1. Goal T-8, Program T-49: Implement a comprehensive program of parking supply and demand management strategies for Downtown Palo Alto 2. Policy T-47: Protect residential areas from the parking impacts of nearby business districts Environmental Review Adoption of a resolution regarding an Downtown Residential Preferential Parking (RPP) Program is exempt from review under 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 document may have a significant effect on the environment and Section 15301 in that this proposed document will have a minor impact on existing facilities. Attachments: Attachment A: Draft Resolution Amending Downtown RPP Districts Phase 2 (PDF) Attachment B: Staff Report 6788 New RPP District Implementation (PDF) Attachment C: Downtown RPP District Map (PDF) Attachment D: Downtown RPP Employee Parking Zones (PDF) Attachment E: Parking Occupancy Counts (PDF) Attachment F: Permit Parking Distributions (PDF) NOT YET APPROVED Resolution No. _____ Resolution of the Council of the City of Palo Alto Amending Resolution No. 9577 to Expand Eligibility Area of Phase 2 of the Downtown Residential Preferential Parking District Pilot Program R E C I T A L S A. California Vehicle Code Section 22507 authorizes the establishment, by city council action, of permit parking programs in residential neighborhoods for residents and other categories of parkers. B. A stakeholders’ group comprised of Downtown residents and business interests has been meeting to discuss the implementation of Residential Preferential Parking Districts (RPP Districts). C. On December 15, 2014 the Council adopted Ordinance No. 5294, adding Chapter 10.50 to Title 10 (Vehicles and Traffic) of the Palo Municipal Code. This Chapter establishes the city-wide procedures for RPP Districts in the city. D. On December 2, 2014, the Council adopted Resolution No. 9473 implementing a Downtown Neighborhood preferential parking pilot program. The implementation anticipated a two phased pilot program. Permits issued for Phase 1 of this pilot program expired on March 31, 2016. E. On February 23, 2016, the Council adopted Resolution No. 9577 amending Resolution No. 9473 to implement Phase 2 of the pilot program. Permits issued for Phase 2 will expire on March 31, 2017. F. The Council desires to expand the eligibility area for Phase 2 of the Downtown Neighborhood preferential parking program pilot established by Resolution 9577. These modifications shall only apply to Phase 2 of the pilot. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES to AMEND Resolution No. 9577, as follows: SECTION 1. Duration and Trial Period. The following provisions shall apply to Phase 2 of the Trial Period for the Downtown RPP District: Permanent Regulations: The RPP District shall remain in force until the City Council takes action to extend, modify, or rescind. The City Council shall consider whether to make the RPP District and its parking program permanent, modify the District and/or their parking regulations, or terminate them no later than December 31, 2016on or before March 31, 2017.” 1 160722 jb 0131540 Rev. July 25, 2016 NOT YET APPROVED Eligibility Areas. The areas shown on Exhibit A are eligible for administrative annexation as provided in Palo Alto Municipal Code Section 10.50.085. SECTION 2. CEQA. This resolution 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 resolution 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 3. Supersede. To the extent any of the provisions of this resolution are inconsistent with the Phase 2 regulations set forth in Resolution 9473, this resolution shall control. SECTION 4. Effective Date. This resolution shall take effect immediately. Enforcement shall commence, pursuant to Chapter 10.50 and the California Vehicle Code, when signage is posted. 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 2 160722 jb 0131540 Rev. July 25, 2016 Zone Boundaries Permit Allocation 1 Lytton Avenue between Alma Street and Webster Street (where RPP restrictions are in place) 300 blocks of: Alma Street, High Street, Emerson Street, Ramona Street, Bryant Street, Waverley Street, Kipling Street, Cowper Street Everett Avenue between Alma Street and Webster Street 75 2 200 blocks of: Alma Street, High Street, Emerson Street, Ramona Street, Bryant Street, Waverley Street, Kipling Street, Cowper Street Hawthorne Avenue between Alma Street and Webster Street 120 3 100 blocks of:Alma Street,High Street,Emerson Street,Ramona Street, Bryant Street, Waverley Street, Kipling Street, Cowper Street Palo Alto Avenue between Alma Street and Webster Street Poe Street Ruthven Avenue Tasso Street 225 4 Palo Alto Avenue between Webster Street and Guinda Street 600 block of Hawthorne Avenue 600 and 700 blocks of Everett Avenue, Lytton Avenue, University Avenue 100-500 blocks of Webster Street, Byron Street, Middlefield Road, Fulton Street 190 5 600 and 700 blocks of Hamilton Avenue 200-700 blocks of Forest Avenue and Homer Avenue 700 blocks of Ramona Street, Bryant Street, Waverley Street, Cowper Street 600-700 blocks of Webster Street, Byron Street, Middlefield Road, Fulton Street 175 6 800 blocks of Ramona Street, Bryant Street, Waverley Street, Kipling Street, Cowper Street, Webster Street, Middlefield Road Channing Avenue between Ramona Street and Guinda Street 100 7 900 blocks of Ramona Street, Bryant Street, Waverley Street, Cowper Street, Webster Street, Middlefield Road Addison Avenue between High Street and Guinda Street 135 8 1000 and 1100 blocks of High Street,Emerson Street,Ramona Street, Bryant Street, Waverley Street,Cowper Street,Webster Street, Byron Street,Middlefield Road, Fulton Street Lincoln Avenue and Kingsley Avenue between Alma Street/Embarcadero Road and Guinda Street Embarcadero Road from Alma Street to Kingsley Avenue 365 9 1200 block of Bryant Street 1200-1300 blocks of Waverley Street 1200-1400 blocks of Cowper Street, Webster Street, Byron Street 1300-1400 blocks of Tasso Street 1200-1500 blocks of Middlefield Road 1200-1300 blocks of Fulton Street Melville Avenue between Embarcadero Road and Guinda Street Kellogg Avenue between Cowper Street and Middlefield Road Embarcadero Road between Kingsley Avenue and Middlefield Road 25 (245)* 10 Guinda Street between Palo Alto Avenue to Melville Avenue Palo Alto Avenue between Guinda Street and Hale Street 800 blocks of Lytton Avenue and Homer Avenue 800 and 900 blocks of University Avenue, Hamilton Avenue 800-1100 blocks of Forest Avenue Boyce Avenue between Guinda Street and Hale Street 1000-1100 blocks of Fife Avenue 800-900 blocks of Channing Avenue and Addison Avenue 800-1000 blocks of Lincoln Avenue 800 block of Melville Avenue 500 block of Chaucer Street 1000 and 1100 blocks of Hamilton Avenue 55 (370)* Total Permits 2000 *A portion of permits in this zone will be held in reserve and released as additional streets opt into the Downtown RPP district. Exhibit A City of Palo Alto (ID # 6788) City Council Staff Report Report Type: Action Items Meeting Date: 5/9/2016 Summary Title: New RPP District Implementation Title: Direction to Staff Regarding Implementation Priority for the following New Residential Preferential Parking (RPP) Districts: a portion of Crescent Park, the Edgewood Plaza area, the Southgate and Evergreen Park Neighborhoods From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council determine implementation priority for new proposed RPP programs and direct staff to move forward with the outreach and stakeholder process for the priority program(s). Executive Summary Beginning in early 2014, the City has been actively addressing parking and transportation challenges throughout the City using a strategic, multi-faceted approach focused on parking management, parking supply, and transportation demand management programs. Parking management strategies have included the development of a city-wide Residential Preferential Parking (RPP) ordinance, which was adopted in December 2014, as well as establishment of a new RPP district in residential areas surrounding Downtown. The city-wide RPP ordinance includes parameters for neighborhoods to petition and request a new RPP district, or to request annexation to an existing RPP district. Petitions for new RPP districts are accepted until March 31st of each year and the City received four petitions this year from the Southgate neighborhood, the Evergreen Park neighborhood, from several streets within the Crescent Park neighborhood, and for a street adjacent to Edgewood Plaza. This staff report discusses the resident-organized petitions for new RPP districts, and requests Council prioritization. Pursuant to the city-wide RPP ordinance, the Planning and Transportation Commission is being asked for a recommendation on prioritization on April 27 and minutes of their meeting will be forwarded when available. Background and Discussion City of Palo Alto Page 1 Per the City-wide RPP Ordinance, residents may self-organize and request the formation of an RPP district in their neighborhood. The process, as outlined in the Ordinance, is as follows: 1. Residents must request a petition from the Planning and Community Environment Department. The petition includes a narrative portion and a signature form to demonstrate resident support. 2. The Director of Planning and Community Environment will review all petitions received by March 31 of that year. 3. Following receipt of the petitions, staff will review and bring the complete petitions to the Planning and Transportation Commission for prioritization. The Planning and Transportation Commission will provide feedback and prioritization on April 27, 2016 (Attachment A when available). 4. After prioritization, Staff will initiate work on the priority RPP district(s), and the assumption has been that limited resources will likely preclude the simultaneous processing of all requests (hence the need for prioritization). Staff’s work will include gathering additional information, community outreach, and stakeholder engagement. This process includes parking occupancy counts and a stakeholder process to develop a program that meets the needs of all parties as best as possible. At the end of the stakeholder engagement process, the City Attorney will prepare a draft resolution containing the parameters of the proposed district(s). 5. Staff will bring the proposed RPP District to the Planning and Transportation Commission by the end of September of the same calendar year. The PTC will review the draft resolution and make a recommendation to City Council regarding the RPP district. 6. Following these steps, the City Council will hold a public hearing to review the proposed resolution, and to adopt, modify, or reject the proposal. As of March 31, 2016, staff has received petitions for the following neighborhoods: Crescent Park (Attachment B) Date submitted: January 2016 Boundary: 1000 and 1100 blocks of Hamilton Avenue, 500 block of Chaucer Street Background: A petition to add the 500 and 600 blocks of Hale Street, the 1000 and 1100 blocks of Hamilton Avenue, and the 500 block of Chaucer Street to the Downtown RPP district was received by staff in early January. The blocks of Hamilton Avenue and Chaucer Street are outside the approved Eligibility Area for the Downtown RPP district, and the neighborhood was advised that the petitions received would be evaluated as a request for a new RPP district. Resident-Requested Program Parameters: Residents have indicated interest in resident permits only, although the petitions were initially submitted to annex into the existing Downtown district which does offer employee permit parking. Streets could either annex into the existing Downtown RPP district, or a small, new district could be formed. Parking Occupancy Levels: None Submitted Potential Implications: The formation of a new, resident only RPP district on these few City of Palo Alto Page 2 streets would result in employee vehicles moving to other adjacent streets such as those within the existing Crescent Park NOP areas. Outreach would be necessary beyond the streets initially identified in the petitions. The Downtown RPP district boundary has been finalized, and would require Council direction and an updated resolution to modify. Edgewood Plaza (Attachment C) Date submitted: October 2015 Boundary: Greer Road/Edgewood Drive to Channing Avenue/West Bayshore Road to St. Francis Drive/Channing Avenue. Background: Petition notes parking intrusion from East Palo Alto and from Edgewood Plaza. Parking congestion is noted daily and on weekends, as well as overnight parking on the weekdays. Signatures were collected from 13 residents on Edgewood Drive. Resident-Requested Program Parameters: No specific program was requested. Petition notes daytime and overnight parking intrusion, and makes a reference to deterring non- resident parking. Parking Occupancy Levels: None Submitted Potential Implications: This is a very small area to consider implementing a permit program, and would likely need to be looked at as part of an existing program or a larger area for a focused program. Additional inquiries have been made in this area regarding overnight parking restrictions. Southgate (Attachment D) Date submitted: February 2016 Boundary: Southgate neighborhood, including Churchill Avenue between El Camino Real and Alma Street, Mariposa Avenue, Manzanita Avenue, Madrono Avenue, Escobita Avenue, Portola Avenue, and Miramonte Avenue. Background: Residents submitting the petition note parking overflow primarily on weekdays from 8 a.m. to 4 p.m., and during school hours when Palo Alto High School is in session. The petition notes primary generators of the parking impact are Palo Alto High School students, employee parking from nearby medical offices, PAUSD offices, and Stanford employees and students. The designated bike boulevard on Castilleja has resulted in a high volume of cyclists in the neighborhood that are impacted by the narrow streets and saturated parking. Residents submitted a petition signed by 169 residents. Parking Occupancy Levels: Residents submitted occupancy counts to City staff in March 2016 (Attachment E), collating data collected over a time period of November 2015 through March 2016. The occupancy studies indicate high levels of parking on streets in the northern portion of Southgate, including several streets reportedly in excess of 90% occupancy at 10 a.m. South of Manzanita, streets are less occupied, ranging from 14 to 83% of total capacity at 10 a.m. The reported occupancies reduce to a maximum of 56% occupied at 4 p.m., with most streets less than 40% occupied. Resident-Requested Program Parameters: Specific program parameters were not noted City of Palo Alto Page 3 in the petition, and would be addressed and proposed based on the community outreach and stakeholder process. Residents note a daytime parking intrusion. Potential Implications: Establishment of a resident-only permit parking program in Southgate would not address the root causes of the parking overspill. An in-depth community outreach and stakeholder process would be necessary to address the causes of the parking issue and to establish other options for those who are parking in the neighborhood. Engineering and enforcement solutions for the neighborhood, including red curb, passing areas, and timed parking restrictions may be an option to pursue in lieu of or in addition to a permit program, and should be considered prior to or in tandem with the implementation of an RPP District Evergreen Park (Attachment F) Date submitted: March 2016 Boundary: El Camino Real, Cambridge Avenue, and Park Boulevard Background: The petition and attached letter requests annexation of the non- commercial core of Evergreen Park into the existing College Terrace RPP program. Residents note parking overflow on weekdays, and attribute the parking impacts to employees of neighboring businesses, employees from nearby office buildings, Caltrain commuters, and Stanford University affiliates including faculty, staff, students, and visitors. Residents have also noted safety concerns related to bike routes in the neighborhood. ouncilmembers Duois, Filseth, Holman, and Schmid have submitted a olleagues’ Memo recommending that ouncil direct Staff to return with either a “ollege Terrace- like” RPP with resident-only parking established by amending the College Terrace RPP, or a new RPP district under the city-wide RPP ordinance, but on an accelerated timeline with either zero non-resident permits or a small number (for example, ten percent) of the permits available to merchants and personal services in the California Avenue Ground Floor Retail District. The colleagues’ memo also requests that staff investigate allowing merchants and personal services in the California Avenue Ground Floor Retail District to share existing and new parking permits among their own employees. Resident-Requested Program Parameters: Evergreen Park residents have requested to be annexed into the existing College Terrace resident-only parking permit program. Parking Occupancy Levels: Residents submitted occupancy counts to City Staff dated October 2015. The counts indicate parking saturation in excess of 90% of capacity, and on several blocks more than 100% occupancy, particularly on College Avenue and Oxford Avenue and adjacent blocks, and along El Camino Real and the adjacent blocks. Potential Implications: While annexation into an existing program would be a simplified approach from the planning perspective, a stakeholder process and community outreach process is recommended to develop a program that provides for residents and employees and could include permits for on-street parking, as well as parking management strategies at California Avenue lots and garages to increase supply, or evaluation of public-private parking partnerships. City of Palo Alto Page 4 Given the nature of the petitions received and the limitations in terms of staff resources to accomplish more than one new RPP district in this fiscal year, Staff requests Council to review the petitions and PTC prioritization list, and provide direction regarding which RPP district to move forward into implementation. Policy Implications The implementation of Residential Preferential Parking districts is consistent with Comprehensive Plan Policy T-47: Protect residential areas from the parking impacts of nearby business districts. Evaluation and implementation of each program would be conducted as follows: Crescent Park: Per the City-wide RPP Ordinance, staff would conduct a community outreach and stakeholder process to design a program for the area. If the neighborhood wishes to be annexed to the adjacent Downtown RPP program rather than establish a new program, further City Council action would be necessary. Edgewood Plaza: Per the City-wide RPP Ordinance, staff would conduct a community outreach and stakeholder process to design a program for the area. If the neighborhood wishes to be annexed to the Downtown RPP program or Crescent Park No Overnight Parking programs rather than establish a new program, further City Council action would be necessary. Southgate: Per the City-wide RPP Ordinance, staff would conduct a community outreach and stakeholder process to design a program for the area, ideally starting with a community forum to solicit feedback and identify stakeholders to participate in the process. At the conclusion of the stakeholder process, which would include residents as well as the source(s) of parking intrustions, the City Attorney will draft a resolution for evaluation by City Council to adopt, modify, or reject the proposed RPP district. Evergreen Park: If directed by Council to annex Evergreen Park to the existing College Terrace RPP district outside of the process set forth in the City-wide RPP ordinance, staff would work with the ity !ttorney’s office to develop a draft resolution proposing a program boundary. Following adoption of the resolution by City Council, staff would begin field work for signage and order additional permits for the newly annexed streets. Staff would need to evaluate staff impacts of handling permit fufillment and enforcement internally as is currently done for the College Terrace program instead of using contractors (similar to the Downtown RPP district). Resource Impact The Fiscal Year 2017 Proposed Capital Improvement Budget includes funding of $300,000 for the creation of future RPP programs. There is no approved budget at this time for the operations of any new RPP program. Operating impacts are expected to include equipment and staff time to manage the program, customer service, office supplies, parking enforcement, and bank card charges. City of Palo Alto Page 5 ** Assume services provided by COPA and PAPD staff as in College Terrace RPP Source: Planning Department, April 2016 Based on the associated costs with implementation of a new RPP district, including signage, enforcement, permit sales, customer service, and staff time, staff estimates that the requested Fiscal Year 2017 Capital Improvement Fund budget of $300,000 is sufficient for the start-up of one new RPP district in the next fiscal year. Pricing of parking permits will be based on the City ouncil’s direction on the cost recovery level to be applied to these programs. Timeline Staff anticipates beginning a community outreach and stakeholder process for the priority RPP program immediately upon direction by City Council. Environmental Review The City Council decision this evening is expected to provide conceptual direction for a new RPP district in Palo Alto. Specific parameters for the new RPP district would be subject to approval of a formal resolution at a later date. That resolution would address compliance with the California Environmental Quality Act (CEQA). Attachments: Attachment A: Planning and Transportation Prioritization At Places Document (DOCX) Attachment B: Crescent Park RPP Petition (PDF) Attachment C: Edgewood Drive Petition (PDF) Attachment D: Southgate RPP Petition (PDF) Attachment E: Resident-Submitted Southgate Parking Study_2015-2016 (PDF) Attachment F: Evergreen Park RPP Petition (PDF) City of Palo Alto Page 7 ATTACHMENT A PLANNING AND TRANSPORTATION COMMISSION PRIORITIZATION This document will be presented as an At Places item on May 9, 2016 Staff will be drafting the document based on the April 27th P&TC Meeting Attachment B - Attachment C - Attachment D - Neighborhood Petition Form City of Palo Alto Residential Parking Permit Program Request FormThe purpose of this form is to enable neighborhoods to request the initiation of a ResidentialPreferential Parking Program in accordance with the City of Palo Alto’s adopted Residential ParkingPermit Program Policy and Procedures. This form must be filled out in its entirety and submitted with any request to: The City of Palo AltoTransportation Department 250 Hamilton Avenue Palo Alto, CA 94301 Feel free to attach additional sheets containing pictures, occupancy maps, additional testimony or additional text if the space provided is insufficient. 1. Requesting Individual’s Contact Information Name: Christine Shambora (main contact) Jim McFall, Keith Ferrell, Nancy Shepherd Address: 1565 Castilleja Avenue, 94306 Phone Number: 650 868-7523 Email(optional):christineshambora@gmail.com 2. Please describe the nature of the overflow parking problem in your neighborhood. 1. What streets in your neighborhood do you feel are affected by overflow parking? Castilleja Ave, Mariposa Avenue, Manzanita Avenue, Madrono Avenue, Escobita Avenue, Portola Avenue and Miramonte Avenue and Churchill between El Camino and Alma. 2. How often does the overflow occur? Primarily on weekdays from 8am to 4pm; during school hours when Palo Alto High School is in session. Although not the focus of this application, there are also significant parking impacts in our neighborhood during Palo Alto High School and Stanford University football games whichunderscores the non-residential parking burden the Southgate neighborhood bears and the unusual nature of our situation. 3. Does the impact vary from month to month, or season to season? The greatest impact is when Palo Alto High School is in session, however we are beginning to experience Stanford employee and student parking, as well as employees from nearby medical offices, which occurs at all times during the year. Southgate RPP Page 1 of 42 SOUTHGATE RPP APPLICATION Page 1 3. Can you identify a parking impact generator that is the cause of overflow parking in the neighborhood? Are there any facilities (churches, schools, shopping centers, etc.) near this location that generate a high concentration of vehicle and pedestrian traffic? Please list your understanding of the causes: -The primary impact is from Palo Alto High School students using Southgate neighborhood streets for school parking. -Secondary impact is employee parking from nearby medical offices, as well as from the PAUSD office, and Stanford employees and students. -A recent trend that has been observed is commuters parking in the neighborhood and walking or biking to other transportation links, e.g., CalTrain, SC Valley Transit (on El Camino). -These generators and related neighborhood parking problems are exacerbated by the unusually narrow public streets in Southgate. When cars are parked on both sides of the street it reduces travel to a single narrow lane. In such cases, the narrow, single lane cannot accommodate larger emergency vehicles or even delivery trucks that are now common to normal residential uses (e.g., UPS, FedEx, etc.) Further, normal neighborhood construction and service vehicles access, including garbage trucks, is difficult and in many cases impossible. We are losing our ability to make normal residential use of our neighborhood streets. 4. Please describe how a Residential Parking Permit Program will be able to eliminate or reduce overflow parking impacting the neighborhood: An RPP will eliminate the use of Southgate streets for overflow parking of Palo Alto High School students, employees of local medical offices, PAUSD District employees and Stanford employees and students, as well as the recent trend for commuter parking. 5. Is there neighborhood support for submittal of this Residential Parking Permit Program application? Have you contacted your HOA/Neighborhood Association? A neighborhood meeting was held on December 3, 2015, a weekday morning with a strong turnout of 38 neighbors with City Transportation staff in attendance. Notice of the meeting was provided through the neighborhood email list (Southgate Watch) and a meeting notice was posted on Next Door Southgate. Leaflets were also distributed to each residence. In January ten residents on various streets in the Southgate neighborhood carried petitions to solicit signatures for the application. That effort was successfully completed resulting in contact with most residents in Southgate. In a few cases signatures were not obtained due to homes being for sale, under construction or residents away for an extended period. The results: 95% of residents who were contacted signed the petition and support proceeding with the RPP process. (See attached map, Exhibit 1.) Southgate RPP Page 2 of 42 SOUTHGATE RPP APPLICATION Page 2 Additional Information: BACKGROUND Southgate is a neighborhood along Churchill Avenue between Alma and El Camino.In the early 80’s the street linking Southgate to the Evergreen Neighborhood was closed in an effort to reduce cut-through traffic. This reduced the Southgateneighborhood entry roadways to three streets off Churchill and one off El Camino.The three Southgate entryway streets from Churchill (Madrono, Castilleja and Mariposa) are narrow 24 feet wide streets, making it difficult and dangerous for traffic, including the Castilleja public bike boulevard use, when significant numbers of cars are parked on the streets. BIKE BOULEVARD Castilleja Avenue has also been designated by the city as a public Bike Boulevard that has resulted in a very high volume of cyclists. Due to the saturated parking onCastilleja Avenue, visibility is impaired and that, along with the narrow street width,makes bike and auto movement very hazardous and has created an extreme safetyconcern, particularly for Paly student bikers and pedestrians. EMERGENCY RESPONSE In the event of an emergency, fire trucks and ambulances have reduced access to neighborhood residences when a large volume of cars are parked on both sides ofthe streets; currently a common occurrence on weekdays. CITY SERVICES Recently, street sweepers have had difficulty cleaning streets due to the large number of cars parked on the streets. In addition, garbage and recycling trucks have experienced difficulty getting through streets due to the reduced clear traffic lanewidth with the increased parking activity. COMMERCIAL SERVICES Delivery trucks, again due to the narrow streets, have experienced challenges inaccessing Southgate when high volume parking has occurred. A recent delivery problem, and potential safety hazard, occurred when a FedEx truck could not navigate down Castilleja Avenue, with cars parked opposite each other, and was forced to back up onto Churchill Avenue. A Southgate neighbor, who was behind theFedEx truck, was also forced to back up onto Churchill. There have also been debris box delivery and pickup problems because of the many cars which arrive on weekdays and park curbside. PROXIMITY TO PALO ALTO HIGH SCHOOL AND PAUSD DISTRICT OFFICES Due to ongoing construction at the High School and increasing enrollment (projectedto grow to 2400 students from 1950 students (currently) by 2020) the school has lostparking and will continue to be unable, under the current parking configuration, to meet the demand for student parking or student parking for the adult school . The neighborhood has reached out to the High School Administration repeatedly for helpin addressing theses overflow parking issues that impact our neighborhood withoutany response to work toward possible solutions. The PAUSD District Office parking generally appears to be at or near capacity mostdays of the week. If community wide meetings are held at their offices the need for parking often exceeds supply and Southgate becomes the de facto overflow parkinglot. Southgate RPP Page 3 of 42 SOUTHGATE RPP APPLICATION Page 3 GROWING PARKING INTRUSION FROM STANFORD Southgate residents have begun to observe a number of people parking in the neighborhood and heading to Stanford. In many cases these people, after parking, remove a bicycle from the trunk of their car and then ride onto the Stanford Campus. El Camino Real is now parked solidly from Stanford Avenue to Palm Drive all day, Monday through Friday, thus creating a spillover of parking into the Southgate neighborhood. ATTACHED EXHIBITS EXHIBIT 1- Southgate map with petition results EXHIBIT 2- Southgate and Comprehensive Plan Policies EXHIBIT 3- Ongoing Parking and Traffic Issues: Resident’s comments EXHIBIT 4- Vlasic letter EXHIBIT 5- Southgate Parking/Safety Impacts-Photos Southgate RPP Page 4 of 42 SOUTHGATE RPP APPLICATION Page 4 Mariposa Southgate RPP Page 21 of 42 EXHIBIT 2 Southgate Residential Parking Permit Petition Consistent with and Supports Implementation of Existing and Draft Proposed Palo Alto Comprehensive PlanGoals and Policies Existing and proposed Comprehensive Plan goals and policies call for protecting, preserving and enhancing the residential character and qualities of the City’s Single Family Residential Neighborhoods. As this petition demonstrates, heavy daily parking from non-residential uses, including particularly Paly High students, employees and visitors and also employees of adjacent non-residential activities, has dramatically reduced and not “protected, preserved or enhanced” the residential character and qualities of the Southgate single family neighborhood. Granting this petition will go a long way towards returning our neighborhood to it’s former residential character and implementing the comprehensive plan objectives as set forth, particularly, in the draft plan. We focus on these plan visions and policies as they are more reflective of the current challenges facing the city and the more current view of the City decision makers as to how these should be addressed. (Emphasis added with italics.) LAND USE AND COMMUNITY DESIGN ELEMENT Proposed Vision: Palo Alto’s land use decisions shall balance our future growth needs with the preservation of our neighborhoods, address climate protection priorities and focus on sustainable development near neighborhood services, and enhance the quality of life in our community. Southgate comment: The current parking situation is not residential neighborhood in character. As detailed elsewhere in this petition, Southgate has become a Paly parking lot. Our very narrow streets cannot support our own neighborhood use and a public parking lot use. We have lost part of our property rights pertaining to safety, emergency access and our own use of our street frontages for street sweeping and garbage collection that are rights enjoyed in other city neighborhoods not impacted like Southgate. We pay taxes for things like street sweeping and safe emergency and other access to our property and we are not receiving value equal to our costs. TRANSPORTATION ELEMENT Proposed Vision: Maintain and promote a sustainable network of safe, accessible and efficient transportation and parking solutions for all users and modes, while protecting and enhancing the quality of life in Palo Alto neighborhoods including alternative and innovative transportation practices and supporting regional transit facilities and reduction of greenhouse gas emissions. Southgate comment: The same comment as above, but with emphasis on safety and accessibility. Southgate RPP Page 26 of 42 Transportation Vision Element Statement (excerpt). Palo Alto . . . Streets will be safe and attractive, and designed to enhance the quality and aesthetics of Palo Alto neighborhoods. Emphasis will be placed on alternatives to the automobile, including walking, bicycling, public transit, and car and van pooling. The adverse impacts of automobile traffic on the environment in general, and residential streets in particular, will be reduced. Solutions that reduce the growth in the number of automobiles on City streets, calm or slow traffic, and save energy will be supported. PROGRAM T-7: Encourage the Palo Alto Unified School District to use parking fees, regulations, and education to discourage students from driving to school. 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-39: To the extent allowed by law, continue to make safety the first priority of citywide transportation planning. Prioritize pedestrian, bicycle, and automobile safety over vehicle level-of-service at intersections. POLICY T-40: Continue to prioritize the safety and comfort of school children in street modification projects that affect school travel routes. The safety of children traveling to and from school has always been a high priority. Because more parents now regularly drive their children to school, safety concerns from school traffic congestion have increased. POLICY T-53: Discourage parking facilities that would intrude into adjacent residential neighborhoods Southgate comment: It is clear that the current Southgate non-residential parking situation is fully inconsistent with the intent of these transportation objectives/policies. Safety for use of the City designated Castilleja bike boulevard is at high risk. Pedestrian safety is compromised throughout the neighborhood and residents have difficulty safely exiting their properties in their own vehicles, including bikes. There are many small children in the neighborhood and their safety is significantly compromised due to the limited sight distance with cars park continuously along curbs up to and crossing residential driveways. No matter what, the school district must be involved in the discussions to ensure that they appreciate the concerns and city objectives, as set forth above, and in the existing bike plan for the city. Moving ahead with this parking petition will be essential in helping the city work toward achieving the community land use and transportation objectives that have existed for some time in the comprehensive plan and that are currently being articulated more carefully as we look ahead to the protecting the future character of the community. Southgate RPP Page 27 of 42 EXHIBIT 3 ONGOING PARKING AND TRAFFIC ISSUES-SOUTHGATE NEIGHBOR’S COMMENTS Southgate neighbors share some of the current difficulties with the increasing congestion and traffic: GENERAL SAFETY “…Garbage service and emergency access is being impacted and more importantly general traffic flow is awful with safety to pedestrians, drivers and vehicles all at high risk. Cars have been scraped and rear view mirrors are now routinely hit. The streets are all way too narrow to accommodate the current scope of non Residential parking…” “…having so many non-residential cars in the neighborhood makes for heavier traffic and decreased safety for kids on bikes and scooters or just playing in their front yards. “I am concerned about access for first responders. I recently spoke with a Palo Alto Fire Captain who recalled an emergency medical call several years ago when, arriving in Southgate, his team could not get to the site of the emergency. They had to stop, due to congestion on the street, and walk a block to the site on Castilleja.” Note: drawings are drawn to scale. “Two instances in the past 90 days of cars parking too close to a fire hydrant. In once instance, the hydrant was blocked completely. These incidents occurred on the southwest corner of Manzanita and Escobita.” “I worry that public safety vehicles may need to come during the day on a moment's notice AND could easily find the streets connecting to Churchill unpassable or difficult to navigate.” “Students speeding in neighborhood as they try to find parking and opening their car doors without looking. Students also park on corners which blocks all visibility.” “Every single day, whether I am walking or driving during the morning and mid afternoon hours I either experience this myself or see cars having to back up to let others come into Mariposa or Castilleja. Many times this involves a car having to back up onto Southgate RPP Page 28 of 42 Churchill to let a car coming out of one of these two streets navigate on to Churchill. Cars are lined up along the curbs on the first part of each of these streets so there is no way for cars coming out of the street to pull over making it necessary for cars coming in to stop traffic on Churchill as they back out. On these two streets there are also cars that shoot down the street at higher than safe speeds trying to make it to the end of the street before another car turns onto the street so they don’t have to pull over. It’s a crazy mess for sure and a dangerous situation to say the least.” BICYCLE SAFETY “The car congestion on Castilleja raises similar concerns that it becomes a less-safe bike boulevard. It is hard to see bikes because so many cars are along the street, you can't see down the street (Castilleja) until you have almost pulled into it from Manzanita.” “I had a situation where I tried to turn on Castilleja to be confronted by a oncoming truck who had no where to go as there were cars on each side. So I reversed back on Churchill Avenue and into the path of a cyclist.” “I dread going through the intersection of Miramonte and Castilleja. Twice I have been startled by racing bicyclists heading towards Churchill and Paly. There is no way to see them easily as they are blocked by the parked cars on both sides of Castilleja. I have inched out and inched out and am almost in the center of the intersection before I can actually see them.” “In the mornings after 9am Castilleja and Mariposa are now filled bumper to bumper with cars and there is no where for a car to move out of the way for either a cyclist or an oncoming car from the opposite direction.” “I also encounter bikers using the Castilleja Bike Boulevard swerving around cars going up or down the street. It’s almost impossible for bikes and cars to use the street at the same time when each side of the street is filled with parked cars. “ Southgate RPP Page 29 of 42 RESTRICTED DRIVEWAY ACCESS “It is extremely difficult to back out of our driveway with cars parked on either side of driveway and directly opposite the driveway. Very frustrating as we make an effort to keep our cars off the street by parking in driveway/garage.” “Reduced maneuverability backing out of the driveway because cars park across from driveways on narrow streets.” “Cars parking so closely behind other cars that residents are virtually pinned into their parking spots. “ CAR ATTEMPTING TO BACK OUT OF A DRIVEWAY STREET CONGESTION “Streets are already narrow so when cars are parked on either side the streets do not permit two-way traffic flow which often leads to somewhat dangerous procedures where one party has to either reverse, find a driveway, etc. so that the other party can proceed.” “While trying to exit the neighborhood (from Castilleja & Madrono) onto Churchill, we have had to reverse back to the Miramonte intersection when encountering cars entering the neighborhood as there isn't enough room for 2 cars to pass each other and there is nowhere to pull over. Also have to stop if bicyclist is coming opposite direction as unsafe to pass while moving.” “I have seen the Street Sweepers skip our street due to the non-resident parking.” “We also have staff from Stanford and the Medical offices park on the 1600 Portola block and use the Paseo pathway to either go to Stanford University or the Bay Area fertility or Dentist offices on El Camino. “ Southgate RPP Page 30 of 42 _____________________________________________________________________ EXHIBIT 4 Tom & Linda Vlasic 1540 Mariposa Avenue Palo Alto, California 94306 November 22, 2015 To: City of Palo Alto Transportation Staff, City Manager and City Council Membersc/o Christine Shambora From: Tom & Linda Vlasic Subject: Comments on Southgate Parking Issues and Problemsfor December 3, 2015 Neighborhood Meeting Unfortunately we will be out of town at the time of the subject December 3rd meeting. We do, however, want to share the following comments and information for consideration at the meeting and also ask that it be considered by city staff and officials in follow-up to the meeting. The attached photo exhibits underscore our concerns over vehicle, driver, pedestrian and bicycle safety in the neighborhood, particularly in the blocks immediately east of Churchill Avenue. Paly students, staff, general commuter and other non-residential parking is destroying the residential character and, more importantly safety, of our neighborhood. During weekdays the intensity of non-neighborhood parking along the very narrow streets is so great that all street users are at risk and Castellija is no longer a safe bicycle boulevard; many bikers use Mariposa instead. Garbage pick up is jeopardized and emergency vehicle access is impossible. Getting in and out of driveways is extremely hazardous, and parking in front of one’s own property is either not possible or places your car and you at risk of being hit by vehicles. UPS and other deliveries to residents is also seriously impacted. Parking on both sides of the street, now typical during most of the weekday, renders the narrow streets to only one travel lane. Simply put, it is a parking and access mess and certainly an accident waiting to happen. Last week I called the fire department administrative offices to express concern over emergency access and bicycle boulevard safety. I was promised a check and call back, and the return call never occurred. For too long, the school district and City have ignored the situation and the neighbors have tolerated it. We cannot now just wait until an accident of some kind occurs. Someone in the public sector must take responsibility for these narrow public streets that are being used more and more for non-residential purposes, purposes they were clearly not designed or designated for. We ask you to seriously consider the photos herewith, investigate the neighborhood and take actions to remedy the situation. This is a public problem and the City and School District must work together to solve it. The neighborhood is being asked to shoulder the burden for inadequate planning on the part of both the City and School District. We would be pleased to meet with city staff and officials to further outline our concerns. Sincerely, Tom and Linda Vlasic (650) 269-15553cc. Superintendent and Board of Trustees, Palo Alto School District Southgate RPP Page 32 of 42 Conditions Around the Intersection of Castilleja and Manzanita Normal Weekend Conditions, November 2015 Southgate RPP Page 33 of 42 Conditions Around the Intersection of Castilleja and Manzanita Normal Weekday Conditions, November 2015 Southgate RPP Page 34 of 42 Conditions Around the Intersection of Castilleja and Manzanita Normal Weekday Conditions, November 2015 Southgate RPP Page 35 of 42 Conditions Along the 1500 Block of Mariposa Avenue Normal Weekend Conditions, November 2015 Southgate RPP Page 36 of 42 Conditions Along the 1500 Block of Mariposa Avenue Normal Weekday Conditions, November 2015 Southgate RPP Page 37 of 42 EXHIBIT 5 SOUTHGATE-PARKING/SAFETY ISSUES PHOTOS Parked Illegally October 22, 2015: Escobita Ave October 5, 2015: Manzanita Ave May 13, 2013: Castilleja Ave May 9, 2013: Escobita Ave Southgate RPP Page 38 of 42 Page 1 of 5 Parked in wrong direction: both a parking and moving violation as they drive on the wrong side of the road both when parking and exiting. Bike Safety (Nowhere for bikes or cars to go. This is before streets are completely full of cars) November 4, 2015: Castilleja Ave November 4, 2015: Castilleja Ave November 4, 2015: Castilleja Ave Inadequate room for bikes and cars to pass. Southgate RPP Page 39 of 42 Page 2 of 5 Public Services Interruptions May 9, 2013: Escobita Ave Feb 8, 2016: Escobita Ave Garbage trucks cannot access streets Street sweeper cannot clean curbs October 30, 2014: Escobita Ave Southgate RPP Page 40 of 42 Page 3 of 5 Parking Impacts Nov 3, 2015. Castilleja (north) 4:15pm Escobita Driveway Dec 3, 2015: Escobita (north) 11:30am Dec 3 2015: Escobita (north) 3:15pm Dec 4, 2015: Manzanita (east)12:40pm Dec 3, 2015: Manzanita (east) 4:10pm Southgate RPP Page 41 of 42 Page 4 of 5 Dec 4, 2015: Madrono (north) 12:40pm Dec 3, 2015: Madrono (north) 4:10pm Nov 17, 2015: Escobita (north) 12:15pm Nov 17, 2015: Escobita (north) 3:45pm Corner of Castilleja and Manzanita Paly parking lot: Oct 2 2015 8:40 am Numerous spaces available Southgate RPP Page 42 of 42 Page 5 of 5 Attachment E - Southgate Parking Occupancy Study 2015-2016 Methodology: Between the months of November 2015 and March 2016, volunteers performed counts of the cars parked in Southgate. Counts were done at three different times of day to provide a view as to the cause of the parking congestion in the neighborhood. Counts were done at 10am, 4pm and 7pm on different days of the week, in order to provide a random sample. Counts were then averaged and compared to the number of spaces available. In order to calculate the number of available spaces, city staff advised us to use a 20' space as the basis for calculating the number of spaces on each block. The following worksheets provide both summary and detailed information on these counts. The neighborhood occupancy maps show the percentage of spaces occupied at different times of the day. The summary sheets provide the information in table format. Observations The area north of Miramonte sees an increase of over 86 cars, on average, at 10 am compared to 4pm, and an increase of over 95 cars when compared to 7pm. The increase is due to non-residential parking occurring during the day. There are nearly three times as many cars parked north of Miramonte at 10am (129.6 cars) as there are at 4pm (43.3), a 199.4% increase. There are nearly four times as many cars parked north of Miramonte at 10am(129.6 cars) as there are at 7pm (34.4), a 281% increase. Of the blocks north of Miramonte (closest to Churchill), all but two have over 68% of their parking full at 10 am. 9 of those blocks have over 75% of their parking full at 10am. At 7pm, only one of the blocks north of Miramonte is over 60% occupied, 200 block of Manzanita. This is due to a large number of multi-dwelling units on that block. Summary of Southgate Parking Occupancy # of Spaces 10:00 AM 4:00 PM 7:00 PM Available 10:00 AM 4:00 PM 7:00 PM 12.0 2.0 3.0 13 92% 15% 23% 7.3 0.8 0.5 6 121% 13% 8% 200 Manzanita 6.8 5.5 6.3 10 68% 55% 63% 0-29 Churchill 12.8 4.8 1.3 14 91% 34% 9% 30-59 Churchill 7.3 3.3 3.5 6 121% 54% 58% 60--95 Churchill 4.5 2.0 2.0 5 90% 40% 40% 8.0 2.0 2 7 114% 29% 25% 23.3 5.0 3.3 28 83% 18% 12% 1500 Escobita 20.8 2.3 3.5 26 80% 9% 13% 1500 Mariposa 28.8 11.0 6.5 42 68% 26% 15% 1500 Portola 5.3 4.0 5.5 17 31% 24% 32% 1500 El Camino 10.7 5.3 1.3 9 119% 58% 14% 10.5 5.3 4.0 14 75% 38% 29% 7.0 5.5 3.8 21 33% 26% 18% Average number of cars @ Percent Occupied Block North of Miramonte Manzanita (Mad. to Esco) Manzanita (Esco to Cast.) 1500 - 1521 Castilleja 1527 - 1599 Castilleja 1500 - 1515 Madrono 1520 - 1599 Madrono Miramonte and South 1600 Castilleja 8.8 6.3 8.8 40 22% 16% 22% 1600 Escobita 13.8 8.8 5.5 24 57% 36% 23% 1600 Mariposa 7.5 5.8 4.8 44 17% 13% 11% 1600 Portola 8.5 8.3 8.0 18 47% 46% 44% 1600 Madrono 5.0 5.8 3.5 21 24% 27% 17% 1600 El Camino 6.0 2.3 0.5 10 60% 23% 5% 200 Sequoia 3.8 5.0 5.5 13 29% 38% 42% 300 Sequoia 1.5 3.5 3.0 11 14% 32% 27% 400 Sequoia 2.5 2.5 2.5 14 18% 18% 18% 100 Miramonte 3.3 2.8 3.3 10 33% 28% 33% 200 Miramonte 3.3 3.5 1.0 12 27% 29% 8% 300 Miramonte 4.3 5.0 5.3 9 47% 56% 58% 400 Miramonte 5.3 3.8 3.0 13 40% 29% 23% 500 Miramonte 4.8 4.3 3.0 13 37% 33% 23% Notes: 1) Counts were done on 4 different occassions at each time period. 2) Spaces available based on 20' spaces per advice of city staff. Daily Parking Counts Day Friday Friday Wednesday Thursday Friday Wednesday Thursday Tuesday Tuesday Monday Thurs Mon Date 11/20/2015 12/11/2015 2/17/2016 2/18/2016 12/11/2015 2/17/2016 2/18/2016 3/7/2016 3/1/2016 3/6/2016 2/18/2016 2/29/2016 Time 10:00 AM 10:00 AM 10:00 AM 10:00 AM 4:00 PM 4:00 PM 4:00 PM 4:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM North of Miramonte Mariposa 29 27 28 31 10 13 10 11 7 7 6 6 Castilleja 37 28 31 29 11 7 6 4 4 4 6 6 Escobita 21 22 22 18 2 3 1 3 4 4 3 3 Madrono 18 12 20 20 7 11 12 13 3 3 5 4 Portola 6 8 2 5 3 2 7 4 5 5 6 6 Manzanita 25 23 28 28 5 9 11 8 10 10 9 10 Total 136 120 131 131 38 45 47 43 33 33 35 35 Miramonte and South Miramonte 14 18 26 25 13 25 21 18 15 15 15 17 Mariposa 10 6 6 8 5 7 7 4 5 5 4 5 Castilleja 10 7 6 12 7 9 6 3 9 9 8 9 Escobita 11 16 14 14 13 7 8 7 6 6 5 5 Madrono 6 3 6 5 9 4 4 6 3 3 4 4 Portola 6 6 10 12 7 9 10 7 9 9 7 7 Sequoia 2 12 9 8 9 10 13 12 11 11 10 12 Total 59 68 77 84 63 71 69 57 58 58 53 59 Exterior Block Churchill 20 22 28 28 8 12 14 6 7 7 6 7 El Camino Real 15 15 20 0 12 9 1 8 1 1 1 4 Total 35 37 48 28 20 21 15 14 8 8 7 11 Grand Total 230 225 256 243 121 137 131 114 99 99 95 105 Note: 2/18 10am count of El Camino Real not factored in to average. No Parking on Thursdays due to garbage pick up. Parking Comparison by Time of Day Avg # of Cars by Time Increase/(Decrease) in # of cars Percent increase/(decrease) in avg. # of cars % of spaces full 10 00 AM 4 00 PM 7 00 PM 10am vs 4pm 10am vs 7 pm 4pm vs 7 pm 10am vs 4pm 10am vs 7 pm 4pm vs 7 pm # of 20' spaces 10 00 AM 4 00 PM 7 00 PM # of counts 4 4 4 North of Miramonte Mariposa 28 8 11 0 6.5 17.8 22.3 4.5 161.36% 342.31% 69.23% 42 68 5% 26 2% 15 5% Castilleja 31 3 7 0 5 0 24.3 26.3 2.0 346.43% 525.00% 40.00% 35 89 3% 20 0% 14 3% Escobita 20 8 2 3 3 5 18.5 17.3 (1.3) 822.22% 492.86% -35.71% 26 79 8% 8.7% 13 5% Madrono 17 5 10 8 3 8 6.8 13.8 7.0 62.79% 366.67% 186.67% 35 50 0% 30.7% 10.7% Portola 5 3 4 0 5 5 1.3 (0.3) (1.5) 31.25% -4.55% -27.27% 17 30 9% 23 5% 32.4% Manzanita 26 0 8 3 9 8 17.8 16.3 (1.5) 215.15% 166.67% -15.38% 29 89.7% 28.4% 33 6% Total 129.5 43.3 34.0 Total 86.3 95.5 9.3 Total 199.42% 280.88% 27.21% 184 70.4% 23.5% 18.5% Miramonte and South Miramonte 20 8 19 3 15 5 1.5 5.3 3.8 7.79% 33.87% 24.19% 57 36.4% 33 8% 27 2% Mariposa 7 5 5 8 4 8 1.8 2.8 1.0 30.43% 57.89% 21.05% 39 19 2% 14.7% 12 2% Castilleja 8 8 6 3 8 8 2.5 0.0 (2.5) 40.00% 0.00% -28.57% 40 21 9% 15 6% 21 9% Escobita 13 8 8 8 5.5 5.0 8.3 3.3 57.14% 150.00% 59.09% 24 57 3% 36 5% 22 9% Madrono 5 0 5 8 3 5 (0.8) 1.5 2.3 -13.04% 42.86% 64.29% 21 23 8% 27.4% 16.7% Portola 8 5 8 3 8 0 0.3 0.5 0.3 3.03% 6.25% 3.13% 18 47 2% 45 8% 44.4% Sequoia 7 8 11 0 11 0 (3.3) (3.3) 0.0 -29.55% -29.55% 0.00% 43 18 0% 25 6% 25 6% Total 72.0 65.0 57.0 Total 7.0 15.0 8.0 Total 10.77% 26.32% 14.04% 242 29.8% 26.9% 23.6% Exterior Blocks Churchill 24 5 10 0 6.8 14.5 17.8 3.3 145.00% 262.96% 48.15% 25 98 0% 40 0% 27 0% El Camino Real 16.7 7 5 1 8 9.2 14.9 5.8 122.22% 852.38% 328.57% 19 87.7% 39 5% 9 2% Total 41.2 17.5 8.5 Total 23.7 32.7 9.0 Total 135.24% 384.31% 105.88% 44 93.6% 39.8% 19.3% Grand Total 242.7 125.8 99.5 Grand Total 116.9 143.2 26.3 Grand Total 92.98% 143.89% 26.38% 470 51.6% 26.8% 21.2% March 7, 2016 Page 2 Members’ conclusion in the Memo that the City Council should take the “quickest, most efficient way to achieve success” in alleviating the parking problems in the Evergreen Park non-commercial core. The best way to do this is to annex Evergreen Park’s residential streets into the College Terrace RPP district. Evergreen Park meets all the criteria for being designated a RPP district. The Municipal Code allows the City to designate a RPP district if non-resident vehicles substantially interfere with the use of street parking by residents; if that interference is regular; if the interference creates traffic, noise, parking shortages, or other disruptions; and if other parking strategies are not feasible or practical. Municipal Code § 10.50.030. As documented in the EPPP Committee’s parking occupancy surveys and neighbors’ photographs attached to the Neighborhood Petition Form, by mid-morning every weekday, Evergreen Park’s streets are packed bumper-to-bumper with cars, nearly all of which are from outside of the neighborhood. This high parking saturation leaves neighborhood residents unable to park near their homes, prevents them from putting out their trash and recycling bins, impedes street sweeping, and creates traffic and safety problems. No other parking options exist for neighborhood residents. Parking conditions have been like this for years, and neighbors have documented that the situation continues to worsen, especially as more and more office space is developed in the area. The fastest, simplest, most efficient, and most cost-effective way to remedy these adverse impacts of non-resident parking in the Evergreen Park non-commercial core is for the City to annex the Evergreen Park residential streets, as described in the Neighborhood Petition Form, into the College Terrace RPP district. The Municipal Code expressly provides that a street’s residents “may petition the [planning] director for annexation into a contiguous RPP district.” Municipal Code § 10.50.080. This provision allows small areas to be joined to existing RPP districts, thereby saving the City from creating whole new programs for areas adjacent to established RPP districts. Evergreen Park is a perfect example of where annexation to an existing district makes the most sense. Annexing Evergreen Park’s residential streets into the College Terrace RPP district is far more reasonable than going through the extensive procedures for designating a new RPP, as outlined in Municipal Code section 10.50.050. The Evergreen Park non-commercial core is small—just three blocks by five blocks—and it would be a waste of the City’s resources to devote dozens of hours of staff time over a year or more to study and develop a separate RPP program just for this small neighborhood, when another viable option exists. Parking occupancy studies have already established that there are severe parking shortages in the neighborhood. And the parking-related problems in Evergreen Park are nearly identical to those suffered by College Terrace March 7, 2016 Page 3 before its RPP went into effect. Indeed, the City recognized the likelihood that Evergreen Park would suffer similar parking issues as College Terrace in the 2000 Stanford University General Use Permit, which recommended that parking in Evergreen Park be studied. See Excerpt from Stanford University General Use Permit, at p. 19-20 (attached as Exhibit 2). Because the City has already developed and implemented the College Terrace RPP program—and knows that the program works—it should not reinvent the wheel for Evergreen Park. Instead, the City should expand the successful College Terrace RPP district to include Evergreen Park and provide these near neighbors with the same kind of parking relief. Annexing the Evergreen Park non-commercial core into the College Terrace RPP district is—as was recognized in the Colleagues’ Memo—“the simplest, least costly, and most expeditious solution” to Evergreen Park’s burgeoning parking problem. The parking situation in residential Evergreen Park is critical, and this is the best option to quickly alleviate the problem. However, regardless of the path the City takes forward, the EPPP Committee emphasizes that it is essential that any RPP instituted in residential Evergreen Park allows permits only for residents, lest the program risk conflicting with state law’s requirement that residents’ parking needs take precedence over businesses’ parking demands in RPPs. See Veh. Code § 22507. Residents-only is the system that has worked so well in adjacent College Terrace, and that is the system that will work for Evergreen Park. On behalf of the EPPP Committee, thank you for your attention to this matter. Please do not hesitate to contact me if you have any questions or would like to discuss further. Very truly yours, SHUTE, MIHALY & WEINBERGER LLP Laura D. Beaton 761293 2 EXHIBIT 1 City of Palo Alto COLLEAGUES MEMO DATE: FEBRUARY 10, 2016 SUBJECT: COLLEAGUES MEMO FROM COUNCIL MEMBERS DUBOIS, FILSETH HOLMAN, AND SCHMID REGARDING CREATION OF AN EVERGREEN PARK RESIDENTAL PARKING PERMIT PROGRAM Goal: Provide immediate parking relief to the non-commercial area of Evergreen Park. Background and Discussion: Serious parking problems have been acknowledged in Evergreen Park for 16 years. In the 2000 Stanford General Use Permit, Stanford committed $100,000 for parking impacts starting with College Terrace but also considering impacts on Evergreen Park and Southgate. At that time, it was acknowledged that Evergreen Park may need to be annexed into the Parking Permit program for the same reason that the College Terrace program was started – impacts from Stanford University and California Avenue. In July 2007 a Colleagues memo directed staff to use the $100,000 to initiate an assessment of a permit program in College Terrace. In December 2009, the College Terrace Permit Parking ordinance was approved and started in January 2010. The program has significantly reduced parking problems. The City has no system to measure commercial parking intrusion into residential neighborhoods so residential leaders have conducted a series of parking surveys over more than 2 years documenting the problem and have provided data to City council and staff. Survey data for 2015 shows that the parking saturation rate on Evergreen Park residential streets is consistently over 70% on weekdays. Major new construction projects such as 2865 Park Blvd, 2650 Birch Street, 2100 El Camino, 1501 California Ave, and 385 Sherman will be coming on line soon and potentially will add increased demand and exacerbate the already existing parking problem. In the summer of 2015 concerned residents gathered over 225 signatures (from 300 units surveyed) in Evergreen Park requesting an RPP for Evergreen Park identical to the College Terrace program, selling permits only to residents. Evergreen Park non-commercial residential area is small, just 5 blocks by 3 blocks. Evergreen Park is contiguous to College Terrace and has a community of interest with College Terrace because commuter parking comes from many of the same sources. Yet unlike College Terrace, Evergreen Park has not been granted relief from commuter parking, which now floods the neighborhood. January 31, 2016 Page 2 of 3 Annexing Evergreen Park to the existing College Terrace RPP is the simplest, least costly, and most expeditious solution since the College Terrace RPP has been in place for over 5 years and efficient procedures and policies have already been established that could easily expand to Evergreen Park. This Council has also taken steps to support and strengthen the position of the California Avenue merchants, and we do not want to jeopardize their ability to survive and thrive in that protective environment. Currently, a merchant cannot share permits among its employees, thus putting more strain on limited parking supply and adding cost to merchants who must otherwise purchase additional permits. Given the small area of consideration and the proximity to CalTrain and El Camino Real bus lines, this also seems an appropriate area to test the efficacy of Palo !lto’s TDM program, and assumptions of potential results before incorporation into the Comprehensive Plan. A number of projects have been approved in the area with TDM programs but coincident with those buildings being occupied the parking situation in Evergreen Park has been exacerbated. This proposal intends to find the quickest, most efficient way to achieve success by addressing ways to remove a large majority of commuter cars from the neighborhood. Recommendation: We recommend that Council direct Staff to return to Council after community outreach and not later than the end of May with a proposal for providing the most expeditious relief to Evergreen Park through a resident parking program which restores and enhances the quality of life in residential neighborhoods by drastically reducing the impact of parking associated with nearby businesses and institutional uses. Two potential actions could be: 1. Create a College Terrace-like RPP with resident only parking, either under the new RPP ordinance or by amending the College Terrace RPP to annex the non-commercial core of Evergreen Park, bounded by El Camino Real, Park Blvd and College Avenue. Concurrent with adoption of the RPPP, allow merchants and personal services in the California Avenue Ground Floor Retail District to share existing and new parking permits valid within the commercial district among their own employees. Staff should recommend what type of parking can be modified most easily in the commercial district to enable permit sharing by these users – parking lots, garages, street parking or some combination. 2. Create an RPP initiated by Council under Section 10.50.040 on an accelerated timeline for the same non-commercial core area of Evergreen Park. The RPP should provide either zero non- resident permits or a small number (for example, ten percent) available to merchants and personal services in the California Avenue Ground Floor Retail District. Employees of these businesses should be enabled to share such parking permits among their own employees, tracked by January 31, 2016 Page 3 of 3 employer. (This is as opposed to the proposed unlimited daily permits in the Downtown RPPP area). Non-resident permits in this area should decrease over time, potentially replaced by retail employee permits in the California Ave commercial area (South of College Ave). Concurrent with adoption of the RPPP, allow merchants and personal services in the California Avenue Ground Floor Retail District to share existing and new parking permits valid within the commercial district among their own employees. Furthermore, the City should ensure that: 1. Signage Poles required for the implementation of the program be installed expeditiously. 2. Merchants and offices in the California Avenue Business District and along El Camino Real are notified of pending changes. 3. Ideally, if annexed into the College Terrace RPP complete the creation of the RPP in time to allow Evergreen Park residents to enroll during the next scheduled yearly College Terrace renewal period which occurs 8/1/16 TO 8/31/16. In any case, treat this issue with urgency to implement a solution for the neighborhood. Acknowledging the critical timeliness of this proposal, we request that the City Manager's Comments include short updates on this project. Staff Impact: The City Manager and Director of Planning have reviewed this Memorandum and have the following comments: EXHIBIT 2 Neighborhood Petition Form City of Palo Alto Residential Parking Permit Program Request Form The purpose of this form is to enable neighborhoods to request to be annexed to an existing Residential Preferential Parking area or the initiation of a Residential Preferential Parking Program in accordance with the City of Palo !lto’s adopted Residential Parking Permit Program Policy and Procedures. This form must be filled out in its entirety and submitted with any request to: The City of Palo Alto Transportation Department 250 Hamilton Avenue Palo Alto CA 94301 Feel free to attach additional sheets containing pictures, occupancy maps, additional testimony or additional text if the space provided is insufficient. 1. Requesting Individual’s Contact Information Name: Paul L. Machado for the Evergreen Park Parking Permit Committee Address: 363 Stanford Avenue, Palo Alto, CA 94306 Phone Number: 650-323-8554 Email: plmachado@gmail.com !s explained in our attorneys’ letter, submitted with this form, we request that the Evergreen Park Non- Commercial Core be annexed to the existing successful College Terrace Residential Parking Permit (“RPP”) district. The Evergreen Park Non-Commercial Core is adjacent to the College Terrace RPP district: it is directly across El Camino Real. Palo Alto Municipal Code section 10.50.080 provides that areas may be annexed to contiguous RPP districts, and this is the most expeditious, efficient, and cost- effective way to reduce the parking problems in our neighborhood. 2. Please describe the nature of the overflow parking problem in your neighborhood. 1. What streets in your neighborhood do you feel are affected by overflow parking? 2. How often does the overflow occur? 3. Does the impact vary from month to month, or season to season? 1) The residential Evergreen Park neighborhood experiences overflow parking on the streets generally bounded by El Camino Real, Park Boulevard, and Cambridge Avenue (the “Evergreen Park Non-Commercial Core”). The streets affected by overflow parking are: a) Park Boulevard from El Camino Real to Cambridge Avenue b) Birch Street from Park Boulevard to College Avenue c) The north half of Birch Street between College Avenue and Cambridge Avenue d) Ash Street from Park Avenue to College Avenue e) Park Avenue from El Camino Real to Park Boulevard, including the two parking spaces in front of 120 Park Avenue f) Leland Avenue from the barrier east of El Camino Real to Park Boulevard g) Stanford Avenue from El Camino Real to Park Boulevard h) Oxford Avenue from El Camino Real to Park Boulevard i) College Avenue from El Camino Real to Park Boulevard 2) The parking overflow occurs every weekday, which has been documented by Parking Saturation Surveys conducted periodically since 2014. The saturation rate in the Evergreen Park Non-Commercial Core has continually increased since then, and our residential area has been more than 70% parked by midday on weekdays, as noted in the February 10, 2016, City of Palo Alto Colleagues Memo on this topic. The results of the Parking Saturation Surveys are included in the Evergreen Park Residential Parking Permit Proposal Presentation (Nov. 4, 2015), attached hereto as Exhibit A. Photographs of the neighborhood streets early and the morning and during the day are attached hereto as Exhibit B. 3) The parking saturation on weekdays is consistent year-round. 3. Can you identify a parking impact generator that is the cause of overflow parking in the neighborhood? Are there any facilities (churches, schools, shopping centers, etc.) near this location that generate a high concentration of vehicle and pedestrian traffic? Please list your understanding of the causes: Parking impacts in the Evergreen Park Non-Commercial Core come from the following sources. Many of the drivers park in the neighborhood to avoid paying for parking elsewhere. 1) Employees of customer-serving businesses near the neighborhood, which do not have adequate parking for both employees and customers. The employers instruct employees to park in the residential neighborhood to leave business parking lot spaces open for customers. 2) Employees from office buildings near the neighborhood. The area surrounding the neighborhood is experiencing an increased number of office workers, including development of new office buildings with inadequate parking and use of spaces for offices that were previously not used for offices. 3) CalTrain commuters, who park in the neighborhood instead of paying to park in the CalTrain station lot. 4) Individuals going to airport, who leave their cars for extended periods instead of paying to park at the airport. 5) Stanford University faculty, staff, students, and visitors, who park in the neighborhood to avoid paying for Stanford’s on-campus parking. 4. Please describe how a Residential Parking Permit Program will be able to eliminate or reduce overflow parking impacting the neighborhood. Please include your suggestion for the boundary of the program: Including Evergreen Park in the College Terrace RPP district would limit non-resident parking to two hours. This would virtually eliminate the parking impact from CalTrain commuters, airport travelers, Stanford University, and nearby business and office employees. Removing these all-day—and sometimes multi-day—parkers from the neighborhood’s limited parking would allow for neighborhood residents to park in their own neighborhood, near their homes. This will increase our safety, security, and freedom of movement (especially for the disabled and seniors), and improve our quality of life. It would also enhance bike safety as we have multiple bike boulevards through the neighborhood. The boundaries of the Evergreen Park zone of the College Terrace RPPP district should be El Camino Real, Cambridge Avenue, and Park Boulevard. 5. Is there neighborhood support for submittal of this Residential Parking Permit Program application? Have you contacted your HOA/Neighborhood Association? Neighborhood representatives have been working to be annexed to the existing College Terrace RPP Program for many months. We have the support of the Evergreen Park Neighborhood Association and strong support among neighborhood residents. In 2015, over 225 residents of Evergreen Park signed a petition requesting that a Residential Parking Permit Program be established. The signed petition is attached hereto as Exhibit C. Our proposal, as well as the petition, for the Evergreen Park RPP was submitted to the City Council on Feb 1, 2016. 761279.2 EXHIBIT A EXHIBIT B EXHIBIT C University Ave Lytton Ave Everett Ave Fu l t o n S t Gu i n d a S t Gu i n d a S t Se n e c a S t Ha l e S t Mi d d l e f i e l d R d By r o n S t By r o n S t Wa v e r l e y S t Wa v e r l y S t Ta s s o S t Ta s s o St Fl o r e n c e By r o n S t We b s t e r S t Co w p e r S t Co w p e r S t Br y a n t S t Ra m o n a S t Em e r s o n S t Hi g h S t Fu l t o n S t Mi d d l e f i e l d R d We b s t e r S t Br y a n t S t Br y a n t S t Ra m o n a S t Em e r s o n S t Hi g h S t Ki p l i n g Ki p l i n g Hawthorne Ave Ruthven Ave Poe St Hamilton Ave Forest Ave Forest Ave Homer Ave Channing Ave Addison Ave Lincoln Ave Kingsley Ave Melville AveMelville Ave Kellogg AveKellogg Ave Churchill Ave Coleridge Ave B o y c e A v e A d dis o n A v e Lin c oln A v e Fife A v e F ore st A v e C h a n nin g A v e P arkin s o n A v e H o p kin s A v e M elville A v e H arriet St P a l o A l t o A v e Alma St Alma St Embarcadero Rd El Camino Real Downtown RPP District N SOFA DOWNTOWN COMMERCIAL DISTRICT Downtown RPP District Approved Eligibility Area University Ave Lytton Ave Everett Ave Fu l t o n S t Gu i n d a S t Gu i n d a S t Se n e c a S t Ha l e S t Mi d d l e f i e l d R d By r o n S t By r o n S t Wa v e r l e y S t Wa v e r l y S t Ta s s o S t Ta s s o St Fl o r e n c e By r o n S t We b s t e r S t Co w p e r S t Co w p e r S t Br y a n t S t Ra m o n a S t Em e r s o n S t Hi g h S t Fu l t o n S t Mi d d l e f i e l d R d We b s t e r S t Br y a n t S t Br y a n t S t Ra m o n a S t Em e r s o n S t Hi g h S t Ki p l i n g Ki p l i n g Hawthorne Ave Ruthven Ave Poe St Hamilton Ave Forest Ave Forest Ave Homer Ave Channing Ave Addison Ave Lincoln Ave Kingsley Ave Melville AveMelville Ave Kellogg AveKellogg Ave Churchill Ave Coleridge Ave B o y c e A v e A d dis o n A v e Lin c oln A v e Fife A v e F ore st A v e C h a n nin g A v e P arkin s o n A v e H o p kin s A v e M elville A v e H arriet St P a l o A l t o A v e Alma St Alma St Embarcadero Rd El Camino Real Downtown RPP District N SOFA DOWNTOWN COMMERCIAL DISTRICT Downtown RPP District Approved Eligibility Area 9 10 8 7 6 5 41 2 3 Downtown RPP Parking Occupancy Collection Date: March 24, 2016 City of Palo Alto Downtown Parking Survey 8 AM ‐ 10 AM 85% 67% 76% 80% 30% 24 % Pa l o Alt o Av 25% 67% 85% 28% 83% 93% 94% 82 % 89 % 63 % 22 % 4% 29 % 64% 67 % 75 % 75 % 50 % 25 % 29 % Emerson St Emerson 71 % 10 0 % 10 0 % 12 0 % 10 0 % 29 % 63 % 64 % 75 % 70 % 53 % 44 % 14 % 86 % 84 % 90 % 33 % 63 % 92 % 10 7 % 95 % 83% 100% 15 % 25% 36% 63 % 60 % 83 % 44 % 10 0 % 50 % 57 % 83 %0%29 % 86 % 84 % 53 % 42 % 69% 0%0% 75% 50%70% Kipling 36% 73 % 10 0 % 50 % 0% 53% Kipling St 6% 82% 85% 33 % 44 % 67 % 17 % 25 % 52 % 38 % 22 %0%0% 0% 0% 60% 56% Ha w t h o r n e Av 25% Ev e r e t t Av 33% Ly t t o n Av 33 % 14 %0%14 % 33 % 67 % 10 0 % 88 % 64 % 0% 0% 20% 19% 0% Palo Alto Av Guinda Guinda 4% Ev e r e t t Av 50% Ly t t o n Av e 70% 62%38% Un i v e r s i t y Av 53% Ha m i l t o n Av 15% 36% 55% 21% 11%63% 38%0% 3/24/2016 0% 71% 0% 31% 40% 8% 29% 33% 0% 0% 0%0%0%0% 43 %0% 57 % 67 % 50 % 44 % 80 % 90 % 72 % 92 % 50 % 29 %0%0%0% 10 0 % 75 % 0% 50 %0%0%0% 0%40% 13% 0% 5% Pa l o Alt o A 10 0 % 60 % 67% 0% 17% 0% Fulton 38% 0% 50% 45%0% Fulton St 0% 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 50% Ad d i s o n 31% Lin c o l n 0% Kin g s l e y 0% Pa l o Alt o Av Byron St Byron 18 % 12% 27% 69% 100%0% 44 % 46% 14% 47% 108%0% 0% 0% 52% Ke l l o g g 38% 45 % 65 % 10 0 % 80 % 69 % 63 % 40 % 0%0%0%0%0%38 % 50% 14 % 22 %0%14 % 43 % 10 0 % 10 0 % 0%0%0%0%0%0%0% 21% Webster St Webster Webster Webster 21% 47% 60% 80%#REF!79% 64% 69% 69% 19% 31% 69% 22% 75% 0%29 % 0%25 % 22 % 61 % 50 % 78 % 35 % Un i v e r s i t y Av 0% 50%54%0% 0% 0% Me l v i l l e 0%100%21% 39 % 53 % 90 % 55 % 50 % 77 % 75 % 11 7 % 82 % 29 % 33% 6%100%62% Ha m i l t o n Av 58% 50% 18% Tasso St Tasso 0% 31%100%0% 17% 64% 20% 83% 77% 50% 42% 35% 76% 60%0% 0% 0% 0%33 % 29 % 38 % 67 % 91 %0%0%22 % 0%0%0%0% 0% ## # # # 22 % 50% 8% Cowper St Cowper Cowper Cowper Ru t h v e n Av 29% 25% 36% 86% 83% 64% 46% 82% 64% 79% 41% 0% 0% 0% 25 % 67 %0% 33% 38% 115% 80% 115% 77% 62% 43% 33% 31% 12 0 % 93 % 63 % 67 % 75 % 33 % 50 % 24 %0% 18% 0% Waverley St Waverley Waverley0% 12 % 41% 25% 56% 109% 40% 76% 50% 140% 60% 25% 19% 53% 0% 33% 29 % 53 % 56 % 88 % 77 % 25 % 33 % 33 % 14 % 50 % 85 % 0%6%Pa l o Al t o Av 0% Po e St 54 % 13 % 58 % 43% 45% 13% 56 % 55 % 89 % 78 % 22 % 20% 55% 50% 38% 100% 60% 90%81% 69% 44% 0% 58% Bryant St Bryant 41% Ha w t h o r n e Av 50% Ev e r e t t Av 90% Ly t t o n Av 73% Un i v e r s i t y Av 75% Ha m i l t o n Av 125% Fo r e s t Av 73% Ho m e r Av 87% Ch a n n i n g Av 71% 63% 0% Kin g s l e y 25% 22 % 50 % 60 % 75 % 20 % 33 % 29 % 64 % 75 % 33 % 43 % 60 % 60 % 33% 92% 14% 88% 80%79% 50% 0% Ramona St Ramona50% 81% 6% 100% 53% 93% 73% 92% 89 % 50 % Ad d i s o n 47% 80 % 44% 62% 92% 29% 88% 86% 86% 100% 6% 89% 31% Lin c o l n 73% 89 % 50 % 22 % 29 % 25 % 27 % 44 % 86 % 36%Legend 31 % 62 % 75 % 43 % 38 % 60 % 75 % 0%40 % 50 % 63 % 90 % 10 0 % 83 % 10 0 % 10 0 % 75 % 13 % 25 % 16 0 % 63 % 0% ‐ 49% Parking Occupancy 87% 77% 8% 60% 92% 100% 88% 78% 75% 60%50% ‐ 84% Parking OccupancyHigh St High 85% ‐ 100%+ Parking Occupancy83% 100% 25% 23% 79% 108% 55% 38 % 0%0%0%50 % 25 % 10 0 % 10 0 % 20 % 75 % 13 % 44 % Alma St Alma13% 24 % Pa l o Alt o Av 67 % 75 % 75 % 50 % 25 % 29 % 31 % 62 % 38 % 0% 25% 21% 11% 0% 63% 100% 64% 0% 8% 0%0%50 % 25 % 10 0 % 10 0 % 20 % 75 % 13 % 44 % City of Palo Alto Downtown Parking Survey 12p ‐ 2p 92% 100% 94% 80% 80% 28 % Pa l o Alt o Av 50% 108% 77% 94% 50% 114% 88% 73 % 78 % 63 % 56 % 13 % 12 % 109% 67 % 10 0 % 10 0 % 50 % 75 % 0% Emerson St Emerson 86 % 14 3 % 88 % 12 0 % 10 0 % 57 % 10 0 % 10 0 % 10 0 % 90 % 95 % 81 % 14 3 % 86 % 95 % 10 0 % 30 0 % 11 3 % 10 8 % 87 % 95 % 111% 107% 30 % 13% 64% 53 % 73 % 50 % 78 % 14 3 % 38 % 10 0 % 10 0 % 86 % 10 0 % 15 7 % 89 % 95 % 42 % 54% 0%0% 92% 83%60% Kipling 43% 11 8 % 43 % 33 % 0% 80% Kipling St 88% 91% 115% 89 % 11 1 % 10 0 % 67 % 10 0 % 30 % 50 % 39 % 57 % 12 2 % 0% 12 % 40% 33% Ha w t h o r n e Av 25% Ev e r e t t Av 53% Ly t t o n Av 33 % 14 % 14 %0%33 % 44 % 10 0 % 75 % 57 % 0% 0% 50% 0% 0% Palo Alto Av Guinda Guinda 8% Ev e r e t t Av 14% Ly t t o n Av e 100% 46%62% Un i v e r s i t y Av 60% Ha m i l t o n Av 23% 27% 36% 42% 89%75% 46%100% 3/24/2016 0% 243% 50% 46% 40% 17% 29% 25% 0% 0% 33 %0% 67 % 33 % 57 %0% 29 % 56 % 50 % 44 % 53 % 80 % 72 % 0%36 % 29 %0%0%0% 10 0 % 25 % 0% 50 %0%0%0% 0%0% 13% 0% 5% Pa l o Alt o A 10 0 % 80 % 67% 0% 17% 0% Fulton 46% 110% 42% 45%0% Fulton St 58% 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 36% Ad d i s o n 23% Lin c o l n 0% Kin g s l e y 0% Pa l o Alt o Av Byron St Byron 27 % 35% 27% 62% 85%0% 44 % 100% 57% 47% 77%0% 0% 0% 52% Ke l l o g g 38% 40 % 76 % 80 % 67 % 63 % 68 % 40 % 0%0%0%0%0%38 % 50% 14 %0%11 % 14 % 43 % 88 % 10 0 % 0%0%0%0%0%0%0% 21% Webster St Webster Webster Webster 107% 47% 87% 80%#REF!93% 93% 94% 50% 13% 31% 69% 22% 75% 0%29 % 0%88 % 33 % 83 % 72 % 44 % 71 % Un i v e r s i t y Av 20% 60%92%0% 0% 0% Me l v i l l e 0%100%21% 78 % 76 % 40 % 73 % 86 % 85 % 88 % 75 % 47 % 29 % 47% 38%100%69% Ha m i l t o n Av 100% 50% 18% Tasso St Tasso 0% 15%200%0% 17% 71% 50% 100% 100% 80% 67% 71% 88% 53%0% 0% 0% 14 % 33 % 14 % 13 % 83 % 91 %0%0%22 % 0%0%0%0% 0% ## # # # 22 % 50% 4% Cowper St Cowper Cowper Cowper Ru t h v e n Av 14% 50% 64% 93% 100% 91% 77% 35% 64% 71% 47% 0% 0% 0% 31 % 40 %0% 72% 100% 54% 80% 154% 77% 69% 43% 0% 100% 17 0 % 93 % 44 % 56 % 50 % 28 % 61 %6%0% 35% 17% Waverley St Waverley Waverley0% 12 % 35% 125% 78% 100% 53% 100% 50% 130% 53% 50% 13% 94% 11% 33% 12 % 63 % 83 % 10 0 % 10 8 % 38 % 38 % 39 % 33 % 55 % 21 4 % 0% 13 %Pa l o Al t o Av 0% Po e St 54 % 13 % 68 % 157% 100% 125% 78 % 55 % 13 3 % 89 % 44 % 20% 60% 50% 100% 109% 220% 100%94% 94% 44% 27% 17% Bryant St Bryant 59% Ha w t h o r n e Av 71% Ev e r e t t Av 120% Ly t t o n Av 182% Un i v e r s i t y Av 81% Ha m i l t o n Av 125% Fo r e s t Av 67% Ho m e r Av 93% Ch a n n i n g Av 93% 63% 37% Kin g s l e y 17% 89 % 50 % 10 0 % 15 0 % 70 % 10 0 % 86 % 10 0 % 10 0 % 33 % 57 % 60 % 50 % 44% 92% 79% 88% 80%57% 44% 100% Ramona St Ramona67% 106% 94% 100% 65% 87% 73% 92% 56 % 50 % Ad d i s o n 60% 60 % 100% 62% 100% 71% 88% 93% 107% 100% 69% 89% 8% Lin c o l n 60% 15 6 % 50 % 78 % 86 % 10 0 % 55 % 44 % 11 4 % 36%Legend 50 % 69 % 88 % 86 % 63 % 10 0 % 10 0 % 40 % 11 0 % 63 % 75 % 10 0 % 88 % 67 % 10 0 % 10 0 % 10 0 % 0%0% 16 0 % 50 % 0% ‐ 49% Parking Occupancy 100% 92% 92% 50% 77% 94% 88% 100% 108% 40%50% ‐ 84% Parking OccupancyHigh St High 85% ‐ 100%+ Parking Occupancy100% 120% 88% 92% 86% 108% 55% 50 % 0%0%0% 11 7 % 88 % 88 % 88 % 60 % 75 % 0% 15 6 % Alma St Alma43% 28 % Pa l o Alt o Av 67 % 10 0 % 10 0 % 50 % 75 % 0% 50 % 69 % 50 % 0% 50% 86% 89% 114% 19% 100% 64% 31% 0% 0%0% 11 7 % 88 % 88 % 88 % 60 % 75 % 0% 15 6 % City of Palo Alto Downtown Parking Survey 5p ‐ 7p 115% 100% 59% 93% 0% 24 % Pa l o Alt o Av 81% 58% 100% 100% 89% 100% 100% 91 % 89 %0%0% 8% 29 % 82% 16 7 % 75 % 88 % 12 5 % 75 % 43 % Emerson St Emerson 10 0 % 14 3 % 11 3 % 12 0 % 63 % 43 % 63 % 91 % 10 0 % 90 % 68 % 10 6 % 12 9 % 10 0 % 95 % 11 0 % 67 % 11 3 % 10 8 % 93 % 57 % 117% 86% 15 % 38% 64% 63 % 60 % 11 7 % 56 % 14 3 % 38 % 86 % 83 % 86 % 10 0 % 10 0 % 10 0 % 10 0 % 10 0 % 62% 0%0% 92% 117%40% Kipling 14% 10 9 % 43 % 33 % 0% 60% Kipling St 24% 100% 100% 11 % 67 % 67 % 67 % 10 0 % 57 % 13 % 22 % 43 %0% 0% 0% 20% 44% Ha w t h o r n e Av 17% Ev e r e t t Av 47% Ly t t o n Av 33 % 57 % 57 % 29 % 33 % 33 % 35 0 % 0%36 % 0% 0% 30% 19% 0% Palo Alto Av Guinda Guinda 0% Ev e r e t t Av 43% Ly t t o n Av e 30% 46%31% Un i v e r s i t y Av 60% Ha m i l t o n Av 8% 27% 27% 32% 50%81% 54%50% 3/24/2016 0% 114% 50% 31% 47% 33% 21% 25% 0% 0% 33 %0% 67 % 13 3 % 86 %9%0% 44 % 25 % 39 % 40 % 70 % 39 % 46 % 50 % 29 %0%0%0% 25 % 50 % 0% 50 %0%0%0% 0%30% 20% 0% 25 % Pa l o Alt o A 10 0 % 60 % 33% 0% 17% 0% Fulton 17% 70% 50% 100%0% Fulton St 25% 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 7% Ad d i s o n 0% Lin c o l n 0% Kin g s l e y 0% Pa l o Alt o Av Byron St Byron 9% 29% 27% 38% 77%0% 44 % 38% 29% 40% 8%0% 0% 0% 52% Ke l l o g g 38% 65 % 41 % 67 % 60 % 25 % 37 % 40 % 0%0%0%0%0%38 % 50% 0%11 %0%14 % 14 % 88 %0%0%0%0%0%0%0%0% 21% Webster St Webster Webster Webster 29% 40% 60% 80%#REF!71% 21% 63% 63% 25% 81% 69% 22% 75% 0%0%0%13 % 17 % 67 % 61 % 89 % 94 % Un i v e r s i t y Av 0% 50%100%0% 0% 0% Me l v i l l e 0%100%21% 33 % 53 % 90 % 91 % 43 % 38 % 56 % 75 % 94 % 47 % 80% 88%54%92% Ha m i l t o n Av 117% 29% 18% Tasso St Tasso 0% 8%0%0% 17% 29% 40% 92% 100% 90% 117% 106% 35% 67%0% 0% 0% 0%17 %0%13 % 10 0 % 10 9 % 0%0%22 % 0%0%0%0% 0% ## # # # 22 % 50% 12 % Cowper St Cowper Cowper Cowper Ru t h v e n Av 36% 50% 55% 71% 108% 164% 100% 41% 71% 50% 76% 0% 0% 0% 25 % 67 %0% 67% 100% 138% 100% 162% 92% 62% 50% 27% 13% 17 0 % 93 % 19 % 44 % 50 % 39 % 56 %0%0% 12% 17% Waverley St Waverley Waverley0% 12 % 41% 100% 56% 100% 93% 112% 20% 90% 33% 42% 38% 24% 21% 67% 29 % 53 % 61 % 65 % 85 % 13 % 0%22 % 10 % 10 % #D I V / 0 ! 0% 19 %Pa l o Al t o Av 0% Po e St 62 % 47 % 0%114% 64% 125% 89 % 10 0 % 12 2 % 89 % 33 % 20% 45% 50% 50% 73% 120% 105%75% 56% 44% 27% 42% Bryant St Bryant 50% Ha w t h o r n e Av 43% Ev e r e t t Av 100% Ly t t o n Av 100% Un i v e r s i t y Av 94% Ha m i l t o n Av 50% Fo r e s t Av 67% Ho m e r Av 93% Ch a n n i n g Av 50% 63% 32% Kin g s l e y 0% 39 % 83 % 80 % 75 % 11 0 % 10 0 % 10 0 % 91 % 10 0 % 33 % 29 % 60 % 50 % 44% 92% 107% 106% 100%50% 39% 0% Ramona St Ramona67% 81% 94% 142% 82% 120% 93% 67% 11 % 10 % Ad d i s o n 40% 40 % 44% 46% 108% 86% 106% 93% 93% 117% 63% 61% 8% Lin c o l n 20% 10 0 % 50 % 33 % 10 0 % 11 3 % 10 0 % 67 % 12 9 % 21%Legend 44 % 69 % 63 % 43 % 38 % 10 0 % 11 3 % 40 % 12 0 % 63 % 63 % 10 0 % 10 0 % 10 0 % 10 0 % 10 0 % 10 0 % 25 % 50 % 11 0 % 38 % 0% ‐ 49% Parking Occupancy 73% 85% 115% 100% 85% 100% 81% 78% 25% 30%50% ‐ 84% Parking OccupancyHigh St High 85% ‐ 100%+ Parking Occupancy67% 70% 100% 108% 100% 117% 45% 38 % 0%0%0% 11 7 % 11 3 % 10 0 % 88 % 80 % 50 % 25 % 0% Alma St Alma26% 24 % Pa l o Alt o Av 16 7 % 75 % 88 % 12 5 % 75 % 43 % 44 % 69 % 38 % 0% 75% 29% 11% 86% 100% 100% 64% 0% 0% 0%0% 11 7 % 11 3 % 10 0 % 88 % 80 % 50 % 25 % 0% Downtown RPP Parking Occupancy Collection Date: May 19, 2016 City of Palo Alto Downtown Parking Survey 8 AM ‐ 10 AM 55% 38 % 78% 12 5 % 10 0 % 17 % 25 % 12 5 % 10 0 % 20 % 75 % 12 5 % 0% 12 5 % 0% ‐ 49% Parking Occupancy 53% 54% 0% 10% 38% 6% 38% 78% 50% 50%50% ‐ 84% Parking OccupancyHigh St High 85% ‐ 100%+ Parking Occupancy67% 50% 0% 15% 29% 67% 10 0 % 57 % 36%Legend 31 % 77 % 75 % 43 %0%20 % 25 % 20 % 90 %0%0% 11 0 % 63 %0%67 %0%25 % 12 5 % 15 0 % 20 % 13 3 % 10 0 % Ad d i s o n 47% 80 % 63% 69% 69% 14% 0% 36% 0% 100% 75% 11% 23% Lin c o l n 13% 33 % 17 % 22 % 71 %0%55 % 0% Ramona St Ramona 75% 50% 25% 0% 0% 20% 20% 33% 63% 37% Kin g s l e y 25% 56 % 83 %0% 50 % 20 % 83 % 12 9 % 82 %0% 10 0 % 43 % 20 0 % 90 % 50% 54% 71% 0% 100% 43% 61% 38% 63% 44% 33% 192% Bryant St Bryant 82% Ha w t h o r n e Av 71% Ev e r e t t Av 60% Ly t t o n Av 55% Un i v e r s i t y Av 0% Ha m i l t o n Av 150% Fo r e s t Av 60% Ho m e r Av 87% Ch a n n i n g Av 21% 38 %Pa l o Alt o Av 0% Po e St 38 % 33 % 79 % 114% 64% 63% 67 % 10 9 % 0%67 % 11 1 % 20% 15% 50% 38% 55% 0% 80% 0%8% 75 % 19 %0%57 % 25 % 85 % 14 4 % 0% 0% Waverley St Waverley Waverley0% 4% 65% 100% 33% 55% 73% 53% 60% 60% 0% 0% 63% 0% 0% 150% 29 % 58 % 39 % 0% 6% 92% 31% 73% 46% 62% 23% 64% 33% 75% 80 % 12 0 % 38 % 67 % 17 5 % 56 % 67 % 53 %0% 50% 4% Cowper St Cowper Cowper Cowper Ru t h v e n Av 29% 100% 45% 79% 42% 18% 0% 35% 29% 100% 18% 0% 0% 0% 6% 20 % 0%33 % 29 % 38 % 50 % 73 % 0%0%22 % 0%0%0%0% 0% ## # # # 22 % 62% Ha m i l t o n Av 67% 43% 18% Tasso St Tasso 0% 31%900%0% 17% 64% 80% 42% 77% 90% 50% 35% 12% 33% 0% 0% 0% 21% 39 % 71 %0%0%71 % 38 % 13 % 83 % 12 %6% 33% 19%69% 19% 13% 69% 22% 75% 0%29 %0%25 % 22 % 33 % 56 % 78 % 12 % Un i v e r s i t y Av 0% 50%46%0% 0% 0% Me l v i l l e 0%57% 21% Webster St Webster Webster Webster 21% 47% 93% 80%27%0% 7% 0% 0% 50% 14 % 22 %0%14 % 43 % 25 % 10 0 % 0%0%0%0%0%0%0% 44 % 46% 14% 47% 23%0% 0% 0% 52% Ke l l o g g 38% 0%0%0%13 % 50 %0%40 % 0%0%0%0%0%38 % 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 50% Ad d i s o n 8% Lin c o l n 0% Kin g s l e y 0% Pa l o Alt o Av Byron St Byron 18 % 12% 27% 69% 62%0% 50 % 0%0%0% 200%60% 27% 0% 25 % Pa l o Alt o A 10 0 % 14 0 % 58% 0% 17% 0% Fulton 38% 0% 50% 100%0% Fulton St 100% 0% 0% 67 % 0% 11 7 % 18 3 % 0% 11 8 % 43 % 33 % 50 % 28 % 80 % 90 % 28 % 31 %0% 29 % 0%0%0% 25 0 % 13 % 0% 5/19/2016 2% 29% 217% 0% 7% 25% 29% 0% 0% 13% 0%Palo Alto Av Guinda Guinda 4% Ev e r e t t Av 36% Ly t t o n Av e 0% 8%31% Un i v e r s i t y Av 27% Ha m i l t o n Av 23% 36% 55% 0% 11%19% 23%0% 0%13 % 0%0% 0% 0% 60% 56% Ha w t h o r n e Av 25% Ev e r e t t Av 73% Ly t t o n Av 33 % 14 % 0%0%33 % 89 % 20 0 % 0%0% 0% 0% 69% 0%0% 42% 25%20% Kipling 14% 10 0 % 0% 11 7 % 0% 47% Kipling St 12% 45% 62% 33 % 56 % 67 % 33 % 25 % 22 % 35 % 138% 73% 5%33 % 83 % 78 % 10 0 % 63 % 57 % 83 % 29 % 29 % 71 % 42 %0% 26 % 0% 58 % 44 % 0% 86 % 74 % 60 % 0% 25 % 42 % 73 % 33 % 33% 71% 36 % 11 % 88 % 14 4 % 4% 29 % 64% 20 0 % 10 0 % 0% 10 0 % 75 % 29 % Emerson St Emerson 57 % 10 0 % 38 %0%13 % 15 7 % 0%82 %0% 69% 67% 76% 27% 70% 32 % Pa l o Alt o Av 63% 83% 38% 22% 50% 21% 94% 38 % 78% 75% 7% 56% 100% 44% 100% 64% 92% 0% 12 5 % 10 0 % 17 % 25 % 12 5 % 10 0 % 20 % 75 % 12 5 % 0% 31 % 77 % 20 0 % 10 0 % 0% 10 0 % 75 % 29 % Alma St Alma39% 32 % Pa l o Alt o Av City of Palo Alto Downtown Parking Survey 12 PM ‐ 2 PM 91% 10 0 % 0%0%0%0%0%0% 10 0 % 20 % 50 %0% 67 % 75 %0% ‐ 49% Parking Occupancy 200% 154% 0% 0% 0% 12% 25% 78% 217% 80%50% ‐ 84% Parking OccupancyHigh St High 85% ‐ 100%+ Parking Occupancy183% 220% 25% 0% 0% 0% 0%0% 36%Legend 75 % 46 % 17 5 % 17 1 % 12 5 % 0%0%0%20 %0%0%0%0%0%0%0%0%0%0% 28 0 % 44 % 20 % Ad d i s o n 47% 40 % 138% 92% 169% 0% 0% 0% 0% 100% 0% 156% 0% Lin c o l n 0% 28 9 % 10 0 % 15 6 % 0%25 %0% 0% Ramona St Ramona 50% 188% 0% 0% 12% 133% 120% 150% 63% 42% Kin g s l e y 25% 89 % 67 % 16 0 % 30 0 % 0%0%0% 18 %0% 67 % 43 % 80 % 0%33% 138% 0% 0% 0% 114% 78% 150% 163% 44% 40% 17% Bryant St Bryant 45% Ha w t h o r n e Av 100% Ev e r e t t Av 200% Ly t t o n Av 0% Un i v e r s i t y Av 0% Ha m i l t o n Av 0% Fo r e s t Av 107% Ho m e r Av 87% Ch a n n i n g Av 129% 0%Pa l o Alt o Av 0% Po e St 77 % 27 % 95 % 0% 36% 0% 0%0%0% 15 6 % 89 % 20% 70% 50% 125% 164% 0% 0% 15 3 % 18 5 % 50 % 48 % 11 % 38 %0%85 % 0% 12% 33% Waverley St Waverley Waverley0% 15 % 71% 150% 133% 73% 0% 0% 0% 200% 80% 67% 0% 35% 0% 0% 24 % 10 5 % 12 2 % 0% 111% 185% 0% 0% 0% 123% 108% 57% 33% 13% 14 0 % 16 0 % 63 % 67 % 10 0 % 44 % 10 0 % 12 %0% 50% 8% Cowper St Cowper Cowper Cowper Ru t h v e n Av 29% 75% 73% 143% 17% 0% 0% 24% 114% 71% 71% 0% 0% 0% 50 % 53 % 0%33 % 29 % 38 % 0%0%0%0%22 % 0%0%0%0% 0% ## # # # 22 % 123% Ha m i l t o n Av 117% 43% 18% Tasso St Tasso 0% 31%0%0% 17% 64% 100% 200% 169% 0% 0% 35% 141% 67% 0% 0% 0% 21% 39 %0%40 % 91 % 12 9 % 15 4 % 13 8 % 13 3 % 71 %0% 33% 63%154% 19% 38% 69% 22% 75% 0%29 %0%25 % 22 % 12 2 % 12 2 % 67 % 24 % Un i v e r s i t y Av 0% 50%15%0% 0% 0% Me l v i l l e 0%57% 21% Webster St Webster Webster Webster 21% 47% 133% 0%27%114% 129% 175% 50% 50% 14 % 22 %0%14 % 43 % 12 5 % 20 0 % 0%0%0%0%0%0%0% 44 % 46% 14% 47% 123%0% 0% 0% 52% Ke l l o g g 38% 60 % 11 8 % 10 7 % 12 0 % 10 0 % 10 5 % 40 % 0%0%0%0%0%38 % 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 50% Ad d i s o n 46% Lin c o l n 0% Kin g s l e y 0% Pa l o Alt o Av Byron St Byron 18 % 12% 27% 69% 138%0% 50 % 0%0%0% 0%0% 27% 0% 0% Pa l o Alt o A 10 0 % 12 0 % 83% 0% 17% 0% Fulton 38% 200% 83% 55%0% Fulton St 100% 0% 0% 67 % 0% 10 0 % 33 % 0%0%57 % 67 % 50 % 67 % 80 % 90 % 12 2 % 0%0% 29 % 0%0%0% 15 0 % 25 % 0% 5/19/2016 0% 457% 100% 77% 67% 0% 29% 50% 60% 0% 0%Palo Alto Av Guinda Guinda 4% Ev e r e t t Av 29% Ly t t o n Av e 200% 77%77% Un i v e r s i t y Av 93% Ha m i l t o n Av 31% 36% 55% 84% 133%88% 62%200% 75 % 70 % 11 4 % 22 2 % 0% 0% 60% 56% Ha w t h o r n e Av 25% Ev e r e t t Av 53% Ly t t o n Av 33 % 14 % 0%0%33 % 0% 20 0 % 12 5 % 57 % 0% 0% 69% 0%0% 183% 0%80% Kipling 71% 0%86 % 67 % 0% 147% Kipling St 106% 164% 31% 11 1 % 20 0 % 16 7 % 0%0% 17 % 20 % 25% 109% 95 % 12 0 % 83 %0% 10 0 % 50 % 57 % 83 %0%0%0% 21 %0%0% 20 % 16 8 % 13 % 0% 86 % 0%0% 0%0% 15 0 % 93 % 10 5 % 0% 143% 12 7 % 11 1 % 12 5 % 44 % 8% 24 % 64% 67 % 20 0 % 20 0 % 0%0% 29 % Emerson St Emerson 0% 10 0 % 0%40 % 17 5 % 11 4 % 17 5 % 18 %0% 0% 67% 76% 0% 40% 40 % Pa l o Alt o Av 88% 167% 123% 0% 0% 0% 94% 10 0 % 0% 88% 14% 22% 0% 0% 100% 64% 0% 0% 0%0%0%0%0% 10 0 % 20 % 50 %0% 67 % 75 % 46 % 67 % 20 0 % 20 0 % 0%0% 29 % Alma St Alma61% 40 % Pa l o Alt o Av City of Palo Alto Downtown Parking Survey 5 PM ‐ 7 PM 45% 0% 56% 22 5 % 50 % 17 % 25 % 38 % 10 0 % 20 % 50 % 63 %0% 75 %0% ‐ 49% Parking Occupancy 60% 85% 0% 0% 46% 0% 56% 78% 50% 60%50% ‐ 84% Parking OccupancyHigh St High 85% ‐ 100%+ Parking Occupancy42% 110% 0% 8% 29% 58% 17 8 % 43 % 36%Legend 50 % 15 % 50 % 57 % 63 % 80 % 10 0 % 60 % 10 0 % 0%38 % 90 % 88 %0%0%83 % 25 % 11 3 % 11 3 % 10 % 12 2 % 30 % Ad d i s o n 47% 80 % 44% 38% 115% 29% 0% 71% 0% 100% 63% 6% 23% Lin c o l n 20% 44 % 67 % 78 % 57 % 10 0 % 55 % 0% Ramona St Ramona 75% 94% 38% 0% 0% 13% 20% 33% 63% 42% Kin g s l e y 25% 61 % 33 % 80 % 50 % 70 % 10 0 % 17 1 % 55 %0% 12 2 % 43 % 14 0 % 70 % 50% 100% 7% 0% 20% 64% 61% 38% 56% 44% 60% 183% Bryant St Bryant 64% Ha w t h o r n e Av 79% Ev e r e t t Av 90% Ly t t o n Av 73% Un i v e r s i t y Av 0% Ha m i l t o n Av 75% Fo r e s t Av 87% Ho m e r Av 87% Ch a n n i n g Av 14% 50 %Pa l o Alt o Av 0% Po e St 54 % 47 % 68 % 171% 18% 88% 78 % 12 7 % 0%44 % 89 % 20% 55% 75% 75% 82% 0% 85% 0%31 % 63 % 14 % 39 % 48 % 25 % 85 % 14 4 % 0% 283% Waverley St Waverley Waverley0% 0% 47% 75% 44% 45% 33% 82% 30% 30% 0% 0% 31% 0% 0% 0% 29 % 53 % 61 % 0% 61% 85% 23% 93% 38% 38% 15% 43% 33% 44% 70 % 53 % 50 % 67 % 27 5 % 61 % 17 % 12 %0% 50% 0% Cowper St Cowper Cowper Cowper Ru t h v e n Av 29% 75% 55% 71% 117% 64% 0% 35% 29% 57% 35% 0% 0% 0% 25 % 33 % 0%33 % 29 % 38 % 67 % 73 % 0%0%22 % 0%0%0%0% 0% ## # # # 22 % 108% Ha m i l t o n Av 42% 29% 18% Tasso St Tasso 0% 31%1000%0% 17% 64% 50% 25% 92% 90% 92% 35% 6% 47% 0% 0% 0% 21% 39 % 82 %0%0%36 % 15 % 31 % 17 %0%0% 33% 13%54% 19% 25% 69% 22% 75% 0%29 %0%25 % 22 % 50 % 50 % 67 % 41 % Un i v e r s i t y Av 0% 50%62%0% 0% 0% Me l v i l l e 0%100% 21% Webster St Webster Webster Webster 21% 47% 53% 90%27%14% 14% 13% 0% 50% 14 % 22 %0%14 % 43 % 25 % 12 2 % 0%0%0%0%0%0%0% 44 % 46% 14% 47% 8%0% 0% 0% 52% Ke l l o g g 38% 0%0%0%27 % 25 %0%40 % 0%0%0%0%0%38 % 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 50% Ad d i s o n 0% Lin c o l n 0% Kin g s l e y 0% Pa l o Alt o Av Byron St Byron 18 % 12% 27% 69% 31%0% 50 % 0%0%0% 225%70% 0% 0% 30 % Pa l o Alt o A 10 0 % 12 0 % 0% 0% 0% 0% Fulton 38% 0% 67% 91%0% Fulton St 92% 0% 0% 67 % 0%67 % 16 7 % 43 % 27 % 14 % 67 % 50 % 17 % 80 % 90 %6%23 %0% 29 % 0%0%0% 20 0 % 0% 0% 5/19/2016 13% 29% 200% 0% 13% 8% 29% 0% 0% 0% 0%Palo Alto Av Guinda Guinda 4% Ev e r e t t Av 21% Ly t t o n Av e 20% 0%15% Un i v e r s i t y Av 47% Ha m i l t o n Av 23% 36% 55% 0% 11%19% 38%8% 38 % 17 % 0%11 % 0% 0% 60% 56% Ha w t h o r n e Av 25% Ev e r e t t Av 47% Ly t t o n Av 33 % 14 % 0%29 % 33 % 12 2 % 50 0 % 0%0% 0% 0% 69% 0%0% 108% 58%10% Kipling 14% 11 8 % 0% 10 0 % 0% 60% Kipling St 53% 100% 69% 11 % 56 % 50 % 67 % 25 % 17 % 25 % 25% 64% 42 % 47 % 83 % 44 % 10 0 % 38 % 57 % 83 % 71 % 10 0 % 86 % 47 %0% 42 % 0% 47 % 88 % 57 % 86 % 74 % 60 % 0% 38 % 33 % 60 % 19 % 28% 57% 55 % 33 % 50 % 10 0 % 0% 29 % 64% 33 % 75 % 75 % 10 0 % 10 0 % 29 % Emerson St Emerson 71 % 10 0 % 10 0 % 60 % 38 % 12 9 % 0%55 %0% 115% 67% 76% 27% 90% 48 % Pa l o Alt o Av 63% 67% 100% 28% 72% 36% 94% 0% 56% 56% 50% 89% 129% 31% 100% 64% 77% 0% 22 5 % 50 % 17 % 25 % 38 % 10 0 % 20 % 50 % 63 %0% 50 % 15 % 33 % 75 % 75 % 10 0 % 10 0 % 29 % Alma St Alma4% 48 % Pa l o Alt o Av Downtown RPP Parking Occupancy Collection Date: June 30, 2016 City of Palo Alto Downtown Parking Survey 8 AM - 10 AM 27% 63 % 0% 0%0% 33 % 63 % 10 0 % 38 % 20 % 25 %0% 33 % 63 % 0% - 49% Parking Occupancy 80%54%31%20%69%82%81%33%75%30%50% - 84% Parking OccupancyHigh St High 85% - 100%+ Parking Occupancy75%70%25%38%100%125% 89 % 86 % 14%Legend 38 % 38 % 75 % 43 % 38 % 30 % 63 %0% 70 % 25 % 25 % 40 % 63 % 67 % 10 0 % 0% 10 0 % 38 % 63 % 60 % 44 % 10 % Ad d i s o n 73% 40 % 69%54%23%57%69%50%71%33%19%33%23% Lin c o l n 40% 56 % 50 % 11 % 43 % 38 %0% 0% Ramona St Ramona25%56%25%83%35%93%73%58% 0%37% Kin g s l e y 0% 28 % 33 % 60 % 38 %0%83 % 86 % 45 % 75 % 56 % 43 % 20 % 60 % 17%77%21%69%60%57%33% 38%0%44%7%0% Bryant St Bryant64% Ha w t h o r n e A v 43% Ev e r e t t A v 40% Ly t t o n A v 45% Un i v e r s i t y A v 63% Ha m i l t o n A v 25% Fo r e s t A v 80% Ho m e r A v 53% Ch a n n i n g A v 0% 25 %Pa l o A l t o A v 0% Po e S t 31 % 13 % 11 % 0%64% 75% 56 %9%33 % 78 % 56 % 20%85%100%38%55%80%85% 59 % 77 % 63 % 33 % 39 % 24 % 35 % #D I V / 0 ! 67 % 6%67% Waverley St Waverley Waverley0% 8% 59%100%44%36%67%35%10%120%20%58%75%12%21%17% 29 % 42 % 72 % 0% 56%85%123%40%138%69%62%64%13%19% 90 % 33 % 10 0 % 89 % 75 % 39 % 44 % 29 %0% 50% 4% Cowper St Cowper Cowper Cowper Ru t h v e n A v 14%63%64%57%33%45%54%76%64%79%24%0%0%0% 25 % 60 % 0% 17 %0% 13 % 33 % 73 %0%0% 22 % 0%0%0%0% 0% ## # # # 22 % 0% Ha m i l t o n A v 50%50% 18% Tasso St Tasso 0%23%200%0%17% 0%30%75%77%50%75%59%59%40%0%0%0% 21% 39 % 41 % 12 0 % 13 6 % 79 % 62 % 56 % 83 % 76 % 18 % 0%44%77% 50% 25%69%22%75% 57 %0%11 %0% 17 % 61 % 44 % 56 % 12 % Un i v e r s i t y A v 0%40%69%0% 0%0% Me l v i l l e 0%86% 21% Webster St Webster Webster Webster 29%53%53%80%27%71%43%88%75% 50% 15 7 % 0%11 % 14 %0%0%11 %0%0%0%0%0%0%0% 44 % 23%36%40%0%0%0%0%52% Ke l l o g g 38% 15 % 35 % 33 %0%19 % 47 % 40 % 0%0%0%0%0%38 % 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 64% Ad d i s o n 8% Lin c o l n 0% Kin g s l e y 0% Pa l o A l t o A v Byron St Byron 64 % 6%40%15%0%0% 50 %0%0%0% 0%60%40%0% 0% Pa l o A l t o A 10 0 % 80 % 25%0% 8%0% Fulton 13%70%58%91%0% Fulton St 25% 0% 0% 33 % 33 % 33 % 0%14 % 0%57 % 22 % 38 % 50 % 87 % 12 0 % 61 % 54 % 36 % 29 % 0%0%0% 15 0 % 25 % 0% 6/30/2016 0%114%17%62%33%8%36%25%30%13%0% Palo Alto Av Guinda Guinda 4% Ev e r e t t A v 0% Ly t t o n A v e 10% 38%46% Un i v e r s i t y A v 47% Ha m i l t o n A v 46%36%0%32% 44%63%23%0% 25 %4% 14 3 % 33 % 0% 12 % 0%33% Ha w t h o r n e A v 58% Ev e r e t t A v 47% Ly t t o n A v 50 % 14 % 29 % 29 % 11 % 11 % 0% 38 % 43 % 0%0% 54% 0%0% 33%58%30% Kipling 21% 45 % 57 % 33 % 0% 47% Kipling St 24%45%46% 11 % 33 % 33 % 33 %0% 30 % 25 % 25%73% 68 % 53 % 67 % 33 % 12 9 % 50 % 29 % 83 % 14 %0% 18 6 % 89 % 53 % 42 % 70 % 32 % 25 % 71 % 14 % 84 % 50 % 17 % 25 % 10 0 % 93 % 62 % 100%93% 36 % 89 % 25 % 78 % 4% 29 % 91% 0% 75 % 50 % 50 % 10 0 % 0% Emerson St Emerson 86 % 12 9 % 10 0 % 60 % 63 % 86 % 11 3 % 45 % 75 % 85%33%47% 80%30% 48 % Pa l o A l t o A v 69%75%46%33%100%93%65% 63 % 0% 31%7%0%29%75%100%64%0%0% 0%0% 33 % 63 % 10 0 % 38 % 20 % 25 %0% 33 % 38 % 38 % 0% 75 % 50 % 50 % 10 0 % 0% Alma St Alma4% 48 % Pa l o A l t o A v City of Palo Alto Downtown Parking Survey 12 PM - 2 PM 18% 10 0 % 33% 0%0% 67 % 63 % 10 0 % 88 % 40 % 88 % 10 0 % 67 % 50 % 0% - 49% Parking Occupancy 80%77%100%80%100%94%81%133%100%0%50% - 84% Parking OccupancyHigh St High 85% - 100%+ Parking Occupancy92%100%63%92%100%100% 10 0 % 10 0 % 14%Legend 25 % 62 % 75 % 11 4 % 63 % 10 0 % 10 0 % 40 % 11 0 % 63 % 25 % 40 % 50 % 83 % 10 0 % 17 % 75 % 50 % 25 % 12 0 % 44 % 40 % Ad d i s o n 67% 40 % 106%92%92%57%106%93%100%92%31%67%0% Lin c o l n 40% 67 % 67 % 78 % 10 0 % 10 0 % 10 0 % 38% Ramona St Ramona42%75%75%100%82%93%93%100% 0%26% Kin g s l e y 25% 22 % 33 % 80 % 38 % 80 % 83 % 86 % 82 % 50 % 56 % 43 % 40 % 40 % 28%100%86%106%60%100%50% 75%0%44%0%25% Bryant St Bryant18% Ha w t h o r n e A v 50% Ev e r e t t A v 100% Ly t t o n A v 45% Un i v e r s i t y A v 63% Ha m i l t o n A v 75% Fo r e s t A v 87% Ho m e r A v 80% Ch a n n i n g A v 0% 25 %Pa l o A l t o A v 0% Po e S t 31 %0% 79 % 100%82% 75% 33 % 10 0 % 56 % 89 % 67 % 20%0%75%75%100%60%100% 76 % 10 0 % 63 % 52 % 56 % 33 % 25 % #D I V / 0 ! 0% 18%0% Waverley St Waverley Waverley0% 8% 59%125%89%100%100%106%30%110%47%67%69%35%5%17% 53 % 32 % 50 % 0% 78%100%131%60%162%69%54%50%47%31% 14 0 % 87 % 50 % 33 % 25 % 33 % 94 % 12 %0% 50% 4% Cowper St Cowper Cowper Cowper Ru t h v e n A v 21%100%36%71%67%91%92%29%57%43%35%0%0%0% 19 % 60 % 29 % 17 %0% 13 % 83 % 10 0 % 0%0% 22 % 0%0%0%0% 0% ## # # # 22 % 85% Ha m i l t o n A v 83%50% 18% Tasso St Tasso 0%0%0%0%17% 14%30%75%100%60%83%82%47%47%0%0%0% 21% 83 % 41 % 90 % 82 % 71 % 92 % 69 % 83 % 59 % 12 % 107%69%62% 6% 69%69%22%75% 0%14 % 11 % 25 % 22 % 67 % 67 % 78 % 82 % Un i v e r s i t y A v 0%30%77%0% 0%0% Me l v i l l e 0%100% 21% Webster St Webster Webster Webster 57%60%93%80%27%100%29%88%75% 50% 29 % 11 % 11 %0%57 % 75 % 78 %0%0%0%0%0%0%0% 44 % 31%57%67%100%0%0%0%52% Ke l l o g g 38% 75 % 47 % 47 % 67 % 10 6 % 21 % 40 % 0%0%0%0%0%38 % 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 43% Ad d i s o n 8% Lin c o l n 0% Kin g s l e y 0% Pa l o A l t o A v Byron St Byron 18 % 6%40%69%92%0% 50 %0%0%0% 0%50%27%0% 5% Pa l o A l t o A 10 0 % 20 % 33%0% 33%0% Fulton 25%60%50%100%0% Fulton St 58% 0% 0% 17 % 50 % 17 % 0%57 % 0%43 % 11 % 25 % 39 % 27 % 80 % 56 % 77 % 57 % 29 % 0%0%0% 12 5 % 0% 0% 6/30/2016 0%57%33%8%33%0%14%8%20%13%0% Palo Alto Av Guinda Guinda 8% Ev e r e t t A v 0% Ly t t o n A v e 70% 54%54% Un i v e r s i t y A v 53% Ha m i l t o n A v 46%36%18%26% 33%63%23%50% 63 % 22 % 43 % 22 % 0% 0% 20%44% Ha w t h o r n e A v 67% Ev e r e t t A v 80% Ly t t o n A v 67 %0%29 % 43 % 11 % 56 % 10 0 % 10 0 % 57 % 0%0% 38% 0%0% 92%92%50% Kipling 29% 10 0 % 57 % 50 % 0% 60% Kipling St 71%100%100% 56 % 67 % 50 % 67 % 15 0 % 52 % 25 % 38%91% 42 % 60 % 10 0 % 56 % 12 9 % 25 % 57 % 83 % 71 % 86 % 10 0 % 95 % 89 % 63 % 70 % 47 % 10 0 % 43 % 86 % 84 % 50 % 0%75 % 10 0 % 93 % 90 % 117%100% 73 % 78 % 63 % 56 % 8% 53 % 82% 0% 75 % 50 % 10 0 % 75 % 86 % Emerson St Emerson 10 0 % 12 9 % 10 0 % 10 0 % 75 % 10 0 % 11 3 % 82 % 50 % 77%33%47% 80%90% 64 % Pa l o A l t o A v 81%75%100%78%100%100%88% 10 0 % 33% 69%57%89%71%81%100%64%62%25% 0%0% 67 % 63 % 10 0 % 88 % 40 % 88 % 10 0 % 67 % 25 % 62 % 0% 75 % 50 % 10 0 % 75 % 86 % Alma St Alma13% 64 % Pa l o A l t o A v City of Palo Alto Downtown Parking Survey 5 PM - 7 PM 36% 38 % 0% 10 0 % 0% 10 0 % 75 % 10 0 % 10 0 % 40 % 50 % 38 % 56 % 38 % 0% - 49% Parking Occupancy 80%54%115%110%100%94%106%56%100%40%50% - 84% Parking OccupancyHigh St High 85% - 100%+ Parking Occupancy58%90%63%100%100%108% 89 % 12 9 % 0%Legend 44 % 38 % 38 % 10 0 % 38 % 10 0 % 10 0 % 50 % 11 0 % 50 % 50 % 10 0 % 75 % 10 0 % 10 0 % 50 % 10 0 % 63 % 25 % 30 % 67 % 40 % Ad d i s o n 67% 10 0 % 69%77%108%107%106%71%107%108%13%17%8% Lin c o l n 27% 67 % 50 % 67 % 10 0 % 10 0 % 10 0 % 0% Ramona St Ramona58%88%69%142%94%107%87%25% 0%16% Kin g s l e y 50% 39 % 17 % 80 % 25 % 90 % 10 0 % 10 0 % 10 9 % 10 0 % 78 % 43 % 20 % 70 % 39%115%93%106%320%43%22% 81%0%44%13%33% Bryant St Bryant50% Ha w t h o r n e A v 29% Ev e r e t t A v 50% Ly t t o n A v 73% Un i v e r s i t y A v 88% Ha m i l t o n A v 25% Fo r e s t A v 80% Ho m e r A v 67% Ch a n n i n g A v 0% 19 %Pa l o A l t o A v 0% Po e S t 46 % 33 % 26 % 71%64% 75% 78 % 10 0 % 78 % 10 0 % 44 % 20%65%50%50%73%120%100% 65 % 69 % 38 % 29 %6%10 % 15 % #D I V / 0 ! 0% 6%83% Waverley St Waverley Waverley0% 8% 35%125%67%73%100%112%10%100%13%42%44%29%32%0% 35 % 32 % 50 % 0% 72%69%123%87%154%62%62%71%20%6% 15 0 % 60 % 50 % 11 1 % 25 % 39 % 67 % 12 %0% 50% 0% Cowper St Cowper Cowper Cowper Ru t h v e n A v 29%50%45%64%100%73%85%41%7%64%29%0%0%0% 13 % 27 % 14 % 17 %0% 38 %0% 73 %0%0% 22 % 0%0%0%0% 0% ## # # # 22 % 54% Ha m i l t o n A v 67%50% 18% Tasso St Tasso 0%15%0%0%17% 21%10%58%92%50%50%47%53%53%0%0%0% 21% 50 % 35 % 11 0 % 10 0 % 71 % 46 % 63 % 58 % 82 % 6% 0%31%69% 56% 19%69%22%75% 0%0%0%0% 6%44 % 17 % 56 % 29 % Un i v e r s i t y A v 0%40%46%0% 0%0% Me l v i l l e 0%71% 21% Webster St Webster Webster Webster 57%27%47%50%27%7%36%38%75% 50% 0%0%0%14 % 43 %0%33 %0%0%0%0%0%0%0% 44 % 31%43%47%69%0%0%0%52% Ke l l o g g 38% 30 % 53 % 27 % 53 % 38 % 26 % 40 % 0%0%0%0%0%38 % 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 50% Ad d i s o n 15% Lin c o l n 0% Kin g s l e y 0% Pa l o A l t o A v Byron St Byron 27 % 24%27%38%23%0% 50 %0%0%0% 0%70%27%0% 5% Pa l o A l t o A 10 0 % 0% 17%0% 17%0% Fulton 8%70%58%36%0% Fulton St 67% 0% 0% 33 % 50 % 33 % 17 % 14 % 0%43 % 78 % 38 % 33 % 80 %0%39 % 54 % 50 % 29 % 0%0%0% 10 0 % 63 % 0% 6/30/2016 0%114%17%15%33%17%50%17%40%13%0% Palo Alto Av Guinda Guinda 12% Ev e r e t t A v 14% Ly t t o n A v e 60% 77%46% Un i v e r s i t y A v 47% Ha m i l t o n A v 23%27%0%11% 17%50%38%58% 0%22 % 57 % 22 % 0% 0% 0%56% Ha w t h o r n e A v 50% Ev e r e t t A v 60% Ly t t o n A v 50 % 14 % 43 % 71 % 11 % 67 % 50 % 13 % 10 0 % 0%0% 38% 0%0% 75%92%70% Kipling 36% 64 % 57 % 50 % 0% 60% Kipling St 65%64%92% 22 % 44 % 17 % 83 % 12 5 % 30 % 35 % 38%73% 74 % 53 % 83 % 44 % 15 7 % 25 % 14 % 50 % 71 % 10 0 % 71 % 63 % 42 % 26 % 90 % 21 % 38 % 10 0 % 10 0 % 84 % 11 0 % 50 % 75 % 11 7 % 20 % 67 % 111%79% 73 % 78 %0%89 % 17 % 35 % 100% 10 0 % 88 % 75 % 10 0 % 12 5 % 0% Emerson St Emerson 12 9 % 15 7 % 11 3 % 80 % 75 % 11 4 % 13 8 % 10 9 % 10 0 % 100%33%29% 107%30% 36 % Pa l o A l t o A v 50%42%85%61%94%129%100% 38 % 0% 50%50%78%100%69%100%64%0%0% 10 0 % 0% 10 0 % 75 % 10 0 % 10 0 % 40 % 50 % 38 % 56 % 44 % 38 % 10 0 % 88 % 75 % 10 0 % 12 5 % 0% Alma St Alma9% 36 % Pa l o A l t o A v City of Palo Alto Downtown Parking Survey 12 PM - 2 PM 0%0%29% 0%10% 24 % Pa l o A l t o A v 13%50%8%0%6%0%0% 18 % 22 % 50 % 22 % 0% 6% 45% 0% 25 %0%0%0%0% Emerson St Emerson 0%0%0%20 % 50 % 57 % 38 %0%0% 0% 11 %0% 0%0% 5%0% 0%13 % 50 % 40 % 29 % 0%29% 0% 0%27% 26 % 20 % 0%0%0% 13 % 29 % 67 %0%0%0% 5%16 %5% 23% 0%0% 25%0%30% Kipling 14% 18 % 29 % 17 % 0% 27% Kipling St 0%27%0% 0%11 % 17 %0%0% 4% 38 % 13 %0%22 % 0% 0% 0%44% Ha w t h o r n e A v 42% Ev e r e t t A v 13% Ly t t o n A v 33 %0%29 % 43 % 11 % 0% 0% 13 % 21 % 0%0% 10%0%0% Palo Alto Av Guinda Guinda 4% Ev e r e t t A v 0% Ly t t o n A v e 10% 31%31% Un i v e r s i t y A v 47% Ha m i l t o n A v 15%27%9%16% 33%25%23%25% 6/30/2016 0%57%0%8%20%0%14%0% 0% 0% 0%50 % 0%0%0%0%29 % 11 % 25 % 22 %7%10 %0%8%36 % 29 % 0%0%0% 25 %0% 0% 50 %0%0%0% 0%0%7%0% 5% Pa l o A l t o A 10 0 % 0% 8%0% 0%0% Fulton 21%40%25%45%0% Fulton St 25% 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 0% Ad d i s o n 0% Lin c o l n 0% Kin g s l e y 0% Pa l o A l t o A v Byron St Byron 18 % 6%27%31%0%0% 44 % 8%50%13%0%0%0%0%52% Ke l l o g g 38% 40 % 24 % 13 %7%13 %0%40 % 0%0%0%0%0%38 % 50% 14 % 11 % 11 %0%0%0%0%0%0%0%0%0%0%0% 21% Webster St Webster Webster Webster 43%33%20%0%27%0%14%13%31% 6% 25%69%22%75% 0%14 %0%0% 22 % 28 % 22 % 0% 6% Un i v e r s i t y A v 0%30%0%0% 0%0% Me l v i l l e 0%0%21% 0%0%40 % 0%29 % 0%31 % 50 % 12 % 0% 40%0%15%23% Ha m i l t o n A v 42%14% 18% Tasso St Tasso 0%0%0%0%17% 7%10%33%31%0%8%6%12%20%0%0%0% 0% 17 %0% 13 %0%0%0%0% 22 % 0%0%0%0% 0% ## # # # 22 % 50% 0% Cowper St Cowper Cowper Cowper Ru t h v e n A v 21%0%27%43%8%18%0%12%36%14%24%0%0%0% 13 % 27 %0% 22%15%8%0%0%23%46%0%13%13% 70 % 53 % 25 % 11 %0% 17 % 33 %6%0% 12%0% Waverley St Waverley Waverley0% 4% 18%50%44%9%7%0%0%60%7%8%13%12%0%17% 6%11 % 28 % 12 % 15 % 38 % 29 % 39 % 19 % 20 % #D I V / 0 ! 0%0%Pa l o A l t o A v 0% Po e S t 8%0% 21 % 0%0% 0% 0%0%0%67 % 56 % 20%0%50%13%9%0%0%13%0%44%0%17% Bryant St Bryant9% Ha w t h o r n e A v 0% Ev e r e t t A v 20% Ly t t o n A v 0% Un i v e r s i t y A v 0% Ha m i l t o n A v 0% Fo r e s t A v 13% Ho m e r A v 27% Ch a n n i n g A v 0%0%26% Kin g s l e y 25% 6% 17 % 20 % 13 %0%0%0%0%0%44 % 43 % 40 % 20 % 6%38%0%0%20%50%33%19% Ramona St Ramona8%19%0%0%0%7%20%33% 11 % 10 % Ad d i s o n 33% 0% 6%23%15%0%0%0%0%0%0%11%0% Lin c o l n 33% 33 % 33 % 11 %0%0%0%0%0% 7%Legend 13 %8% 38 % 43 %0%0%0%0% 10 %0%0%0%0%0%0%0%0% 25 % 13 % 20 % 50 % 0% - 25% Parking Occupancy 7%15%0%0%0%0%6%0%42%0%25% - 50% Parking OccupancyHigh St High 50%+ Parking Occupancy17%50%0%0%7%0% 0% 50 % 11% 0%0%0% 13 %0%0%0%0%0% 33 % Alma St Alma0% 24 % Pa l o A l t o A v 0% 25 %0%0%0%0% 13 %8% 50 % 11% 6%0%0%0%0%100%64%0%8% 0%0%0% 13 %0%0%0%0%0% 33 % Resident Permits City of Palo Alto Downtown Parking Survey 12 PM - 2 PM 0%8%18% 0%0% 12 % Pa l o A l t o A v 69%8%31%0%0%0%0% 27 %0%13 % 11 % 4% 12 % 18% 0%0% 13 %0%0% 14 % Emerson St Emerson 0%0%0%20 % 13 % 43 % 38 %9%0% 0% 5%0% 0%0% 0%0% 0%0% 33 %7%38 % 0%36% 0% 13%36% 0%0% 0%0%0% 0%0%0%0%0%0% 5%0%0% 0% 0%0% 8%0%0% Kipling 0% 0%14 %0% 0% 7% Kipling St 18%18%0% 0%11 %0%0%0% 17 % 0%0%14 %0% 0% 0% 0%0% Ha w t h o r n e A v 0% Ev e r e t t A v 40% Ly t t o n A v 0%0%0%0%0% 0% 10 0 % 25 % 14 % 0%0% 0%0%0% Palo Alto Av Guinda Guinda 0% Ev e r e t t A v 0% Ly t t o n A v e 40% 0%0% Un i v e r s i t y A v 7% Ha m i l t o n A v 8%0%0%0% 0%25%0%0% 6/30/2016 0%0%0%0%7%0%0%0% 0% 0% 0%0%0%0%0%0%0%0%0% 6%0%10 % 17 % 38 %0% 29 % 0%0%0% 0%0% 0% 50 %0%0%0% 0%30%0%0% 0% Pa l o A l t o A 10 0 % 0% 0%0% 0%0% Fulton 0%0%17%27%0% Fulton St 17% 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 14% Ad d i s o n 0% Lin c o l n 0% Kin g s l e y 0% Pa l o A l t o A v Byron St Byron 0% 0%0%0%62%0% 44 % 0%0%20%69%0%0%0%52% Ke l l o g g 38% 25 %6%7%33 % 50 %0%40 % 0%0%0%0%0%38 % 50% 0%0%0%0%14 % 25 % 22 %0%0%0%0%0%0%0% 21% Webster St Webster Webster Webster 0%0%60%10%27%14%0%31%19% 0% 25%69%22%75% 0%0%0%13 % 0%6%11 % 0% 0% Un i v e r s i t y A v 0%0%0%0% 0%0% Me l v i l l e 0%0%21% 0%0%10 % 18 % 7%15 % 6%8%0%0% 13%44%23%15% Ha m i l t o n A v 8%0% 18% Tasso St Tasso 0%0%0%0%17% 0%0%0%0%0%0%0%24%7%0%0%0% 0%0%0%0%0%0%0%0% 22 % 0%0%0%0% 0% ## # # # 22 % 50% 0% Cowper St Cowper Cowper Cowper Ru t h v e n A v 0%13%9%0%0%0%0%12%7%0%0%0%0%0% 0%0%0% 33%15%8%0%0%38%0%7%7%0% 10 %7%13 % 0%0% 6%17 %0%0% 0%0% Waverley St Waverley Waverley0% 0% 41%0%22%9%0%0%0%40%7%25%50%0%0%0% 12 %0%0%24 % 31 % 13 % 0%6%5%0% #D I V / 0 ! 0%0%Pa l o A l t o A v 0% Po e S t 0%0% 32 % 0%0% 0% 0%0%0%11 %0% 20%0%0%0%18%0%0%25%0%44%0%0% Bryant St Bryant5% Ha w t h o r n e A v 7% Ev e r e t t A v 20% Ly t t o n A v 0% Un i v e r s i t y A v 0% Ha m i l t o n A v 0% Fo r e s t A v 20% Ho m e r A v 20% Ch a n n i n g A v 0%0%0% Kin g s l e y 0% 0% 0%0%0%0%0%0%9%0%0%0%0% 0%0%15%0%0%0%36%6%6% Ramona St Ramona0%25%0%0%0%40%7%58% 0%10 % Ad d i s o n 0% 0% 75%15%23%0%0%0%7%0%0%28%0% Lin c o l n 7% 0%0%11 %0%0%0%0%0% 0%Legend 0%0% 0%0%0%0%0%0%0%0%0%0%0%0%0%0%0% 25 % 13 % 50 %0%0% - 25% Parking Occupancy 7%15%0%0%0%0%0%0%42%0%25% - 50% Parking OccupancyHigh St High 50%+ Parking Occupancy42%10%0%0%0%0% 0% 25 % 11% 0%0%0%0% 13 %0%0%0%0%0% Alma St Alma4% 12 % Pa l o A l t o A v 0%0% 13 %0%0% 14 % 0%0% 25 % 11% 44%0%11%0%0%100%64%0%17% 0%0%0%0% 13 %0%0%0%0%0% Employee Permits City of Palo Alto Downtown Parking Survey 12 PM - 2 PM 77%25%0% 80%80% Alma St Alma9% 20 % Pa l o A l t o A v 0%17%54%78%94%100%88% 27 % 56 %0%22 % 4% 35 % 18% 0% 38 % 38 % 10 0 % 75 % 71 % Emerson St Emerson 10 0 % 12 9 % 10 0 % 60 % 13 %0%38 % 73 % 50 % 70 % 32 % 10 0 % 43 % 86 % 74 % 50 % ## # # # 63 % 17 % 47 % 24 % 117%36% 25 % 25%27% 16 % 40 % 10 0 % 56 % 12 9 % 13 % 29 % 17 % 71 % 86 % 10 0 % 84 % 74 % 58 % 15% 0%0% 42%92%20% Kipling 14% 82 % 14 % 33 % 0% 27% Kipling St 53%36%100% 56 % 44 % 33 % 67 % 15 0 % 30 % 25 %9%29 %0% 0% 0% 20%0% Ha w t h o r n e A v 17% Ev e r e t t A v 20% Ly t t o n A v 33 %0%0%0%0% 56 % 0% 63 % 21 % 0%0% 10%13%0% Palo Alto Av Guinda Guinda 4% Ev e r e t t A v 0% Ly t t o n A v e 20% 23%23% Un i v e r s i t y A v 0% Ha m i l t o n A v 23%9%9%11% 0%13%0%25% 6/30/2016 0%0%33%0%7%0%0%8% 0% 0% 17 % 0%17 % 0%57 % 0%14 % 0%0% 11 % 20 % 60 % 33 % 31 % 21 % 29 % 0%0%0% 10 0 % 0% 0% 50 %0%0%0% 0%20%20%0% 0% Pa l o A l t o A 10 0 % 20 % 25%0% 33%0% Fulton 4%20%8%27%0% Fulton St 17% 0% Middlefield Av Middlefield Middlefield 60 % Fo r e s t Ho m e r Ch a n n i n g 29% Ad d i s o n 8% Lin c o l n 0% Kin g s l e y 0% Pa l o A l t o A v Byron St Byron 0% 0%7%31%31%0% 44 % 23%7%33%31%0%0%0%52% Ke l l o g g 38% 10 % 18 % 27 % 20 % 44 % 21 % 40 % 0%0%0%0%0%38 % 50% 14 %0%0%0%43 % 50 % 56 %0%0%0%0%0%0%0% 21% Webster St Webster Webster Webster 7%27%13%70%27%71%14%44%25% 0% 19%69%22%75% 0%0%11 % 13 % 0%17 % 33 % 78 % 76 % Un i v e r s i t y A v 0%0%77%0% 0%0% Me l v i l l e 0%86%21% 83 % 41 % 40 % 64 % 36 % 62 % 31 % 25 % 47 % 12 % 53%25%23%46% Ha m i l t o n A v 33%36% 18% Tasso St Tasso 0%0%0%0%17% 7%20%25%38%60%75%76%12%20%0%0%0% 29 %0%0%0% 83 % 91 %0%0% 22 % 0%0%0%0% 0% ## # # # 22 % 50% 4% Cowper St Cowper Cowper Cowper Ru t h v e n A v 0%88%0%29%58%73%92%6%14%29%12%0%0%0% 6%33 %0% 22%54%115%60%162%8%8%43%27%19% 60 % 27 % 13 % 22 % 25 % 11 % 44 %6%0% 6%0% Waverley St Waverley Waverley0% 4% 0%75%22%55%93%106%30%10%33%33%0%24%5%0% 35 % 21 % 22 % 41 % 54 % 13 % 24 % 11 % 10 %5% #V A L U E ! 0%25 %Pa l o A l t o A v 0% Po e S t 23 %0% 21 % 100%82% 75% 33 % 10 0 % 56 % 11 % 11 % 20%0%25%63%64%60%100%38%#VALUE!44%0%8% Bryant St Bryant5% Ha w t h o r n e A v 43% Ev e r e t t A v 50% Ly t t o n A v 45% Un i v e r s i t y A v 63% Ha m i l t o n A v 75% Fo r e s t A v 53% Ho m e r A v 33% Ch a n n i n g A v #VALUE!#VALUE!0% Kin g s l e y 0% 17 % 17 % 60 % 25 % 80 % 83 % 86 % 73 % 50 % 11 %0%0% 20 % 22%31%86%106%40%14%11%13% Ramona St Ramona33%13%75%100%82%47%67%8% 33 % 20 % Ad d i s o n 33% 40 % 25%54%31%57%106%93%93%92%31%28%0% Lin c o l n 0% 33 % 33 % 56 % 10 0 % 10 0 % 10 0 % 89 % 10 0 % 7%Legend 13 % 54 % 38 % 71 % 63 % 10 0 % 10 0 % 40 % 10 0 % 63 % 25 % 40 % 50 % 83 % 10 0 % 17 % 75 %0%0% 50 %0%0% - 25% Parking Occupancy 67%38%100%70%100%94%75%133%17%0%25% - 50% Parking OccupancyHigh St High 50%+ Parking Occupancy25%30%63%92%93%100% 18% 25 % 11% 19%57%78%71%81%100%64%62%0% 0%0% 67 % 50 % 88 % 88 % 40 % 88 % 10 0 % 33 % No Permits City of Palo Alto (ID # 7172) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Correction to NCPA Professional Services Agreement Title: Adoption of a Resolution Approving an Updated FY2017 Professional Services Agreement Between the Northern California Power Agency and the Cities of Palo Alto and Santa Clara for Electric Transmission, Generation and Regulatory Consulting Services, Repealing Resolution No. 9604 and Finding That Such Approval is not a Project Subject to California Environmental Quality Act (CEQA) Review From: City Manager Lead Department: Utilities Recommendation Staff recommends: 1) Council adopt a resolution authorizing the City Manager, or his designee, to execute the Fiscal Year 2017 Professional Services Agreement between the Northern California Power Agency and the Cities of Palo Alto and Santa Clara for Electric Transmission, Generation and Regulatory Consulting Services with a corrected amount for Palo Alto’s share of the cost of the consulting services of 23.4%, and repealing Resolution No. 9604, which approved the prior version of the Fiscal Year 2017 Professional Services Agreement. 2) Council find that approval of the Fiscal Year 2017 Professional Services Agreement between the Northern California Power Agency and the Cities of Palo Alto and Santa Clara for Electric Transmission, Generation and Regulatory Consulting Services does not require review under the California Environmental Quality Act because it does not meet the definition of a “project” under Public Resources Code Section 21065. Executive Summary The Northern California Power Agency (NCPA) provides contract management services to the Cities of Palo Alto and Santa Clara for consulting services related to electric transmission issues affecting them both. For consulting agreements executed by NCPA on behalf of one, or a subset of, NCPA members, and to which the members are not a party, NCPA requires that those members enter into a Professional Services Agreement with NCPA. NCPA has a separate contract with Flynn Resource Consultants, Inc. (Flynn RCI) to provide electric transmission City of Palo Alto Page 2 consulting services to Palo Alto and Santa Clara (Attachment C). The approval of the Fiscal Year 2017 Professional Services Agreement with NCPA (Attachment B) is the subject of this report. Council approved the FY 2017 Professional Services Agreement at its June 20, 2016 meeting. However, on receiving the final copy for of the agreement from NCPA for signature, staff realized that Palo Alto’s percentage share had not been updated in the version approved by Council. Palo Alto’s share of the one year Flynn RCI contract and NCPA’s contract management fees should be 23.4%, not 22.3%, capping the City’s share at $153,855 for FY 2017 instead of $146,662. Background NCPA is a joint powers agency whose members are publicly owned electric utilities, including Palo Alto (City). NCPA arranges for delivery of the City’s electric power on the electric transmission system to the point of interconnection with the City’s distribution system, and manages electric resources that the City jointly owns with other NCPA members. Following the 2000/2001 California electricity market crisis, the California Independent System Operator (CAISO) initiated a major redesign of the state’s electricity markets, in which the City participated with the consulting assistance of Flynn RCI. The Cities of Palo Alto, Alameda, and Santa Clara identified common interests in advocating for certain market design proposals, and formed the group referred to as the Bay Area Municipal Transmission Group, or BAMx. Recognizing their need for technical and regulatory consulting services, the BAMx members considered ways to reduce costs by sharing a consultant. The options considered included forming a new joint powers agency that would then retain a consultant; entering into three separate consulting agreements with one consulting company; or working through NCPA. At the time the members decided that the best alternative was to ask NCPA to provide the consulting services, thereby reducing administrative costs and facilitating coordination with other NCPA members with common interests. Subsequently, in 2003, the BAMx members requested that NCPA provide professional consulting services related to electric transmission, power generation, regulatory issues, and electric market design issues affecting the three cities. The wider NCPA membership was not engaged in the issues of interest to BAMx, so on March 1, 2003 NCPA entered into a consulting agreement with Flynn RCI to provide these services to the BAMx members. Since March 2003, Flynn RCI has been representing BAMx in Bay Area electric transmission expansion planning processes, at CAISO proceedings related to electric market design in California, in filings at the Federal Energy Regulatory Commission, and in other regional electric transmission planning venues. BAMx, through Flynn RCI, its consultant, has also advocated for improved reliability of electricity transmission service in and to the Bay Area, has influenced the CAISO’s electric transmission planning process to provide for more effective stakeholder participation, and has persuaded the CAISO to take on the responsibility of forecasting the rapidly increasing transmission access charges. BAMx has also had some success in influencing the transmission interconnection process, thereby lowering the anticipated transmission access City of Palo Alto Page 3 charge increases. Specific examples of recent activities that have resulted from the ongoing partnership between BAMx, NCPA and Flynn are listed below: Active participation in the CAISO’s regionalization efforts. The CAISO is currently looking at options to expand its footprint to include PacifiCorp (an electric power company operating throughout the Northwestern United States). While expansion of the CAISO could bring benefits to California, the CAISO’s original proposal would have exposed California ratepayers to billions of dollars in increased transmission charges, which could increase Palo Alto’s electric transmission costs by $2-$4 million per year. BAMx has leveraged its relationship with NCPA and the California Municipal Utilities Association to intervene in the CAISO’s regionalization proceedings and advocate for the City’s electric ratepayers. BAMx members have also received encouragement from California legislative staff to continue our ratepayer advocacy activities at the CAISO. Participation in California Public Utilities Commission (CPUC) regulatory proceedings to question the need for a major transmission projects in Southern California, the cost of which is spread to Northern California ratepayers. Development of a transmission cost forecasting model that became the basis for a CAISO forecasting model. The model provides information on the impacts of future transmission projects to electric ratepayers. Discussion As the current contract between NCPA and Flynn RCI expired on June 30, 2016, NCPA staff is preparing to extend the agreement to continue the consulting services from Flynn RCI for FY 2017, and this agreement is provided for information in Attachment C. Also this year, Alameda has left the BAMx group and so the total budget for the consulting services has been reduced by $110,000 to $650,000. NCPA requires the remaining two BAMx members to execute a new Professional Services Agreement for FY 2017, which is the subject of this report and the attached Resolution. The Professional Services Agreement between NCPA and the BAMx members (Attachment B) states that NCPA is performing or providing these services at the request of the BAMx members, and formalizes NCPA’s role in processing invoices from Flynn RCI and allocating the monthly charges to each BAMx member. The allocation of charges between the BAMx members is in proportion to each member’s share of energy delivered in the calendar year prior to the contract term. For the contract period (July 1, 2016 through June 30, 2017), the City’s share is 23.4% based on energy deliveries in calendar year 2015. With the total contract amount decrease of $110,000 from last year and changes in energy deliveries in 2015 relative to Santa Clara, Palo Alto’s share for FY2017 is capped at $153,855. The detailed cost allocation to the BAMx members is provided in Table 1. City of Palo Alto Page 4 Table 1: Contract Cost Allocation % Share Flynn Contract NCPA Admin Fee Total Palo Alto 23.4% $ 152,100 $ 1,755 $ 153,855 Santa Clara 76.6% $ 497,900 $ 5,745 $ 503,645 Total 100.000% $ 650,000 $ 7,500 $ 657,500 The agreement also contains provisions that limit NCPA’s liability and that of non-participating NCPA members, which NCPA requires in all of its agreements. The value to the City of participating in BAMx is the continued advocacy for fair and equitable electric market rules, beneficial electric transmission solutions, and effective stakeholder participation in electric transmission planning processes. BAMx takes a lead role in advocating for rigorous economic and needs analyses in the CAISO’s transmission planning proceedings to build new transmission to potential renewable electric resource sites in remote locations. To put this in context for Palo Alto, every $100 million in transmission investments in the CAISO increases the high voltage transmission charge by six to seven cents, resulting in an increase in annual costs for the City’s electric portfolio of $60-70,000 (about 0.7% of the City’s 2015 high voltage transmission access cost of $9.5 million). Resource Impact The City’s share of the Flynn RCI contract is incorporated into the Electric Fund’s proposed budget for FY 2017. The Consulting Agreement between NCPA and Flynn RCI (Attachment C) specifies a not-to-exceed contract amount of $650,000 for FY 2017. NCPA will also charge an annual fee of $7,500 for monthly billing and contract preparation and review. The City’s share is 23.4% of the total cost or $153,855 for the one-year contract term. Policy Implications Entering into this agreement does not create new policy, is consistent with existing policy, and is consistent with the Utilities Strategic Plan’s focus on system reliability and cost control. Environmental Review The Council’s adoption of a resolution authorizing the City Manager to execute the attached professional services agreement does not require review under the California Environmental Quality Act, because it does not meet Public Resources Code Section 21065’s definition of a “project”. Attachments: Attachment A: RESO NCPA Professional Services Agreement BAMx and Flynn RCI Draft (PDF) Attachment B: FY17 BAMx Professional Services Agreement - Final (PDF) Attachment C: FY17 Amendment No. 1 to the Consulting Services Agreement (PDF) ATTACHMENT A NOT YET APPROVED 160728 jb 6053803 Resolution No. _______ Resolution of the Council of the City of Palo Alto Authorizing the City Manager to Execute the Fiscal Year 2017 Professional Services Agreement Between the Northern California Power Agency and the Cities of Palo Alto and Santa Clara For Electric Transmission, Generation and Regulatory Consulting Services, and Repealing Resolution No. 9604 R E C I T A L S A. The City of Palo Alto (“City”), a municipal utility and a chartered city, is a member of the Northern California Power Agency (“NCPA”). B. In 2003, Palo Alto, along with two other NCPA members, the Cities of Alameda and Santa Clara, formed the Bay Area Municipal Transmission Group (“BAMx”) and requested that NCPA provide professional consulting services related to electric transmission, power generation, regulatory issues, and electric market design issues affecting the BAMx members. C. Since 2003, NCPA has contracted with Flynn Resource Consultants, Inc. (“Flynn RCI”) to provide these consulting services to the BAMx members. D. The current contract between NCPA and Flynn RCI expires on June 30, 2016 and NCPA is amending the contract with Flynn RCI to continue to provide these consulting services for Fiscal Year (FY) 2017. E. In 2015, the City of Oakland, acting by and through its Board of Port Commissioners (the “Port of Oakland”) expressed a desire to join BAMx, and the BAMx members desired to add the Port of Oakland to their membership. F. In 2016, the Port of Oakland and City of Alameda both withdrew from BAMx membership (hereinafter, references to “BAMx” include the Cities of Palo Alto and Santa Clara). G. For consulting agreements executed by NCPA on behalf of one, or a subset of, NCPA members, NCPA requires that those members enter into a Professional Services Agreement with NCPA. H. The Professional Services Agreement between the BAMx members and NCPA specifies the terms and conditions under which NCPA will procure the requested professional consulting services from Flynn RCI and allocate charges between the BAMx members. I. The Council approved a version of the FY 2017 Professional Services Agreement at its June 20, 2016 meeting, but the final version of the Agreement incorrectly increased the City’s percentage share of the contract by 1.1%, resulting in a higher not-to-exceed amount than was authorized by the Council in Resolution No 9604. The Council now wishes to approve the attached version of the FY 2017 Agreement and repeal Resolution No. 9604 which included the prior version with the incorrect value for Palo Alto’s share of the total cost. The Council of the City of Palo Alto RESOLVES as follows: ATTACHMENT A NOT YET APPROVED 160728 jb 6053803 SECTION 1. The Council authorizes the City Manager, or his designee, to execute the Fiscal Year 2017 Professional Services Agreement between the Northern California Power Agency and the Cities of Palo Alto and Santa Clara for Electric Transmission, Generation, and Regulatory Consulting services (Attachment B), in an amount not to exceed $153,855 for Palo Alto’s share for the one year contract term. SECTION 2. Resolution No. 9604, which approved a prior version of the Fiscal Year 2017 Professional Services Agreement that included an incorrect value for Palo Alto’s share of the total cost, is repealed. SECTION 3. The Council finds that funds to cover the City’s share of the Flynn RCI contract are allocated in the Electric Fund’s proposed budget for FY 2017. SECTION 4. The Council finds that the adoption of this resolution does not require review under the California Environmental Quality Act, because it does not meet Public Resources Code Section 21065’s definition of a “project”. Section 15378(b)(3) of the CEQA Guidelines provides that “[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” are not projects under CEQA. 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 1 BAMx PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND THE CITIES OF PALO ALTO AND SANTA CLARA (THE "BAY AREA MUNICIPAL TRANSMISSION SERVICES AGREEMENT" OR "BAMx AGREEMENT") This Professional Services Agreement (“Agreement”) is made by and between the NORTHERN CALIFORNIA POWER AGENCY (“NCPA”), a joint powers agency, and the Cities of Palo Alto and Santa Clara (each referred to as a "Contracting Member" and jointly referred to as “Contracting Members” or "BAMx Participants"). NCPA and the Contracting Members are together sometimes referred to herein individually as a “Party” and collectively as “the Parties.” This Agreement is made as of ___________, 2016 (the “Effective Date”) in Roseville, California. Section 1. RECITALS This Agreement is entered into based on the following facts, among others: 1.1 NCPA is a public agency created by a joint powers agreement established under California law for the purpose of assisting its members in the efficient use of their common powers. 1.2 Contracting Members are engaged in, among other things, transmitting and distributing electric power within their respective corporate limits. Contracting Members are also each a member of NCPA. Contracting Members jointly desire that NCPA provide Contracting Members with the Services described in this Agreement. 1.3 Article III, section 3 of the “Amended and Restated Northern California Power Agency Joint Powers Agreement” (as amended and effective January 1, 2008) (hereinafter “JPA”) entitled “Powers and Functions” provides that "none of the debts, liabilities or obligations of NCPA shall be the debts, liabilities or obligations of any of the members of NCPA unless assumed in a particular case by resolution of the governing body of the member to be charged." Notwithstanding the foregoing, Article V, section 1 of the JPA entitled “General Provisions” provides that “[t]he governing Commission of NCPA is authorized to procure public liability and other insurance as it deems advisable to protect NCPA and each of the parties hereto, charging the cost thereof to the operating costs of NCPA.” 1.4 Contracting Members desire to secure NCPA’s Services under this Agreement in a manner that balances their interests and the interests of other NCPA members with the ongoing financial viability and professional responsibilities of NCPA. Accordingly, Contracting Members desire to secure NCPA’s Services under this Agreement by accepting a limited insurance based recourse against NCPA, with the option of procuring additional insurance at Contracting Members' sole expense. By so doing, the Parties thereby ensure that NCPA will substantially limit its risk for the provision of such Services and allocates risks back to the Contracting Members in the event NCPA is not adequately insured. ATTACHMENT B 2 BAMx PROFESSIONAL SERVICES AGREEMENT 1.5 The Parties have previously entered into a professional services agreement for this same purpose dated as of July 1, 2015 (“the Prior Agreement”) the term of which ends on June 30, 2016. NOW THEREFORE, in consideration of the mutual covenants and promises set forth, NCPA and Contracting Members agree as follows: Section 2. DEFINITIONS Whenever used in this Agreement with initial capitalization, these terms shall have the following meanings as applicable, whether in the singular or plural: 2.1 “Good Utility Practice” shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result of the lowest reasonable cost consistent with good business practices, reliability, safety and expedition and the requirements of the Northern American Electric Reliability Corporation ("NERC") or Western Electric Coordinating Council ("WECC") Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the region. 2.2 “NCPA Members” shall mean the signatories to the JPA or those agencies which have executed an Associate Member Agreement with NCPA. 2.3 “Stranded Costs” shall mean all costs incurred by NCPA in providing Services to Contracting Members under this Agreement that could not reasonably be avoided by NCPA from the date it receives a written Notice of Termination. Such costs may include, but not be limited to, salary and employment costs, rent, utilities, or contracts incurred to provide Services under this Agreement. In this regard, Contracting Members acknowledge that NCPA will be entering into professional services agreements with third persons under the terms of this Agreement, and that sums owing to such third persons may become Stranded Costs upon termination of this Agreement. 2.4 “Uncontrollable Forces” shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm, flood, earthquake, explosion, any curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities or any other cause beyond the reasonable control which could not be avoided through the exercise of Good Utility Practice. Section 3. SERVICES TO BE PROVIDED; AUTHORIZED REPRESENTATIVES; STANDARD OF PERFORMANCE 3.1 This Agreement is entered into by the Parties in order for NCPA to provide services to Contracting Members for the services described in Exhibit A hereto (“Services”). The Services 3 BAMx PROFESSIONAL SERVICES AGREEMENT do not include supervision of the performance of any of the third persons with whom contracts are entered into; such supervision shall be provided by the Contracting Members. 3.2 The following are the authorized representatives of the Parties (“Authorized Representatives”) for contract administration purposes under this Agreement: NCPA: David Dockham, Dave.Dockham@ncpa.com Assistant General Manager Northern California Power Agency 651 Commerce Drive Roseville, CA 95678 916-781-4207 Fax 916-781-4255 PALO ALTO: Debra Lloyd, Debra.LLoyd@cityofpaloalto.org Utilities Compliance Manager City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 650-329-2369 Fax: 650-326-1507 SANTA CLARA: Joyce Kinnear, JKinnear@SantaClaraCA.gov Division Manager 1601 Civic Center Dr. # 201 Santa Clara, CA 95050 408-615-6656 Fax 408-261-2717 No Authorized Representative is authorized to amend any provision of this Agreement except in accordance with Section 12.16. 3.3 Standard of Performance. NCPA will perform the Services using that level of skill and attention reasonably required to complete the Services in a competent and timely manner. 3.4 Assignment of Personnel. NCPA shall assign only competent personnel to perform Services pursuant to this Agreement. In the event that Contracting Members, in their sole discretion, at any time during the term of this Agreement, jointly desire the reassignment of any such persons, NCPA shall, immediately upon receiving notice from each Contracting Member of such desire of the Contracting Members, reassign such person or persons. 3.5 Time. NCPA shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 3.3, above and to satisfy NCPA’s obligations hereunder. 4 BAMx PROFESSIONAL SERVICES AGREEMENT Section 4. TERM AND TERMINATION 4.1 Authorization to Perform Services. NCPA is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until its receipt of a written resolution and/or other appropriate/applicable authorization from each Contracting Member’s governing body confirming each Contracting Member’s authority to enter into this Agreement and confirming that each Contracting Member has allocated funds for and approved contract payments to NCPA under this Agreement. 4.2 Term. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2017. 4.3 Early Termination and Stranded Costs. This Agreement may be terminated by either NCPA or by the Contracting Members, upon 30 days written notice to all other Parties (“Notice of Termination”). Provided, however, that a Notice of Termination on behalf of the Contracting Members shall be executed by each Contracting Member to be effective. In the event of an early termination, Contracting Members shall pay NCPA for all fees and costs required under this Agreement through the effective date of their Notice of Termination plus all Stranded Costs. Upon payment of the above amounts, no Parties shall have any further obligations under this Agreement except as otherwise set forth in Section 5.7 regarding the survival of defense and indemnity obligations. Section 5. INDEMNITY AND INSURANCE 5.1 Limitation of NCPA’s Liability. 5.1.1 Except as provided in this section 5.1, NCPA shall not at any time be liable for any injury or damage occurring to Contracting Members or any other person or property from any cause whatsoever arising out of this Agreement. 5.1.2 The provisions of section 5.1.1 shall not apply where the injury or damage occurring to Contracting Members is caused by the negligence of NCPA or of any employee, agent or contractor of NCPA; provided that any liability under this subsection is limited to the extent of the actual coverage and coverage limits of the NCPA insurance policies described in this Section 5. 5.1.3 Notwithstanding Section 5.1.2 above, the Contracting Members agree to reimburse NCPA, in a timely manner, for all deductibles and/or self-insured retentions payable for any claim, liability or damage arising out of this Agreement. 5.2 Indemnification of NCPA. Except as specified in Section 5.1.2 above, Contracting Members shall, at their sole cost and expense, indemnify and hold harmless NCPA and all associated, affiliated, allied, member and subsidiary entities of NCPA, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as “Indemnitees”), from and against any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, 5 BAMx PROFESSIONAL SERVICES AGREEMENT without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees arising out of this Agreement. 5.3 Defense of Indemnitees. In the event any action or proceeding shall be brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Contracting Members shall, upon reasonable prior written notice from any of the Indemnitees, at Contracting Members' sole cost and expense, resist and defend the same with legal counsel mutually selected by Indemnitee and the Contracting Members, unless mutual selection of counsel is expressly prohibited by an applicable insurance policy; provided however, that neither Indemnitee nor Contracting Members shall admit liability in any such matter or on behalf of the other without express written consent, which consent shall not be unreasonably withheld or delayed, nor enter into any compromise or settlement of any claim for which Indemnitees are indemnified hereunder without prior express written consent. The Contracting Members' duty to defend shall begin upon receipt of a written notice identifying with specificity the allegations that give rise to this duty to defend. 5.4 Notice. The Parties shall give each other prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section 5. 5.5 Insurance. During the term of the Agreement and prior to beginning any work under this Agreement, NCPA shall maintain, or cause to be maintained, in full force and effect, and at its sole cost and expense, the types and limits of insurance as are annually approved by the governing Commission of NCPA. The types and limits of insurance that are applicable to this Agreement are evidenced by list of insurance coverages which is attached hereto as Exhibit C. NCPA warrants and represents that the types of insurance and coverage limits shown in Exhibit C are in full force and effect and shall remain so during the term of this Agreement unless NCPA gives prior written notification (of not less than 15 days) of modification, cancellation or rescission of such coverage. 5.6 Contracting Members' Acknowledgment of Option to Secure Additional Insurance. The Contracting Members acknowledge that there are limitations on NCPA’s liability to the Contracting Members under this Section 5 and that the Contracting Members may need to purchase additional insurance of their own to cover the additional risks and the potential additional liabilities they are assuming under this Agreement. Contracting Members agree that they will, with respect to any additional insurance they obtain or which is otherwise available to Contracting Members, cause their insurers to issue an endorsement providing a waiver of subrogation rights as to Indemnitees. 5.7 Survival of Obligations. The defense and indemnity obligations of Section 5 shall survive the termination of this Agreement. Section 6. COMPENSATION 6.1 Charges and Reserves. 6 BAMx PROFESSIONAL SERVICES AGREEMENT 6.1.1. Monthly Charges. Charges for the Services provided hereunder shall be the sum of (a) and (b) below, and shall be billed separately to each BAMx Participant in accordance with Exhibit B: (a) Six Hundred Twenty Five Dollars ($625) per month for services provided by NCPA to the BAMx Participants under this Agreement; and (b) Fifty Four Thousand One Hundred Sixty Seven Dollars ($54,167) per month for services provided to the BAMx Participants directly by Flynn Resource Consultants Inc., under the CONSULTING SERVICES AGREEMENT BETWEEN THE NORTHERN CALIFORNIA POWER AGENCY AND FLYNN RESOURCE CONSULTANTS INC., dated _____________, 2016. 6.1.2 Security Deposit. Contracting Members shall each maintain on deposit in its General Operating Reserve Account held at NCPA the sum of Zero Dollars ($0) as security to NCPA for liabilities NCPA could incur under this Agreement. Contracting Members hereby authorize NCPA to reserve and commit this sum in its General Operating Reserve Account for the payment of the aforementioned liabilities should same become necessary. Interest on monies held by NCPA pursuant to this section shall be credited in accordance with the then standard practices of NCPA relating to the General Operating Reserve Account. Section 7. BILLING AND PAYMENT 7.1 Invoices. NCPA shall submit invoices to Contracting Members, not more often than once a month during the term of this Agreement, for Services performed and reimbursable costs incurred prior to the invoice date. 7.2 Monthly Payment. Contracting Members shall make monthly payments, based on invoices received, for Services performed, and for authorized reimbursable costs incurred. Contracting Members shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay NCPA. Any amount due on a day other than a business day, i.e., any day except a Saturday, Sunday, or a Federal Reserve Bank holiday, may be paid on the following business day. If all or any portion of a bill is disputed by Contracting Members, the entire amount of the bill shall be paid when due, and NCPA’s Authorized Representative shall be concurrently provided written notice of the disputed amount and the basis for the dispute. NCPA shall reimburse any amount determined to have been incorrectly billed, within ten (10) days after such determination. Amounts which are not paid when due shall bear interest computed on a daily basis until paid at the lesser of (i) the per annum prime rate (or reference rate) of the Bank of America NT & SA, or its successor, then in effect, plus two per cent (2%) or (ii) the maximum rate permitted by law. The provisions of this Section 7 shall survive expiration of this Agreement until satisfied. 7.3 Contracting Members shall pay for the Services pursuant to this Agreement. Contracting Members shall not pay any additional sum for any expense or cost whatsoever 7 BAMx PROFESSIONAL SERVICES AGREEMENT incurred by NCPA in rendering Services pursuant to this Agreement. Contracting Members shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall NCPA submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment in accordance with this Agreement. 7.4 Hourly Fees. Fees for work performed by NCPA on an hourly basis shall not exceed the amounts shown on the following fee schedule attached hereto as Exhibit B. 7.5 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to Contracting Members. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 7.6 Payment of Taxes. NCPA is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 7.7 Payment upon Termination. In the event that Contracting Members or NCPA terminates this Agreement pursuant to Section 4, Contracting Members shall compensate the NCPA for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written Notice of Termination. NCPA shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 7.8 Authorization to Perform Services. NCPA is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from each of the Contracting Members’ Authorized Representative following receipt of the required approvals under the terms of this Agreement. 7.9 The addresses of Contracting Members to which invoices shall be sent is: Debra Lloyd Utilities Compliance Manager City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 650-329-2369 Fax: 650-326-1507 Bob Kazlauskas City of Santa Clara Attn: Electric Department 1500 Warburton Ave Santa Clara, CA 95050 Bkazlauskas@svpower.com 408-615-6688 8 BAMx PROFESSIONAL SERVICES AGREEMENT Fax: 408-261-2717 Section 8. STATUS OF NCPA; FACILITIES AND EQUIPMENT 8.1 Independent Contractor. At all times during the term of this Agreement, NCPA shall be an independent contractor and shall not be an employee of Contracting Members. Contracting Members shall have the right to control NCPA only insofar as the results of NCPA's Services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 3.4; however, otherwise Contracting Members shall not have the right to control the means by which NCPA accomplishes Services rendered pursuant to this Agreement. Notwithstanding any other agency, state, local or federal policy, rule, regulation, law, or ordinance to the contrary, NCPA and any of its employees, agents, and subcontractors providing Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Contracting Members, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Contracting Member and entitlement to any contribution to be paid by Contracting Members for employer contributions and/or employee contributions for PERS benefits. 8.2 Facilities and Equipment. The facilities and equipment that may be necessary to perform the Services required by this Agreement shall be provided as follows: None. Section 9. UNCONTROLLABLE FORCES 9.1 Obligations of the Parties, other than those to pay money when due, shall be excused for so long as and to the extent that failure to perform such obligations is due to an Uncontrollable Force; provided, however, that if either Party is unable to perform due to an Uncontrollable Force, such Party shall exercise due diligence to remove such inability with reasonable dispatch. Nothing contained in this Agreement shall be construed as requiring a Party to settle any strike, lockout, or labor dispute in which it may be involved, or to accept any permit, certificate, contract, or any other service agreement or authorization necessary for the performance of this Agreement which contains terms and conditions which a Party determines in its good faith judgment are unduly burdensome or otherwise unacceptable. 9.2 Each Party shall notify the other promptly, by telephone to the other Party’s operating personnel and Authorized Representative identified in Section 3.2, upon becoming aware of any Uncontrollable Force which may adversely affect the performance under this Agreement. A Party shall additionally provide written notice in accordance with Section 12.8 to the other Party within 24 hours after providing. Each Party shall notify the other promptly, when an Uncontrollable Force has been remedied or no longer exists. Section 10. LEGAL REQUIREMENTS 10.1 Governing Law. The laws of the State of California shall govern this Agreement, without regard for the choice of law doctrine. 10.2 Compliance with Applicable Laws. NCPA and any subcontractors shall comply with 9 BAMx PROFESSIONAL SERVICES AGREEMENT all laws applicable to the performance of the Services hereunder. 10.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, NCPA and any subcontractors shall comply with all applicable rules and regulations to which Contracting Member is bound by the terms of such fiscal assistance program. 10.4 Licenses and Permits. NCPA represents and warrants to Contracting Member that NCPA and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. NCPA represents and warrants to Contracting Member that NCPA and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. 10.5 Nondiscrimination and Equal Opportunity. NCPA shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by NCPA under this Agreement. NCPA shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of NCPA thereby. NCPA shall include the provisions of this Subsection in any subcontract approved by Contracting Members' Authorized Representatives or permitted by this Agreement. Section 11. KEEPING AND STATUS OF RECORDS. 11.1 Records Created as Part of NCPA’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that NCPA prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Contracting Members. NCPA hereby agrees to deliver those documents to the Contracting Members upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Contracting Members and are not necessarily suitable for any future or other use. Contracting Members and NCPA agree that, until final approval by Contracting Members, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties, except as may otherwise be required by applicable law. 11.2 NCPA’s Books and Records. NCPA shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Contracting Members under this Agreement for a minimum of three (3) years, or for any longer period required 10 BAMx PROFESSIONAL SERVICES AGREEMENT by law, from the date of final payment to the NCPA to this Agreement. 11.3 Inspection and Audit of Records. Any records or documents that Section 11.2 of this Agreement requires NCPA to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Contracting Member. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of any Contracting Member or as part of any audit of any of the Contracting Members, for a period of three (3) years after final payment under the Agreement. 11.4 Confidential Information and Disclosure. During the term of this Agreement, any Party (“Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to another Party (“Receiving Party”). All such Information made available in a tangible medium of expression (such as, without limitation, on paper or by means of magnetic tapes, magnetic disks or other computer media) shall be marked in a prominent location to indicate that it is the confidential, proprietary and trade secret information of Disclosing Party at the time of disclosure to Receiving Party. Receiving Party shall hold Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Receiving Party shall not attempt to reverse engineer or in any manner create any product or information which is similar in appearance to or based on the Information provided by Disclosing Party. Receiving Party shall not disclose Disclosing Party’s Information to any person other than Receiving Party’s employees, agents, contractors and subcontractors who have a need to know in connection with this Agreement. Receiving Party’s confidentiality obligations hereunder shall not apply to any portion of Disclosing Party’s Information which: (a) Has become a matter of public knowledge other than through an act or omission of Receiving Party; (b) Has been made known to Receiving Party by a third party in accordance with such third party’s legal rights without any restriction on disclosure; (c) Was in the possession of Receiving Party prior to the disclosure of such Information by Disclosing Party and was not acquired directly or indirectly from the other Party or any person or entity in a relationship of trust and confidence with the other Party with respect to such Information; (d) Receiving Party is required by law to disclose; or (e) Has been independently developed by Receiving Party from information not defined as "Information" in this Agreement, as evidenced by Receiving Party's written records. Receiving Party shall return or destroy Disclosing Party’s Information (including all copies thereof) to Disclosing Party promptly upon the earliest of any termination of this Agreement or the Disclosing Party’s written request. Notwithstanding the foregoing, Receiving Party may retain one copy of such Information solely for archival purposes, subject to the confidentiality provisions of this Agreement. The parties understand that each Party is a public entity and is subject to the laws that may compel either to disclose information about the other’s business. 11 BAMx PROFESSIONAL SERVICES AGREEMENT Section 12. MISCELLANEOUS PROVISIONS 12.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 12.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Placer or in the United States District Court for the Eastern District of California. 12.3 Severability. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, void or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable by federal or state statute or regulation, but the remaining portions of the Agreement can be enforced without failure of material consideration to any Party, then the remaining provisions shall continue in full force and effect. To that end, this Agreement is declared to be severable. Provided, however, that in the event any provision is declared to be invalid, void or unenforceable, any Party may terminate this Agreement upon 10 days written notice given within five (5) days of receipt of notice of final entry of judgment. 12.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 12.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 12.6 Use of Recycled Products. NCPA shall endeavor to prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 12.7 Conflict of Interest. NCPA shall not employ any Contracting Members' official or employee in the work performed pursuant to this Agreement. No officer or employee of Contracting Member shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. 12.8 Notices. Unless this Agreement requires otherwise, any notice, demand or request provided for in this Agreement, or served, given or made shall become effective when delivered in person, or sent by registered or certified first class mail, to the persons specified below: NCPA: David Dockham Assistant General Manager – Power Management Northern California Power Agency 12 BAMx PROFESSIONAL SERVICES AGREEMENT 651 Commerce Drive Roseville, CA 95678 With a copy to: Michael F. Dean General Counsel, Northern California Power Agency c/o Meyers Nave 555 Capitol Mall, Suite 1200 Sacramento, CA 95814 PALO ALTO: Ed Shikada Assistant City Manager & Interim Utilities Director City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 With a copy to: Amy Bartell, Senior Deputy City Attorney City of Palo Alto c/o City Attorney’s office P.O. Box 10250 Palo Alto, CA 94303 SANTA CLARA: Joyce Kinnear, Division Manager City of Santa Clara 1500 Warburton Ave Santa Clara, CA 95050 With a copy to: Richard Nosky, City Attorney City of Santa Clara 1500 Warburton Ave Santa Clara, CA 95050 Whenever it is required, permitted, or desired in this Agreement that written notice or demand be given by any Party to any other Party, such notice or demand may be either personally served or sent by United States Mail, or facsimile. Notice shall be deemed to have been given when personally served, when deposited in the United States Mail, certified or registered with postage prepaid and properly addressed, or when transmitted by facsimile provided however, notices delivered by facsimile shall only be effective if delivered during regular business hours on a day that is considered a regular business day for NCPA by the involved Parties. 12.9 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between Contracting Members and NCPA relating to the subject matter of this Agreement, and supersedes all prior negotiations, 13 BAMx PROFESSIONAL SERVICES AGREEMENT representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein. 12.10 Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, Contracting Members and NCPA agree to resolve the dispute in accordance with the following: 12.10.1 Each Party shall designate a senior management or executive level representative to negotiate any dispute; 12.10.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority. 12.10.3 If the issue remains unresolved after sixty (60) days of good faith negotiations, despite having used their best efforts to do so, either Party may pursue whatever other remedies may be available to it. 12.10.4 This informal resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et seq. 12.11 Other Agreements. This Agreement is not intended to modify or change any other agreement between any of the Parties, individually or collectively. Without limiting the generality of the foregoing, this Agreement does not amend or extend the Prior Agreement. 12.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 12.13 Obligations of Contracting Members Joint and Several; No Joint Venture. The duties, obligations and liabilities of the Contracting Members, including the obligations to make payments to NCPA, are intended to be joint and several. Provided that nothing contained in this Agreement shall be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability on or with regard to the Contracting Members. 12.14 Effect of Section Headings. Section headings and subheadings appearing in this Agreement are inserted for convenience only and shall not be construed as interpretation of text. 12.15 Authority of Signatories. The signatories hereby represent that they have been appropriately authorized to execute this Agreement on behalf of the Party for whom they sign. 12.16 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties following each Party’s receipt of written resolution/authorization from their governing bodies, which resolutions/authorizations shall be condition precedents to any amendments of this Agreement and shall be attached as exhibits to this Agreement. The Parties have executed this Agreement as of the Effective Date. 14 BAMx PROFESSIONAL SERVICES AGREEMENT Northern California Power Agency ________________________________ RANDY S. HOWARD, General Manager Attest: ________________________________ Assistant Secretary of the Commission Approved as to Form: ________________________________ General Counsel 15 BAMx PROFESSIONAL SERVICES AGREEMENT CONTRACTING MEMBERS: CITY OF PALO ALTO Approved as to Form: By: ____________________________ By:_______________________________ City Attorney Its:_____________________________ CITY OF SANTA CLARA Approved as to Form By: ____________________________ By:_______________________________ City Attorney Its:_____________________________ 16 BAMx PROFESSIONAL SERVICES AGREEMENT EXHIBIT A Scope of Services NCPA shall perform the following Services on behalf Contracting Members: NCPA will enter into a contract with Flynn Resource Consulting Inc. ("Consultant") on behalf of Contracting Members. In general Consultant will provide services including monitoring, meeting participation, coordinating with affected or other participating parties, and, as necessary, preparing and submitting formal position submittals for the following activities: 1. Grid Planning Activities CAISO Regionalization Process, Transmission Access Charge, Governance and Resource Adequacy Coordination with the California Municipal Utilities Association and Northern California Power Agency on these activities CAISO/PG&E annual transmission expansion planning process Support or oppose specific transmission additions Greater Bay Area long term studies CAISO local capacity technical study process Other regional and sub-regional transmission planning activities CAISO Tariff and BPM Change Management Process Generator Interconnection Procedure Transmission cost minimization Impacts due to potential generation retirements Transmission for renewables deliverability issues CTPG planning process Tracy to Bay development activities 2. CPUC and CEC transmission matters Integrated Energy Policy Report Resource adequacy issues Renewable Portfolio Standard issues Long Term Procurement issues Approval of CPCNs and PTCs for new transmission lines Renewable Energy Transmission Initiative (RETI 2.0) 3. CAISO Market Issues CAISO markets proceedings and implementation matters Resource Adequacy / Local Capacity/ Flexible Capacity/ Deliverability LMP congestion and losses incidence and impacts Regionalization and New Participating Transmission Owner Issues 4. Communicate Regularly with BAMx Members Client meetings, telephone conferences and written summaries of activities on key issues. 17 BAMx PROFESSIONAL SERVICES AGREEMENT NCPA will accept invoices from Consultant and transmit them to Contracting Members for their review, and if acceptable, the Contracting Members will direct payment by NCPA. Such payment direction shall be provided by each Contracting Member as designated in Section 12.8 of this Agreement, in writing, utilizing appropriate approval forms as shall be developed and/or revised by NCPA from time to time. An example of such form is included in Exhibit D of this agreement. NCPA will prepare invoices indicating the share of Consultant's costs to be paid by each Contracting Member along with the appropriate charges by NCPA for its services; however, as provided in the Agreement, each Contracting Member is jointly and severally liable for the entirety of any amounts billed under this Agreement. NCPA will then pay Consultant utilizing Contracting Members' funds. Contracting Members will be solely responsible for payment of the Consultant’s invoices, as well as determining whether or not the professional services have been satisfactorily performed. The "Services" under this Agreement by NCPA to Contracting Members are limited to the contracting for services with Consultant and billing/payment function. 18 BAMx PROFESSIONAL SERVICES AGREEMENT EXHIBIT B COMPENSATION SCHEDULE AND HOURLY FEES Compensation for all tasks, including hourly fees and expenses, shall not exceed $650,000. The hourly and monthly rates and or compensation break down and an estimated amount of expenses is as follows: B-1 Monthly Charges for Services provided by NCPA for billing and contract preparation under this Agreement shall be allocated to each BAMx Participant in proportion to each BAMx Participant’s proportionate share of energy delivered in prior Calendar Year as derived from the 2015-2016 NCPA Annual Budget, as reflected in Table 1 below. The total charge for these services shall be Six Hundred Twenty Five Dollars ($625.00) per month. B-2 Monthly Charges invoiced by Flynn Resource Consultants Inc to NCPA for services provided to the BAMx Participants under the CONSULTING SERVICES AGREEMENT BETWEEN THE NORTHERN CALIFORNIA POWER AGENCY AND FLYNN RESOURCE CONSULTANTS INC., dated ______________, 2016 shall be allocated to each BAMx Participant in proportion to each BAMx Participant’s proportionate share of energy delivered in prior Calendar Year as derived from the 2015-2016 NCPA Annual Budget, as reflected in Table 1 below. Compensation to Flynn Resource Consultants Inc. for all tasks, including hourly fees and expenses, shall not exceed Six-Hundred and Fifty Thousand Dollars ($650,000). The hourly rates and or compensation break down and an estimated amount of expenses is as follows: Flynn Resource Consultants Inc. hourly rates for services are listed below Labor Category Hourly Rate Principal $290-310 per hour Managing Consultant $270-290 per hour Senior Consultant $230-270 per hour Consultant $190-230 per hour Associate Consultant $150-190 per hour Analyst $110-150 per hour Support Services $85 per hour Travel, food, and miscellaneous expenses, except automobile mileage, associated with the provision of services hereunder shall be billed at cost. Automobile mileage will be billed at the rate approved by the Internal Revenue Service. For any month in which specialized modeling software is used to perform services under this agreement, the following charges shall apply: Power flow modeling - $275/month Short circuit modeling – $800/month 19 BAMx PROFESSIONAL SERVICES AGREEMENT OASIS Data - $1,200/month Market modeling - $4,000/month TABLE 1 Proportionate Share of Energy Delivered MWH % Share Palo Alto 978,546 23.4% Silicon Valley Power 3,196,694 76.6% 4,175,240 100.00% 20 BAMx PROFESSIONAL SERVICES AGREEMENT EXHIBIT C Insurance Maintained by NCPA WORKERS’ COMPENSATION INSURANCE $1,000,000 EXCESS LIABILITY INSURANCE $35,000,000 AUTOMOBILE INSURANCE $1,000,000 21 BAMx PROFESSIONAL SERVICES AGREEMENT EXHIBIT D Bay Area Municipal Transmission Services Agreement (BAMX) Participants Transmittal Payment Voucher For the Period: _________________ To: Northern California Power Agency VIA PDF EMAIL 651 Commerce Drive Roseville, California 95678 Attention: Accounts Payable (*AcctsPayable@ncpa.com) From: Contracting Members – The Cities of Palo Alto and Santa Clara(each referred to as a "Contracting Member" and jointly referred to as “Contracting Members” or "BAMx Participants") I the undersigned hereby certify that I am authorized to approve payment of the ATTACHED billing statement and or invoice(s) and do hereby approve payment thereof by the Billing Agent (Northern California Power Agency) as indicated below: For City of Palo Alto: _____________________________ _______________ Name Date No exceptions. With the deduction of the following exceptions: For City of Santa Clara: ___________________________ _______________ (Silicon Valley Power) Name Date No exceptions: With the deduction of the following exceptions: 1 CONSULTING SERVICES AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND FLYNN RESOURCE CONSULTANTS INC. AMENDMENT NO. 1 This Amendment No. 1 (“Amendment No. 1”) to the Consulting Services Agreement Between the Northern California Power Agency (“NCPA”) and Flynn Resource Consultants Inc. (“Consultant”) dated as of July 1, 2015 (the “Agreement”) is made this __ day of ____________, 20__ with reference to the following facts, among others: A. The Agreement is set to expire on June 30, 2016. B. The Parties desire to extend the term of the Agreement to enable Consultant’s continued provision of Services to NCPA and the BAMx Members as contemplated under the Agreement. Therefore, the Parties agree as follows: 1.Section 1.1 of the Agreement is replaced in its entirety with the following: “1.1 BAMx Members. NCPA is entering into this agreement with Consultant at the request of certain of its members, the cities of Palo Alto and Santa Clara (“the BAMx Members”), so that NCPA may provide professional consulting services related to electric transmission, power generation, regulatory issues, and electric market design issues affecting the BAMx Members. NCPA's provision of these services is further addressed in the Professional Services Agreement Between Northern California Power Agency and the Cities of Palo Alto and Santa Clara (the "Bay Area Municipal Transmission Services Agreement" or "BAMx Agreement").” 2.Section 1.2 of the Agreement is replaced in its entirety with the following: “1.2 Term of Services. This Agreement shall begin on the Effective Date and shall terminate when Consultant completes the work described in Exhibit A, or on June 30, 2017, whichever occurs first, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.” 3.Section 2.0 of the Agreement is replaced in its entirety with the following: “COMPENSATION. Agency hereby agrees to pay Consultant an amount NOT TO EXCEED the following: (i) Seven Hundred and Sixty Thousand Dollars ($760,000) during the period of July 1, 2015 through June 30, 2016, and (ii) Six Hundred and Fifty Thousand Dollars ($650,000) ATTACHMENT C 2 during the period of July 1, 2016 through June 30, 2017, for all work set forth in Exhibit A, in accordance with the Consultant’s fee schedule and reimbursable expenses which is attached as Exhibit B, and made a part of this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, this Agreement shall prevail.” 4. Exhibit A of the Agreement is replaced in its entirety by Exhibit A as attached to this Amendment No. 1 and incorporated herein by this reference. 5. Exhibit B of the Agreement is replaced in its entirety by Exhibit B as attached to this Amendment No. 1 and incorporated herein by this reference. 6. Effect on Agreement. Except as specifically modified herein, no other provision in the Agreement is intended to be modified, and the Agreement, as amended, shall remain in full force and effect in its entirety. This Amendment shall not impact, prejudice, or waive either Party’s rights or obligations under the Agreement for the period either prior to the effective date of this Amendment or following the termination thereof, and no precedent for further amendments to the Agreement is hereby intended. 3 The Parties have caused this Amendment No. 1 to be executed on the date as set forth above. NORTHERN CALIFORNIA POWER AGENCY CONSULTANT Date: _______________________ Date: ______________________________ ____________________________ ___________________________________ RANDY S. HOWARD DOUG BOCCIGNONE General Manager Chief Financial Officer Attest: __________________________ Assistant Secretary of the Commission Approved as to Form: ____________________________ General Counsel 1 EXHIBIT A SCOPE OF SERVICES NCPA is entering into this agreement with Flynn Resource Consultants, Inc. (“Consultant”) at the request of the cities of Palo Alto and Santa Clara (the “BAMx Members”), so that NCPA may assist the BAMx Members in securing professional consulting services related to electric transmission, power generation, regulatory issues, and electric market design issues affecting the BAMx Members. NCPA's provision of related billing services is further addressed in the Professional Services Agreement Between Northern California Power Agency and the Cities of Palo Alto and Santa Clara (the "Bay Area Municipal Transmission Services Agreement" or "BAMx Agreement”). Each BAMx Member shall be represented by a designated BAMx Representative, listed below. During the term of this Agreement, the BAMx Representatives shall complete the Payment Voucher attached as Exhibit D to the BAMx Agreement to approve invoices from Consultant prior to NCPA remitting payment for services rendered by Consultant. The BAMx Representatives will also coordinate, as necessary, work related communications, task orders and invoice matters between and among the BAMx Members and Consultant. The designated BAMx Representatives of the BAMx Members are: Joyce Kinnear, City of Santa Clara Debbie Lloyd, City of Palo Alto Any BAMx Member may at any time designate another person as its BAMx Representative by providing written notice of such designation to the other BAMx Members, NCPA and Consultant. The BAMx Members and Consultant intend to pursue the activities listed below during the term of this Agreement. Such activities will include monitoring, meeting participation, coordinating with affected or other participating parties, and, as necessary, preparing and submitting formal position submittals. 1. Grid Planning Activities CAISO Regionalization Process, Transmission Access Charge, Governance and Resource Adequacy Coordination with the California Municipal Utilities Association and Northern California Power Agency on these activities CAISO/PG&E annual transmission expansion planning process Support or oppose specific transmission additions Greater Bay Area long term studies CAISO local capacity technical study process Other regional and sub-regional transmission planning activities 2 CAISO Tariff and BPM Change Management Process Generator Interconnection Procedure Transmission cost minimization Impacts due to potential generation retirements Transmission for renewables deliverability issues CTPG planning process Tracy to Bay development activities 2. CPUC and CEC transmission matters Integrated Energy Policy Report Resource adequacy issues Renewable Portfolio Standard issues Long Term Procurement issues Approval of CPCNs and PTCs for new transmission lines Renewable Energy Transmission Initiative (RETI 2.0) 3. CAISO Market Issues CAISO markets proceedings and implementation matters Resource Adequacy / Local Capacity/ Flexible Capacity/ Deliverability LMP congestion and losses incidence and impacts Regionalization and New Participating Transmission Owner Issues 4. Communicate Regularly with BAMx Members Client meetings, telephone conferences and written summaries of activities on key issues. 1 EXHIBIT B COMPENSATION SCHEDULE AND HOURLY FEES Compensation for all tasks under this Agreement, including all hourly fees and expenses, shall not exceed: (i) Seven Hundred and Sixty Thousand Dollars ($760,000) during the period of July 1, 2015 through June 30, 2016, and (ii) Six-Hundred and Fifty Thousand Dollars ($650,000) during the period of July 1, 2016 through June 30, 2017. The hourly rates and or compensation break down and an estimated amount of expenses is as follows: Consultant hourly rates for the professional services are listed below. Labor Category Hourly Rate Principal $290-$310 per hour Managing Consultant $270-$290 per hour Senior Consultant $230-$270 per hour Consultant $190-$230 per hour Associate Consultant $150-$190 per hour Analyst $110-$150 per hour Support Services $65-$85 per hour Travel (at coach rates), food, and miscellaneous expenses, except automobile mileage, associated with the provision of services hereunder shall be billed at cost. Automobile mileage will be billed at the rate approved by the Internal Revenue Service. For any month in which specialized modeling software is used to perform services under this agreement, the following charges shall apply: Power flow modeling - $ 275/month Short circuit modeling - $800/month OASIS Data - $1,200/month Market modeling - $4,000/month Specialized software costs that exceed the above amounts may be billed with the prior approval of the Agency and the affected BAMx Member. Note: As a public agency, NCPA shall not reimburse Consultant for costs in excess of those permitted by the Internal Revenue Service. City of Palo Alto (ID # 7159) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Establishing GO Bond Tax Levy Title: Adoption of Resolution Establishing Fiscal Year 2016-17 Secured and Unsecured Property Tax Levy for the City of Palo Alto’s General Obligation Bond Indebtedness (Measure N) From: City Manager Lead Department: Administrative Services Recommendation Adopt a resolution (Attachments A and B) approving the establishment of the Fiscal Year 2017 property tax levy of $12.90 per $100,000 in Assessed Value (AV) for the secured and utility tax roll and $14.77 per $100,000 in AV for the unsecured tax roll for the City of Palo Alto's Measure N General Obligation Bond Library Bonds (First and Second Series). Background On November 4, 2008, City voters passed Measure N which gave the City authority to issue a maximum amount of $76,000,000 of General Obligation bonds (the "Bonds") for capital improvements to the Mitchell Park, Downtown, and Main libraries and to the Mitchell Park community center. The City successfully sold the Bonds in two series to provide $76 million in funds for the design and construction costs. Both Standard and Poor's (S&P) and Moody's awarded their highest credit ratings, Triple A, to both series of Bonds. On March 1, 2016, Council approved the decommissioning of the Library Bond Oversight Committee and accepted a financial report showing approximately $3.0 million in project savings (CMR: 6632). In addition, a bond premium of $3.1 million was determined as serviceable to redeem or defease bonds. On June 6, 2016, Council authorized the use of $6.1 million of the Series 2010A & 2013A General Obligation (Measure N) Bonds to retire a portion of outstanding bonds and to pay associated redemption costs (CMR: 6993). To maximize savings to property owners the longest bonds were paid off; total savings of $11 million were realized which includes $4.9 million in interest savings over time. Of the $11 million, $5.4 million will be saved through FY 2040 while $5.6 million will be saved from FY 2041 through FY 2044. Based on FY 2016 assessed values, a property with an assessed value of $1 million will realize $12.80 in annual savings during the period of FY 2017 through FY 2040 and triple this amount from FY 2041 through FY 2044. City of Palo Alto Page 2 Discussion Debt service payments on these Bonds are paid through ad valorem taxes on all taxable land and improvements (both secured and unsecured assessment roll) within the City. Staff is seeking Council approval of the attached resolution (Attachment A) which authorizes the placement of an ad valorem property tax levy in the amount of $0.01290 per $100 or $12.90 per $100,000 in AV for the secured tax roll; and $0.01477 per $100 or $14.77 per $100,000 in AV for the unsecured tax roll. In comparison, prior years secured and unsecured tax levy was $14.77 and $15.94, respectively, per $100,000 of AV. The assessment rate for FY 2016-17 is decreasing for both the secured and unsecured property taxes. The rate decreases is attributable to the rise in the Assessed Valuation for properties throughout Palo Alto by 9.3 percent, an increase of $2.5 billion and $0.2 million in debt service reduction due to the bond defeasance. In addition, the rise in Assessed Valuation during FY 2015-16, due to property sales and new construction, resulted in $0.2 million in excess collections. These excess collections and funds from FY 2014-15 further offset the FY 2017 annual assessment by $0.3 million. As for the unsecured property taxes, per the County of Santa Clara’s methodology, the prior year’s secured tax rate becomes this year’s unsecured tax rate. With the new assessment for FY 2017, a house with an assessed value of $1.0 million, for example, would see an annual assessment of $129 on their property tax bill. In FY 2015, a $1.0 million home had an assessment of $147.70. Resource Impact The bond issuances result in a 2017 calendar year debt service expenditure of approximately $4.5 million and Council approval of the attached resolution will result in ad valorem tax levy revenue of $4.2 million with the $0.3 million difference attributable to available funds on hand. Again, secured and unsecured property owners will see a levy of $12.90 and $14.77, respectively, per $100,000 of AV on their 2015-16 property tax statement. Environmental Review This action is not considered a project for the purposes of environmental review. Attachments: Attachment A: Resolution Establishing FY2016-17 Property Tax Levy (PDF) Attachment B: GO Bonds Election of 2008, Series 2010 and 2013 Tax Rate Calculation for FY2016-17 (PDF) Not Yet Approved 160718 jb 0131538 1 Resolution No. _____ Resolution of the Council of the City of Palo Alto Establishing Fiscal Year 2017 Property Tax Levy of $12.90 Per $100,000 of Secured and $14.77 Per $100,000 of Unsecured Assessed Valuations for the City’s General Obligation Bond Indebtedness (Measure N Library Projects) R E C I T A L S A. The City of Palo Alto’s (“City”) general election held on November 4, 2008, more than two thirds of voters approved Measure N, authorizing the issuance of general obligation bonds in the amount not to exceed $76,000,000 (the “Authorization”) to fund construction of a new Mitchell Park Library and Community center and renovation and improvements to Downtown and Main libraries. B. Pursuant to the Authorization, the City issued two series (Series 2010A and 2013A) of general obligation bonds in June 2010 and June 2013 that yielded $75.8 million for project needs. C. The City is obligated to levy ad valorem taxes on all property within the City subject to taxation by the City, without limitation on rate or amount (except with respect to certain personal property which is taxed at limited rates), for the payment of the debt service on the Bonds. D. The City is obligated to direct the County of Santa Clara to collect such ad valorem taxes in such amounts and at such times as is necessary to ensure the timely payment of debt service on the Bonds. E. The amount of the annual ad valorem tax levied by the City to repay the Bonds is determined by the relationship between the assessed valuation of taxable property in the City and the amount of debt service due on the bonds. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Pursuant to the Authorization, an ad valorem property tax is hereby established to be levied on all land and improvements in the City of Palo Alto during fiscal year 2016-17 in the amount of $0.01290 per $100 in assessed value for the secured and utility tax roll and $0.01477 per $100 in assessed value for the unsecured tax roll based on the calculations set forth in the attached Exhibit "A". SECTION 2. The City’s Director of Administrative Services shall cause a certified copy of this Resolution to be delivered to the Auditor of the County of Santa Clara for entry in the assessment book of the respective sums in dollars and cents. Attachment A Not Yet Approved 160718 jb 0131538 2 SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ ______________________________ Senior Asst. City Attorney City Manager ______________________________ Director of Administrative Services A) Assessed Valuations (AV) 1)2016-17 Taxable Secured Assessed Valuation (AV)30,150,913,436.00$ 2)2016-17 Taxable Unsecured AV 1,803,467,979.00$ 3 ) Less: Estimated Delinquency 0.00%- 4 ) Net Taxable Unsecured AV 1,803,467,979.00 5 ) Total Assessed Valuation (AV)31,954,381,415.00$ B) Tax Levy Requirement 5)2016-17 Debt Service Payments 6)2010 GO Bonds - February 1,2017 1,104,834.38$ 7)2010 GO Bonds - August 1, 2017 2,274,834.38 3,379,668.76 8)2013 GO Bonds - February 1,2017 345,200.00$ 9)2013 GO Bonds - August 1, 2017 745,200.00 1,090,400.00 10 )Total Calendar Year 2017 Debt Service Payments 4,470,068.76 11 ) Excess Funds on Hand Applied Toward Debt Service (325,000.00) 12 ) Sub-total 4,145,068.76 13 ) Santa Clara County Administration Fee (0.25% of Principal & Interest)10,362.67 14 )Total 2016-17 Annual Debt Service Requirement 4,155,431.43 C) Secured and Unsecured Tax Rate 15 )2016-17 Unsecured Tax Rate per $100 of Unsecured AV (Prior Year's Secured Tax Rate)0.01477$ 16 )2016-17 Unsecured Tax Rate per $100,000 of Unsecured AV 14.77$ 17 )2016-17 Estimated Revenue from Unsecured AV (line 4 divide by 100 times by line 12) 266,372.22$ 18 )2016-17 Estimated Revenue from Secured AV (line 11 minus line 13) 3,889,059.21 19 )Total 2016-17 Annual Debt Service Requirement 4,155,431.43$ 20 )2016-17 Secured Tax Rate per $100 of Secured AV (line 14 divided by line 1*100) 0.01290$ 21 )2016-17 Secured Tax Rate per $100,000 of Secured AV (line 14 divided by line 1 times 100,000) 12.90$ Attachment B City of Palo Alto General Obligation (GO) Bonds, Election of 2008, Series 2010 and 2013 Tax Rate Calculation Based on 2016-17 Assessed Values CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR August 15, 2016 The Honorable City Council Palo Alto, California Policy and Services Committee Recommendation to Accept the Auditor's Office Quarterly Report as of March 31, 2016 The Office of the City Auditor recommends acceptance of the Auditor’s Office Quarterly Report as of March 31, 2016. At its meeting on May 10, 2016, the Policy and Services Committee approved and unanimously recommended the City Council accept the report. The Policy and Services Committee minutes are included in this packet. Respectfully submitted, Harriet Richardson City Auditor ATTACHMENTS: Attachment A: Auditor's Office Quarterly Report as of March 31, 2016 (PDF) Attachment B: Policy and Services Committee Meeting Minutes Excerpt (May 10, 2016) (PDF) Department Head: Harriet Richardson, City Auditor Page 2 CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR May 10, 2016 The Honorable City Council Palo Alto, California Auditor's Office Quarterly Report as of March 31, 2016 RECOMMENDATION The City Auditor’s Office recommends the Policy and Services Committee review and recommend to the City Council acceptance of the Auditor’s Office Quarterly Report as of March 31, 2016. SUMMARY OF RESULTS In accordance with the Municipal Code, the City Auditor prepares an annual work plan and issues quarterly reports to the City Council describing the status and progress towards completion of the work plan. This report provides the City Council with an update on the third quarter for FY 2016. Respectfully submitted, Harriet Richardson City Auditor ATTACHMENTS: Attachment A: Auditor's Office Quarterly Report as of March 31, 2016 (PDF) Department Head: Harriet Richardson, City Auditor Attachment A Page 2 Attachment A O “P Office Promoting ho Account Quar of th nest, efficien able and tran rterly e City nt, effective, e nsparent city y Repo y Audi economical, a government ort as itor and fully t.” s of M Marchh 31, 2 2016 Attachment A PAGE 2 Fiscal Year (FY) 2016 Third Quarter Update (January – March 2016) Overview The audit function is essential to the City of Palo Alto’s public accountability. The mission of the Office of the City Auditor, as mandated by the City Charter and Municipal Code, is to promote honest, efficient, effective, economical, and fully accountable and transparent city government. We conduct performance audits and reviews to provide the City Council and City management with information and evaluations regarding how effectively and efficiently resources are used; the adequacy of internal control systems; and compliance with policies, procedures, and regulatory requirements. Taking appropriate action on our audit recommendations helps the City reduce risks and protect its good reputation. Highlights of Activities During the Quarter Published and presented to Council the 2015 Performance Report, National Citizen Survey™, and Citizen Centric Report. Awarded a contract to Macias, Gini & O’Connell, LLP, for external financial audit services for the five fiscal years ending on June 30, 2016, through June 30, 2020, for a not‐to‐exceed amount of $875,569. The Association of Local Government Auditors (ALGA) notified us that will receive the Exemplary (formerly gold) Knighton Award in the medium‐sized audit office category for the Animal Services audit that we completed in April 2015. We will receive the award at the annual ALGA conference in May 2016. Lisa Wehara will present the audit, focusing on methodologies used in the audit and lessons learned that could benefit auditors in other audit offices when conducting their audits. Below is a summary of our audit and project work for the third quarter of FY 2016: Title Objective(s) Start Date End Date Status Results/Comments 2015 Performance Report, National Citizen Survey™, and Citizen Centric Report Provide information on citywide performance in key areas, obtain resident opinions about the community and Palo Alto services, and summarize key financial data in a brief, easy‐to‐read format. 08/16 01/16 Complete The City Auditor presented the three reports at the Council’s annual retreat on January 30, 2016. External Financial Audit Services Issue a Request for Proposals, evaluate proposals received, and award a contract for external financial audit services for the next five fiscal years. 09/15 03/16 Complete Four bids received; contract awarded to Macias, Gini & O’Connell, LLP, in an amount not to exceed $875,569 for the next five years. Cable Franchise and PEG Fees Audit Determine if 1) the City accurately accounted for its receipt of franchise and public, education, and government (PEG) fees and met its oversight responsibilities regarding the Media Center’s use of the PEG fees, 2) AT&T and Comcast collected and remitted the appropriate amount of franchise and PEG fees, and 3) the City established and sufficiently defined roles and responsibilities to administer its cable communications program and state franchises. 02/14 05/16 In Process Draft report sent to the City Manager, City departments, and the Midpeninsula Media Center for review and comment. The Media Center submitted a response, and we have delayed finalizing and presenting the report to the Policy and Services Committee until May to allow for legal review of and prepare a response to the Media Center’s response. Attachment A PAGE 3 Title Objective(s) Start Date End Date Status Results/Comments Disability Rates and Workers’ Compensation Audit Assess the effectiveness of activities to manage and minimize disability retirements and workers’ compensation claims. Review of processes to ensure employee safety, tracking and reporting activities, contract administration, and efficiency of claim processing. 06/15 06/16 In Process Planning and field work are complete, and the audit report is being written. Estimated date of presentation to Policy and Services Committee is June 2016. Citywide Analytic Development and Continuous Monitoring: Procure‐to‐Pay Develop and implement a continuous monitoring system to increase audit efficiency and coverage through the use of read‐only access to City data. The project will involve developing data analytics to identify high‐risk areas and improvement opportunities in the City’s core processes. The focus of this project is accounts payable. 06/15 05/16 In Process Planning and field work are complete, and the audit report is being written. Planned date of presentation to Policy and Services Committee is May 2016. Fee Schedules Audit Evaluate City processes for establishing fees to determine if the fees cover the cost of services provided when expected. The specific fees to be reviewed will be narrowed down during the planning phase of the audit. 06/15 916 In Process The audit is in the planning phase. Estimated date of presentation to Policy and Services Committee is September 2016. Utilities Customer Service: Rate and Billing Accuracy Audit Evaluate whether the Utilities Department properly implements rates and accurately bills customers. 06/15 09/16 In Process The audit is in the field work phase. Estimated date of presentation to Policy and Services Committee is September 2016. Citywide Analytic Development and Continuous Monitoring: Overtime Develop and implement a continuous monitoring system to increase audit efficiency and coverage through the use of read‐only access to City data. The project will involve developing data analytics to identify high‐risk areas and improvement opportunities in the City’s core processes. The focus of this project is use of overtime. 06/15 05/16 In Process The project is in the planning phase. Estimated date of presentation to Policy and Services Committee is September 2016. Sustainable Purchases Assess the City’s purchasing practices to determine if environmental sustainability is adequately considered in all purchases as appropriate. 03/16 10/16 In Process The project is in the planning phase. Estimated date of presentation to Policy and Services Committee is October 2016. Attachment A PAGE 4 Other Monitoring and Administrative Assignments Below is a summary of other assignments as of March 31, 2016: Title Objective(s) Status Results/Comments Sales and Use Tax Allocation Reviews 1) Identify businesses that do business in Palo Alto that may have underreported or misallocated their sales and use tax and submit inquiries to the state for review and tax reallocation. 2) Monitor sales taxes received from the Stanford University Medical Center Project and notify Stanford of any differences between their reported taxes and state sales tax information, in accordance with the development agreement. 3) Provide Quarterly Status Updates and Sales Tax Digest Summaries for Council review. Ongoing 1) Total sales and use tax recoveries for the third quarter were $835 from our inquiries and $4,369 from vendor inquiries, for a total of $22,116 year‐to‐date: $16,239 from our office and $5,877 from the vendor. Due to processing delays at the State Board of Equalization, there are 56 potential misallocations waiting to be researched and processed: 18 from our office and 38 from the vendor. 2) We receive calendar‐year sales tax information for the Stanford project about six months after the end of the calendar year. We will report the sales tax information for this project in our June 2016 quarterly report. 3) Quarterly sales tax reports are published on the Office of the City Auditor website at www.cityofpaloalto.org/gov/depts/aud/reports/default.asp. City Auditor Advisory Roles Provide guidance and advice to key governance committees within the City. Ongoing The City Auditor serves as an advisor to the Utilities Risk Oversight Committee, Information Security Steering Committee, Information Technology Governance Review Board, and Library Bond Oversight Committee (LBOC). Our advisory role for LBOC ended during this quarter because on March 1, 2016, the Finance Committee accepted the recommendation to decommission the LBOC because the LBOC has completed its work. Status of Audit Recommendations Sixty‐six recommendations were open at the beginning of FY 2016, and we have added eight recommendations since then. No recommendations were implemented during the first quarter of FY 2016, 21 were implemented during the second quarter, and 4 were implemented during the third quarter. Below is a summary of open audit recommendations, by audit, as of March 31, 2016: Audit Title Report Date Status Report Dates Due Date of Next Status Report Total Recommendations Implemented During Quarter Open Fleet Utilization and Replacement 04/14/10 03/22/16 12/15/15 09/23/14 19/10/13 10/22/12 04/19/11 10/05/10 N/A 22 4 0 Attachment A PAGE 5 Audit Title Report Date Status Report Dates Due Date of Next Status Report Total Recommendations Implemented During Quarter Open Citywide Cash Handling and Travel Expense 09/15/10 11/10/15 09/23/14 09/10/13 10/22/12 04/19/11 05/10/16 11 0 2 Contract Oversight: Trenching and Installation of Electrical Substructure 11/05/13 12/15/15 09/23/14 06/14/16 6 0 2 Inventory Management 02/18/14 09/23/14 Past Due 14 0 14 Utility Meters: Procurement, Inventory, and Retirement 03/10/15 None Past Due 15 0 15 Police Department: Palo Alto Animal Services 04/22/15 03/22/16 09/13/16 8 0 8 Parking Funds 12/15/15 None 09/13/16 8 0 8 Fraud, Waste, and Abuse Hotline Administration The hotline review committee, composed of the City Auditor, the City Attorney, and the City Manager, or their designees, meets as needed to review hotline‐related activities. We received one hotline complaint during the third quarter of FY 2016. The chart below summarizes the status of complaints received in each fiscal year since the hotline was implemented. Source: City of Palo Alto hotline case management system as of March 31, 2016 0 21 4 0 5 10 15 20 25 Q1 Q2 Q3 FY 2016 Quarter # Implemented Recommendations 66 8 0 20 40 60 80 100 FY 2016 # Open Recommendations Beginning of FY Added During FY 1 7 3 2 10 0 2 4 6 8 10 12 FY 2013 FY 2014 FY 2015 FY 2016 Status of Complaints Received by Fiscal Year Closed Complaints Open Complaints Attachment A Policy and Services Committee TRANSCRIPT Page 1 of 8 Policy and Services Committee Special Meeting Transcript 5/10/16 Special Meeting May 10, 2016 Chairperson DuBois called the meeting to order at 5:03 P.M. in the Council Chambers, 250 Hamilton Avenue, Palo Alto, California. Present: Berman, DuBois (Chair), Kniss, Scharff Absent: Oral Communications Chair DuBois: The first Item on the Agenda is Oral Communications, to speak about something not on the Agenda. We don't have any speakers for Oral Communications. Action Items 2.Auditor's Office Quarterly Report as of March 31, 2016. Chair DuBois: We have Item Number 3 which is the Auditor's Office Quarterly Report. I don't think I got a—was this in the Packet? Vice Mayor Scharff: It's in the back. Council Member Kniss: Yeah, in the very back. Vice Mayor Scharff: The last few pages. Council Member Kniss: My Packet's still—my Packet is missing ... Chair DuBois: I think I missed it. Vice Mayor Scharff: Since I'm the only one here with one, I guess I'll be the one to ask questions. Council Member Kniss: I know it was there, because I saw it. Vice Mayor Scharff: Do you want me to go first? Chair DuBois: Yes. Go ahead, Harriet. Attachment B Page 2 of 8 Policy and Services Committee Special Meeting Transcript 5/10/16 Harriet Richardson, City Auditor: Are you ready? Chair DuBois: Yep. Ms. Richardson: I'm here to present the Auditor's Office Third Quarter Update for January through March 2016. This is a fiscal year (FY) update. I'm not going to repeat the overview; that's pretty standard language we use every time. Some highlights during the quarter. We did publish and present to the Council the 2015 Annual Performance Report, the National Citizen Survey results and the Citizen Centric Report. We presented those at the Council Retreat. I think that was—it was a different way of how we approached it, but I think it worked well for setting up some of the issues discussed at the Retreat and expect to do it the same way next year as long as that's Council's expectation. The External Financial Audit that we had with Macias, Gini and O'Connell expired, so we issued an Request for Proposal (RFP). We received four bids. Again, Macias, Gini and O'Connell was awarded the contract for the next five fiscal years. The first one ending this year on June 30th, and then running through June 30th, 2020. The total five year contract amount is $875,569. It starts off with $149,925 for the Fiscal Year '16 Financial Audit, and then it has some incremental increases for cost of living increases over the next few years, inflationary costs. We also have a contingency in there. Sometimes there's some unexpected audit needs that come up. For example, there's a potential that we may have to do something at the request of the Valley Transportation Authority (VTA) with some funds we get from them. We built in a contingency to cover those unexpected things. It's not generally to increase just the standard cost for a fiscal year. The third highlight is that we were notified the Association of Local Government Auditors is awarding us an Exemplary Award; it's called the Knighton Award which recognizes high- quality audit reports throughout the year. It was formally called the Gold Award; they changed the title to Exemplary. We won the award in the medium audit size shop category for the Animal Services Audit that we completed in April 2015. We'll receive the award itself this month at the annual conference. Lisa Wehara in my office, who worked on the audit, will be doing a short presentation with the focus on the methodologies that we used in the audit and the lessons learned that can benefit other auditors when doing audits. The award letter that we received cited our focus on addressing the concerns of the Council and the public, our methodologies for conducting the audit, and specifically the use of a Citizens' Survey to help inform our recommendations, and also recognized the ease of reading the audit while at the same time providing sufficient detail to help policymakers make good decisions regarding the animal control function. The first two Items on the summary of work completed, I've discussed in our highlights. The third Item is the Cable Audit. Since we just had a presentation, I'll pass on that one. You know all about that one. We have several audits in progress, and we expect to complete all of these by the end of this calendar year. We've had a little bit of a lull in Attachment B Page 3 of 8 Policy and Services Committee Special Meeting Transcript 5/10/16 actually issuing the audits, but we have quite a few that are well in progress and will be done by the end of the year. The first one is the Disability Rates and Workers' Compensation Audit. At the end of the quarter, it was in process; it's actually out for comment right now. We expect to get it back in time to present at the June Policy and Services Committee. The objective was to assess the effectiveness of activities used to manage and minimize disability retirements and workers' compensation claims. We're moving right along with that one. The next is—we have two on here that are to look at analytical processes for continuous monitoring. We have some software called ACL software that can do a variety of data analytics. We're looking at ways to expand the use where the City can do some ongoing monitoring of different activities to see if there's a benefit of using that software in a more expanded way in City departments and to catch issues that you want to be watching on an ongoing basis but, otherwise, would have to do more in a more manual way. The first one is—we're calling it Procure to Pay, which is typical language used in that sort of function. It's really looking at accounts payable and seeing if there's duplicate payments and a way to minimize duplicate payments by catching them early. As part of that, we also looked at the vendor master file because one of the reasons you typically end up with duplicate payments is a vendor might use an official name and then a "doing business as" name, and you might get bills under both names and pay them. That one is—the report is drafted. It's ready for me to review. We were originally expecting to present that tonight. Because the Cable Audit ended up taking so much of our time, we didn't get it completed in time. We're actually now looking at delaying that until the August Policy and Services Committee meeting. The other one is a couple of rows down. We're looking at overtime; we're focusing on Police and Fire for those, and looking if there are ways to really monitor how you're using your overtime and see if there's more effective ways you can manage it, if you're more aware of how you're using it. We have a discrepancy here. It says the end date is May 2016, but then in the results column we say we're going to present it in September, and September is the actual date. We're also working on a Fee Schedules Audit. This is primarily going to focus on the fee schedules that Community Services Department (CSD) uses. We're looking at how the department establishes its fees to determine if it covers the cost of services when expected. That would be based on City Policy, and CSD has a policy in looking at where's there's differences between those policies that can be better aligned to help ensure that we are recovering fees when appropriate. That one we expect to present to Policy and Services in September. We're also doing Utilities Customer Service Audit that's looking at the rate and billing accuracy. When we say rate and billing accuracy, we're really looking at does the rate that's on a bill match the rate that they're supposed to be charged. We're not looking at the rate-setting process as part of this. This came about as a result of the Meters Audit that we completed last year where we identified several issues related Attachment B Page 4 of 8 Policy and Services Committee Special Meeting Transcript 5/10/16 to the types of meters that were installed versus the types of meters that were actually recorded in Systems Application and Data Processing (SAP). It resulted in some billing discrepancies, and some customers ended up with some significant back bills as a result of that. We're looking at if there's ways to make sure that that's being monitored on an ongoing basis. That one we expect to present in September also. We just started an audit, the City's sustainable purchasing practices, to ensure that where appropriate the City is requiring sustainable purchasing. We are, again, not looking at Utilities for this; that's another separate issue for how we approach sustainability in Utilities. It's really looking at more paper, vehicles, things like that, other areas where we can improve our opportunities for increasing sustainable purchases. We expect to complete that one in October. On the next page, we do ongoing monitoring of sales and use tax to ensure that the City is getting what it's entitled to. It's common for businesses to misallocate their sales tax to another jurisdiction, particularly when they operate in more than one jurisdiction. We go back and we try and identify where there's variances between what we got in one quarter from a business to what we're getting in recent quarters or if we're aware of a business that just came onboard but we haven't seen any taxes. We don't actually do those audits. What we do is we fill out a form that we send to the State Board of Equalization, and they actually do the reviews. Our collections this year are substantially lower than they have been in the past. They're only $22,000 to date for this quarter, and the primary reason for that is that the State is short-staffed in that area right now. We're showing that we have 56 potential misallocations waiting to be researched. I think that's the highest number we've had in the queue in a very long time. It's just they're taking a very long time for us to get them back. Council Member Kniss: Just quickly, what would the amount usually be? Ms. Richardson: Last year, I believe it was—I'd have to go back and look, but I want to say it was about $119,000 that we got last year. I believe the previous year was about $150,000. We are significantly lower. Council Member Kniss: Way under. Ms. Richardson: Yeah. Because we don't do the work ourselves, we have to rely on the State to do that work. We can't make them do ... Council Member Kniss: We should get a windfall. Ms. Richardson: At some point I would expect we're going to get a really big— if they get their staffing up, I would expect at one point we'll get a pretty big chunk of money. What this doesn't reflect is we also have an agreement with Stanford regarding the construction project going on there. They have agreed Attachment B Page 5 of 8 Policy and Services Committee Special Meeting Transcript 5/10/16 that we get all that sales tax directly, but we don't know what that is until the end of the fiscal year. We normally hear about it around—on the September Quarterly Report is when I'll probably have the number to report on that. That's usually a pretty good chunk of money at the end of the year. That will run out when the construction project is complete. Chair DuBois: When you say there are 45 requests, we don't know how much money those represent? Ms. Richardson: We don't. We've tried to estimate in the past, but it's difficult to really kind of estimate because you don't know, especially if it's a new business, what their revenue is. Chair DuBois: How does the number of requests compare to last year? Ms. Richardson: It's been growing; it's been growing over time. Chair DuBois: Not outstanding, but total requests in a quarter. Ms. Richardson: I don't recall. I'd have to go back and look at our year-end report. I don't have that number. I can email that to you. We continue to serve in our advisory roles for the Utilities Risk Oversight Committee, Information Security Steering Committee and the Information Technology (IT) Governance Review Board. We were also in an advisory role on the Library Bond Oversight Committee (LBOC), but that committee has disbanded now that both library projects are complete and it has been determined how that last bit of money should be spent or used to defease a portion of the bonds. We're done with that particular role. The next section of our report is on the status of audit recommendations. In 2014, the Policy and Services Committee recommended and we changed the Ordinance to switch from us reporting once a year on the status of all open audit recommendations to the departments reporting through the City Manager's Office. What we've done now is just put a list of the audits that were open at the beginning of the quarter and then the status of any recommendations that were implemented during the quarter, and then what the total recommendations were. You can see previous Status Report dates, total recommendations from the audit, the number that were implemented this quarter, and then the number that are still open. We also put a graph in there, but I noticed that I don't think this graph still accurately reflects—there's two graphs here. What we're doing is we're putting a graph that shows for each quarter how many recommendations were implemented. The second graph is supposed to show how many are open. What we've done is we've put just the totals of how many were open at the beginning of the year versus the end. I think it would be helpful for us also to highlight off of that how many have been implemented, so you can see the change. We'll fix that for the next quarter. Right now what we have open are 41 older Attachment B Page 6 of 8 Policy and Services Committee Special Meeting Transcript 5/10/16 recommendations and eight current recommendations from a recent audit that was not yet due for a reporting. The last item on our Report is our Fraud, Waste and Abuse Hotline. We continue to receive a low amount of complaints, but generally the complaints we receive have not been substantiated. We received one complaint this quarter. Previously year-to-date it was ten. All of those ten have been closed out, and the one that we received this past quarter is still open. Those ten that were closed out, seven of them were actually different versions of the same issue. One small portion of it was substantiated, but for the most part they were unsubstantiated. That concludes my presentation. If you have any questions, I can take those. Vice Mayor Scharff: Just briefly, Ed, since you're the City Manager's guy, on the ones that say past due, which I guess are the Inventory Management and Utility Meters Procurement, it says it's past due. It says none of the recommendations were implemented. What's going on? I mean inventory management and—yeah. Chair DuBois: (Inaudible). Vice Mayor Scharff: That's what's been waiting for the new year. Ed Shikada, Assistant City Manager: I'm sorry. I missed the sidebar there. Chair DuBois: I'm sorry. We've talked about that in the past. I thought we were waiting on the new Enterprise Resource Planning (ERP) system to (crosstalk). Mr. Shikada: That is a part of it. Part of the question and discussions I've had with Utilities Staff is how much progress we can make before there is a new ERP. I think it's fair to say that we're starting with some pretty rudimentary existing systems. There is some work flow improvement that we can make in addition to the system upgrades that are necessary. At this point, I'm still working to identify what's possible in the short run. That said, we have been working with the Auditor's Office. There has been quite, to be honest, arm wrestling around how far this can go in the short term. I think we're going to need to finish the next round of arm wrestling and bring that back. Vice Mayor Scharff: I guess my ... Council Member Kniss: Is arm wrestling, though, a technical term (inaudible)? Vice Mayor Scharff: I guess my question ... Mr. Shikada: It's a bureaucratic term. Attachment B Page 7 of 8 Policy and Services Committee Special Meeting Transcript 5/10/16 Vice Mayor Scharff: My question, though, is when we look at the report, why does it say past due? That implies that the City Manager's Office hasn't done something that they should do. Ms. Richardson: The concept that was adopted was that instead of us reporting once a year, the departments would report six months after the Council accepted an audit, and then every six months thereafter until the audit recommendations were all implemented. Vice Mayor Scharff: What does a report look like? I mean, you can give a report and say, "We're arm wrestling with the"—or it can be really short. I just don't know why it says past due. Ms. Richardson: If you look at the Cable Audit that's in your Packet, at the end there's the City Manager's response, and you have each of the recommendations and the City Manager's response. Then, there's a column at the end that's blank. That column is for them to respond. What we've done is we've created a template that can be continuously used for the initial response and then used for updates so that you can always see what happened along the way. That would be—they generally attach a letter to it. Mr. Shikada: The big change, though, in the follow-up reports is that the power of the keyboard went over to Staff. Utilities Staff drafted and Audit Staff reviewed the write up, and they didn't like the way it was written up. That's where the arm wrestling stands. It's a matter of perspective. Utility wrote it up saying, "We're making some progress. This one's complete. This one has more to go." Audit Staff said, "No, that one's not complete. We're not happy with the way that's written up." That's where the arm wrestling exists. A little too much information (TMI) perhaps, but that's the reality. Vice Mayor Scharff: No, no, just the opposite. No, no. I think we want that TMI. Basically what happened in the past is these audit recommendations dragged on forever. Sometimes the City Manager's Office may be right and the Auditor may be wrong. Maybe we shouldn't implement the audit recommendations the way written. That's fine. If you have a dispute, we're happy to have you come to Council and solve it. What I don't want to have happen is it just languishes for years like we've done. I don't want to go back to that. That's my only concern. I actually don't really care if you come in here and say, "We're still working it out." I just don't want it to be like who knows what's happening. Ms. Shikada: Just get buried at some point. Understood. Ms. Richardson: I have told the City Manager—I work pretty closely with Suzanne on these. I've been very open about discussing these older Attachment B Page 8 of 8 Policy and Services Committee Special Meeting Transcript 5/10/16 recommendations to see if they are still feasible. I'm trying to work hard with my Staff to make sure that the recommendations we make now are feasible and making sure they're discussing them with the departments before we publish them, to make sure that they're feasible. Vice Mayor Scharff: Thanks. Council Member Kniss: I looked at it before, so I knew about the cable. Chair DuBois: Thank you. It's all clear to me, so thank you for the update. I guess we need to recommend the City Council accept the Quarterly Report. Vice Mayor Scharff: What do we need to do? Council Member Kniss: You want a recommendation—I mean, you want a Motion? Chair DuBois: Yes. Vice Mayor Scharff: To do what? Chair DuBois: To accept the Auditor's Quarterly Report. Council Member Kniss: I would move that we accept the Quarterly Report (inaudible). Vice Mayor Scharff: Second. MOTION: Council Member Kniss moved, seconded by Vice Mayor Scharff that the Policy and Services Committee review and recommend to the City Council acceptance of the Auditor’s Office Quarterly Report as of March 31, 2016. Chair DuBois: All in favor. That concludes Item 3. MOTION PASSED: 3-0 Berman absent Attachment B CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR August 15, 2016 The Honorable City Council Palo Alto, California Policy and Services Committee Recommendation to Approve a Soft Transition of the Annual Performance Report to the City Manager's Office and the Office of Management and Budget The Office of the City Auditor recommends a soft transition of the annual Performance Report to the City Manager's Office and the Office of Management and Budget. At its meeting on June 14, 2016, the Policy and Services Committee approved and unanimously recommended the City Council accept this direction. The Policy and Services Committee minutes are included in this packet. Respectfully submitted, Harriet Richardson City Auditor ATTACHMENTS: Attachment A: Performance Report Discussion (PDF) Attachment B: Policy and Services Committee Meeting Minutes Excerpt (June 14, 2016) (PDF) Department Head: Harriet Richardson, City Auditor Page 2 CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR June 14, 2016 The Honorable City Council Palo Alto, California Discussion and Recommendation to Provide Direction to the City Auditor Regarding the Office of the City Auditor’s Role in Producing the Annual Performance Report and Proposed Changes for Reporting on City Departments’ Performance Recommendation The City Auditor recommends that the Policy and Services Committee review and provide direction to the City Auditor regarding the proposed options for restructuring the process used to develop and report on City performance. Background The Office of the City Auditor began collecting data for and producing a Service Efforts and Accomplishments (SEA) report in 2003, to provide information to Council on the performance of City departments, including the cost of providing services, workload, performance results, five-year trend data, and benchmarking of the City’s major services. The Office of the City Auditor has continued producing the report, now called the Annual Performance Report, every year since 2003.1 The Office of the City Auditor used the Governmental Accounting Standards Board’s (GASB) Concepts Statement No. 2, Service Efforts and Accomplishments, and 16 criteria published by GASB as guidance for developing the report. GASB’s stated purpose of SEA reports was to provide more complete information about a governmental entity’s performance than can be provided in traditional financial statements and schedules to assist users in assessing the economy, efficiency, and effectiveness of services provided. Although the GASB guidance recommended focusing on the few, critical aspects of performance, the report grew from about 70 pages in 2003 to more than 130 pages in 2013 due to more data, charts, and graphs being incorporated over time. The report required almost 2,000 hours of auditor staff time to produce each year, which included the hours spent to produce The National Citizen Survey™. The City Auditor reformatted the 2014 Annual Performance Report in an effort to reduce the staff hours required to produce it and to make it more focused. The result was a 57-page report that took about 1,000 hours to produce, 1 Beginning with the fiscal year 2012 report, the Office of the City Auditor renamed the report as the “Annual Performance Report.” Attachment A Page 2 including the hours spent to produce The National Citizen Survey™. Using this revised format in 2015 allowed us to reduce the hours spent producing the reports even further, to about 700.2 During the process of producing the 2014 Annual Performance Report, the City Auditor wanted to understand the extent to which departments used the performance measures in the report to monitor and manage their departments’ performance and to what extent the measures aligned with the performance measures departments provided for the City’s Operating Budget book. We asked departments to tell us which of the performance measures in the Annual Performance Report they used to monitor and manage performance, and we compared the measures in the report with those in the City’s Operating Budget book. Of the 382 measures in the Annual Performance Report: 49 were used by departments to manage performance and were also in the Operating Budget book. 180 were used by departments to manage performance but were not in the Operating Budget book. 24 were in the Operating Budget book but were not used by departments to manage performance. 129 were not in the Operating Budget book and were not used by departments to manage performance. Some departments also told us that they use performance measures that are not in either the Annual Performance Report or the Operating Budget book to manage their programs. We did not do a complete reverse comparison to identify performance measures that are in the Operating Budget book but not in the Annual Performance Report; however, we identified some of those as we did our review of the Annual Performance Report measures to the Operating Budget book. Further, the Office of the City Auditor recently worked with an intern in the City Manager’s Office who, to the extent possible, aligned performance measures in Questica with the goals and objectives listed in the Operating Budget for each department. That project identified many measures that are not aligned with a specific objective, as well as objectives that did not have corresponding performance measures. Departments have sometimes also reported performance data into the International City/County Management Association (ICMA) Insights database. The ICMA database includes about 900 performance measures that are organized into 7 service clusters.3 Because the ICMA determines what performance measures it wants to collect, the measures may or may not align 2 The Office of the City Auditor began tracking the time separately for the FY 2015 Annual Performance Report and The National Citizen Survey™. We spent 415 of the 700 hours on the Annual Performance Report. 3 The list of service clusters and examples of performance measures collected is available on the ICMA’s website: http://icma.org/en/results/center_for_performance_measurement/icma_insights/what_we_measure. Attachment A Page 3 with City of Palo Alto departments’ goals and objectives, with measures that departments already track, or with measures that the department would deem important to track. However, a benefit of the ICMA database is that it can provide a more complete basis for benchmarking results than might be achieved in the Annual Performance Report. The Office of the City Auditor collects performance measures from departments in a series of spreadsheets, the Office of Management and Budget requires departments to enter the performance measures listed in the Operating Budget book directly into the Questica performance management module, and ICMA requires participating cities to enter their performance measures directly into ICMA’s database. This creates redundant efforts for departments. Audit staff, through their audits, have sometimes identified performance results that are not accurate, which could result in poor management decisions if used for that purpose. The Office of the City Auditor does not audit the performance results that departments submit as part of the process of compiling them into the Annual Performance Report. Discussion Performance Measurement vs. Performance Management There is often not a clear understanding of the difference between performance measurement and performance management: Performance measurement is the process of collecting input, output, and/or outcome data for programs, activities, and services. Performance measures are numeric descriptions of the results of an entity’s work and should be collected throughout the year (emphasis added). Performance management is the practice of using performance data to compare actual results to previously identified targets, industry standards, and/or similar jurisdictions and using those results to help make decisions to improve service delivery. Performance management can help identify success stories that should be replicated, with decisions for allocating and prioritizing resources, and identify the need for changes in policy or program direction. Using a well-developed performance management system can help an entity achieve its goals and objectives and provide accountability for efficient and effective use of resources. Having a performance measurement system without analyzing and using the data collected to manage and improve an organization’s performance is not an effective use of limited and valuable resources. As shown by the numbers above, progress needs to be made to develop the Annual Performance Report into a performance management system. Because of the nature of much of the data, particularly financial data, included in the Annual Performance Report, the Office of the City Auditor cannot produce the report until several months after the end of each fiscal year when it may be too late to implement changes that could reverse a negative trend in performance. Attachment A Page 4 Linkage Between Performance Management Systems and Internal Controls There is a strong linkage between an effective performance management system and an effective internal control system. Both, when properly designed and implemented, assess the quality of performance over time and allow for timely change when it becomes unlikely that an entity will achieve its stated objectives. Two internal control frameworks are widely recognized in the United States. The first, Internal Control – Integrated Framework, is published by the Committee of Sponsoring Organizations (COSO) of the Treadway Commission; and the second, Standards for Internal Control in the Federal Government, is published by the United States Government Accountability Office (GAO), under the authority of the Comptroller General of the United States, and is adaptable to local government entities.4 Both frameworks recognize that management is responsible for internal controls and identify the same five components of an effective internal control system: Control Environment – The control environment represents the tone at the top of an organization through its set of standards, processes, discipline, and structure for internal control. It includes evaluating performance and holding individuals accountable for their internal control responsibilities. Effective performance management systems have sustained support from an organization’s top management, and a results focus that permeates the organizational culture. Indeed, a San Francisco Civil Grand Jury report issued in 2009 reported that the primary cause of the city’s failure to deliver on its promise of performance measurement was a lack of leadership on the part of the mayor and his department heads. Risk Assessment – Risk assessment is a dynamic and iterative process for identifying and assessing risks that can prevent and entity from achieving its objectives, including identifying, analyzing, and responding to significant changes. Effective performance management systems use a risk-assessment process to help identify the barriers that might prevent an organization from achieving its goals and objectives. Control Activities – Control activities are the policies and procedures that management establishes to achieve an organization’s objectives. Control activities include defining and assigning responsibility and are performed at all levels of an organization and at various stages of a business process. Control activities include top-level reviews of actual performance to planned or expected results and analysis of significant differences. Organizations with effective performance management systems document the sequence of expected or desired outcomes through planned actions and activities (i.e., procedures). Information and Communication – Information and communication involves the processes of identifying information requirements, obtaining relevant data from reliable sources, processing the data into quality information, and communicating the necessary quality information throughout (i.e., up, down, and across reporting lines) the entity, and includes communication 4 An Executive Summary of Internal Control – Integrated Framework is available for download, and the complete Framework is available for purchase at http://www.coso.org/ic.htm. Standards for Internal Control in the Federal Government is available for download on the GAO’s website at http://www.gao.gov/greenbook/overview. Attachment A Page 5 with external parties as appropriate. Organizations with effective performance management systems have established mechanisms for communicating outcome expectations and how to achieve them to responsible personnel in the organization. Monitoring – Monitoring is a continuous (emphasis added) process that includes assessing the quality of performance over time, evaluating and documenting results, and assessing and responding to change by taking prompt corrective action to affect performance or efficiency if improvements are necessary. Organizations with effective performance management systems continuously monitor performance, evaluate results, and take action to address performance issues that may prevent an organization from achieving its objectives. Internal controls are, and always have been, a management responsibility. Requiring management to report on its own performance helps to fulfill these internal control responsibilities. It also provides the benefit of allowing those who best understand their performance to explain what they did to achieve success, reasons why they were not able to meet their performance goals, or corrective action needed to help them achieve their performance goals. Further, as auditing standards have been updated, they have increased the emphasis on auditors maintaining their independence, which specifically includes not performing management functions. The standards identify an auditor developing an audited entity’s performance measurement system as an example of a management responsibility that would impair the auditor’s independence. Establishing an Effective Performance Management System A wide variety of literature is available regarding how to develop and implement effective performance measurement and performance management systems. Although the literature varies in approaches, there are several common themes: Alignment with organizational goals and objectives is crucial for successful performance measurement systems. Adopting measures from other organizations is the same as adopting their strategy, which may not be right for another organization. Only key performance measures – those that relate to major or critical programs, activities, and services and major goals and objectives of the organization – should be tracked. Collecting data simply because it is available or easy to capture may not provide meaningful information that can be used for strategic decision making and can result in an organization being data rich but information poor. Tracking too much data can also result in placing too much attention on noncritical activities. Performance measurement systems should be used as a positive tool – one that allows an organization to track progress and direction toward strategic goals and objectives rather than one that attempts to place blame if the goals and objectives are not met. Although performance measures generally should be consistent over time for comparability, performance measurement is an iterative process that recognizes when there is a need to develop new measures based on new initiatives and eliminate measures that are either no longer relevant to an organization’s goals and objectives or no longer serve the purpose of driving improvement. Attachment A Page 6 Analysis of data must be performed to turn the data into information that can be used to identify the cause-effect relationship that has resulted in gaps between goals and reality. Decision makers must have performance information promptly to allow corrective action to be taken as soon as negative trends are identified. Balance is important, e.g., a mix a measures to show if a work unit is accomplishing its mission, if the work unit’s customers are happy, if the work is being done well, if the work is being done efficiently, and if appropriate progress is being made on special initiatives. The City of Palo Alto’s Annual Performance Report primarily reports on data that is readily available and has been collected for many years. Although some of the performance measures are benchmarked against other jurisdictions, very few of the measures have identified performance targets, which makes it difficult, if not impossible, for users of the report to know how well departments are doing toward achieving their goals and objectives. Types of Performance Measures Performance measures fall into one of three categories: Input - The financial and nonfinancial resources used to produce outputs, e.g., number of staff, dollars, hours, information, raw materials, or others’ work that is fed into a process to produce an output/service. Output - The quantity of what is made or the service provided, e.g., permits, contracts, reports, citations, scrap/waste created by the process. Outcome - The result of a process; outcomes can be expressed in terms of efficiency or effectiveness: o Efficiency outcome - The cost or lapsed time to produce an output/service. o Effectiveness outcome - How well a work unit did toward achieving the expected or desired results, often expressed in terms of a rate or percentage. Criteria for Effective Performance Measures Performance measurement literature often expresses the need for performance measures to be SMART: Specific - A clear description of what level of performance is expected and what is being measured; should begin with an action word such as “increase,” “reduce,” “establish,” “attain,” and should relate back to the objective. Measurable - Data can be used to measure the results and demonstrate how much progress is being made toward achieving the objective, e.g., how much, how many, how well; the data used to measure the results should come from reliable sources that provide consistency from one period to another so that results can be compared over time. Attainable - The goal is doable, assuming that the necessary skills and resources are available; attainable goals should provide a challenge but not be so difficult to achieve (i.e., “stretch goals”) that they become demoralizing, nor so easy to achieve that they do not motivate staff. Attachment A Page 7 Relevant - There is a clear relationship between the performance measure and the organization’s goals and objectives, and the result will be important. Time-bound - There is a clear time frame for accomplishing the goal, e.g., a target date or other milestone. Having an effective continuous performance monitoring and reporting system could also potentially eliminate the need for other reports that departments produce on a routine basis. Policy Implications It is important to recognize that revamping the current performance reporting system is a major undertaking that will take time to implement. Decisions need to be made regarding the timeline for implementation and whether the Office of the City Auditor should continue producing the Annual Performance Report in its current format until implementation of a new performance reporting system is in place. Policies adopted regarding a revised process for performance reporting should recognize the importance of focusing on the few, critical aspects of performance for each department, rather than on collecting so much data that the process loses meaning and impact. Options for Discussion There are several approaches that can be undertaken to revise the process for performance reporting: Status Quo – The Auditor’s Office would continue collecting performance data and producing the Annual Performance Report as it currently does, and departments would continue entering performance results directly into Questica for budget purposes. Auditor’s Office Produces an Updated Version of the Annual Performance Report - The Auditor’s Office would use its summer intern to complete the project of identifying where departments do not have key performance measures for core objectives and request that departments evaluate the need to continue tracking noncritical measures and update their measures in Questica to eliminate current redundant efforts. The Auditor’s Office would revise the Annual Performance Report based on the updated measures and would produce the report by extracting the data from Questica. Soft Transition to the City Manager’s Office/Office of Management and Budget – The Auditor’s Office would use its summer intern to complete the project of identifying where departments do not have key performance measures for core objectives and request that departments evaluate the need to continue tracking noncritical measures and update their measures only in Questica to eliminate redundant efforts that currently exist. The City Manager’s Office and Office of Management and Budget would then determine how often the data should be updated, how often and what to report on, and develop a reporting format using the Questica dashboard or another format. The Office of the City Auditor’s role would change to auditing the performance measures for reliability, as described in the attached proposal. Use a Consultant to Work With Departments to Identify and Update Critical Performance Measures – A consultant who specializes in performance management would work with departments to help them understand how to select meaningful performance measures and Attachment A Page 8 performance targets. This option could be used alone or in conjunction with one of the other options. A key component of any decision for how to proceed is the extent to which the City Manager’s Office, department management, and the Council will use the updated performance measures for decision making purposes regarding City programs and activities. Resource Impact Implementing a new performance reporting system was anticipated with the Office of Management and Budget’s purchase of the performance management module for Questica. However, each department will need to dedicate time and attention to reviewing and evaluating the need to continue tracking its existing performance measures, to update existing performance measures, or to develop new performance measures. The Office of the City Manager and the Office of Management and Budget will also need to develop a reporting framework and designing and implementing a new reporting tool that is compatible with Questica. Some government entities have staff who are dedicated to a performance management function. Whether additional staff are needed depend on the extent of options that Council recommends for adoption. Environmental Review This action is not subject to the California Environmental Quality Act. Respectfully submitted, Harriet Richardson City Auditor ATTACHMENTS: Attachment A: Proposal for Restructuring How City Departments Report on Their Performance (PDF) Attachment B: Performance Measurement and Management Resources (PDF) Department Head: Harriet Richardson, City Auditor Attachment A Page 9 Attachment A Proposal for Restructuring How City Departments Report on Their Performance Although the Office of the City Auditor has taken on the role of collecting and reporting on the City’s performance measurement data and has the capacity to continue doing so, placing the reporting responsibility within the Office of the City Manager would help management satisfy its internal control responsibilities related to the information/communication and monitoring components. Much of the data in the current Annual Performance Report has low value to departments, and there is limited use of the data to monitor and manage performance within the departments. An effective performance management system would more closely align performance measures with the departments’ missions, goals, and objectives and focus on measures related to core services, specific initiatives and work plans, and Council priorities. An effective performance management system would also allow the Council, management, and the public to better determine how the City is performing on an ongoing basis and identify how resources should be allocated. Realigning responsibilities would provide the Office of the City Auditor the capacity to take on a more meaningful role with regard to verifying the accuracy and reliability of performance measures. Based on this, the City Auditor proposes: 1. Shift responsibility to the Office of the City Manager for reporting to Council on how departments have performed toward achieving their goals. This would require the City Manager to: a. Work with departments to identify which key measures to report on an ongoing basis. For example, the measures reported should include a core group of measures that reflect mission-essential requirements, but might also include a changing group of measures that are based on current department initiatives, significant projects, or Council priorities. Although departments might want to track additional measures internally, it is important to identify and report on only the few, most important measures that are critical to achieving each department’s goals and objectives. b. Work with the Office of Management and Budget to develop and design the use of Questica as it pertains to the future of performance measurement and reporting, whether that be inputting, tracking and updates, a scorecard, or reporting. c. Design a report format, which could vary, for example, by reporting on a selection of key measures in a simple format, such as an infographic, on a monthly or quarterly basis and doing a more comprehensive annual report. d. Determine the value of specific performance measures in ICMA’s Insights database and report only on those measures that provide value to the City. 2. Change the Office of the City Auditor’s responsibility to verifying the accuracy and reliability of a sample of reported performance measures each year. However, to facilitate the changes in responsibilities, propose that audit staff would: a. Extract existing goals, objectives, and performance measures from departments’ strategic plans, Questica, and the performance measure spreadsheets and align them into a template with existing performance measures that departments can use to review and determine the need to keep or eliminate existing measures or develop new measures. An intern in the City Manager’s Office began some of this work, and an intern from Stanford’s FisCAL program, scheduled to work in the Office of the City Auditor for eight weeks beginning on June 13, would assist on this project. Attachment A b. Assist departments, as needed, in developing meaningful performance measures, including performance targets, and in identifying potential sources of data for the measures. c. The following provides a sample template of how the Office of the City Auditor anticipates it would collect existing information from our performance measure spreadsheets, departments’ strategic plans, and Questica to facilitate changing to a more meaningful performance management process. This template would be completed for each goal and objective within a division and for each division within a department. ***Sample Performance Measure Development Template*** Department: Division: Goal 1: Objective 1: Performance measure 1 and performance target: Performance measure 2 and performance target: Objective 2: Performance measure 1 and performance target: Performance measure 2 and performance target: Goal 2: Objective 1: Performance measure 1 and performance target: Performance measure 2 and performance target: Objective 2: Performance measure 1 and performance target: Performance measure 2 and performance target: Attachment A Performance Measurement and Management Resources Hatry, Harry P., Transforming Performance Measurement for the 21st Century (Washington, DC: The Urban Institute, 2014), available at http://www.urban.org/research/publication/transforming‐ performance‐measurement‐21st‐century. Public Performance Measurement & Reporting Network (PPMRN), Rutgers School of Public Affairs and Administration, available at http://ppmrn.newark.rutgers.edu/ (free registration). Guide for Developing Relevant Key Performance Indicators for Public Sector Reporting, Office of the Auditor General of British Columbia (December 2010), available at http://www.bcauditor.com/pubs/2010/report10/guide‐developing‐relevant‐key‐performance‐ indicators‐kpi. A Performance Management Framework for State and Local Government: From Measurement and Reporting to Management and Improving (Chicago, IL: National Performance Management Advisory Commission, 2010), available at http://www.nasbo.org/publications‐data/reports/performance‐ management‐framework‐state‐and‐local‐government‐measurement‐an. Attachment A Special Meeting June 14, 2016 Chairperson DuBois called the meeting to order at 6:10 P.M. in the Community Meeting Room, 250 Hamilton Avenue, Palo Alto, California. Present: DuBois (Chair), Kniss, Scharff Absent: Berman Agenda Items 2.Discussion and Recommendation to Provide Direction to the City Auditor Regarding the Office of the City Auditor’s Role in Producing the Annual Performance Report and Proposed Changes for Reporting on City Departments’ Performance. Chair DuBois: Moving on to Item 2, which is discussion and recommendation to provide direction on the Annual Performance Report. Harriet Richardson, City Auditor: I tried something a little bit different here instead of a PowerPoint. I see that (inaudible) landscape form. My idea was to have one sheet up there that we (crosstalk) have it in front of you instead of having to flip through multiple pages. We've discussed in the past the process for producing the Annual Performance Report. When I first came here, the report was 130-something pages. My office was spending about 2,000 hours a year combining that with the National Citizen Survey. They weren't tracking the hours separately between the two. I am now tracking those separately. We have streamlined the format of the report to reduce labor hours. This last year, it was a 57-page report, and we've reduced the hours just on the Performance Report to about 400 hours, a significant savings by streamlining the format. One of the things that I was curious about when I first came here was the extent to which those measures were used to actually manage performance. We did a couple of things. One was we sent it out to the departments and said, "Tell us everything that you—which of these measures you actually use to manage your performance." We also looked in the budget book to see which of the measures were also used in the budget book to see if there was alignment between what we were reporting in the Performance Report and what we were reporting for budget purposes. There was some large discrepancies between the two of them. Forty-nine of the measures are in the operating budget and the Performance Report, and the Attachment B departments use them to manage their performance. One hundred eight of the measures, departments used to manage performance, but they don't put them in the budget book; although, the budget book is somewhat selective in what goes in there. Twenty-four of the measures were in the budget book, but they weren't being used to manage performance. One hundred twenty- nine measures were not in the budget book and were not used by departments to manage performance. We were collecting a lot of data without it really being used to manage performance. The concept of performance measurement is that you're going to use it to manage your performance. One of the things that also stuck out with me is the Auditor's Office was producing the report. A basic element of internal control is that management reports on their performance. It is a management function; it's always been a management function. Jim believes it's a management function, and that he should be the one who's actually reporting on the performance. What I'm here to do tonight is really just have some discussion about how we transition from it being something that our office would continue doing to something that the City Manager's Office would do. Normally you see performance management in the Budget Office. It's typically something that's done because they do the budget and it's typically part of the budget process. One of the key things that I've noticed here is that the way do it, they're really separate processes, the Performance Report and the budget. They're not synched in anyway. When Walter was here, he bought for the City an add-on module to the budget system, Questica. It's a performance management module. The idea was going to be that it would eventually become one process where everyone in the City enters the data in one place, and it's used for budget purposes, it's used for performance management. With Walter leaving, then with Staff changes, that's been somewhat on hold. Now it's kind of where do we go from here. Another key thing that stood out to me is we were collecting all this data in the Auditor's Office, and I think there was a sense that the auditor's independent; therefore, there's more validity to what's in the report. It really was a data collection exercise. Give us your data, and we'll put it in this format. We weren't validating it in any way. By looking at changing it, I think the auditor could play a different role which would be we do some validation of the data every year. It would be on a sample basis. We would select some measures, and we'd look at where's the data coming from, is it reliable, does it reflect what you actually think that you're measuring. I can give some examples. In other places where I've worked, we did this a lot of times as part of our audits. We'd look at the measures. We looked at, for example, IT one year. They had a measure for customer service, and it was what percentage of the customers were satisfied with the service. The way they collected the data was if someone didn't complain, they counted it as 100 percent satisfied. It was a whole series of measures that were that way. We found that with other places that we actually looked at the performance measures. I'm not saying that Palo Alto is Attachment B that way, but I'm saying that there is some value in looking and making sure that when the measures are reported out, you know that what you're seeing means what you think it represents. What I'm proposing is that we do a soft transition. The question is during that soft transition do we continue to produce the report. Right now, we have a summer intern, Marisa Lin from Stanford. Vice Mayor Scharff: Welcome, Marisa. Ms. Richardson: There was an intern in the City Manager's Office who started working on this process, Ayleen from Germany. I don't know if any of you met her. What we've done up to this point is taken the data from Questica and tried to align the measures that are in the Performance Report and what's in the budget book to see where the gaps are. Marisa's going to continue with this project. We're going to identify where the gaps are, what things really should be measured. One of the things that's a key item in this is that when you do performance measurement and performance management, you really want to focus on the items that are critical to your mission. You can measure lots of things, but you can get so out of control with measurement that you really aren't focused on what are the most important things. What we would do is set up a framework, and then the City Manager and departments would fill in the gaps with identifying what is important to them, what are the really most important measures, and then come up with a new reporting mechanism which would likely be more frequent, because right now we report about six months after the end of the year. It's too late to take corrective action of something that might be taking a negative trend in process. If you're monitoring throughout the year, which is what performance management is, then you take corrective action when you see a negative trend developing. What I wanted to do tonight is just kind of have some discussion about what this process would be, what the direction should be for us and the City Manager's Office for moving forward in this direction. I do recognize that shifting it to Office of Management and Budget (OMB) and shifting it to more of a performance management system would likely require a Full Time Equivalent (FTE) at some point in OMB. I know right now that's not in the budget. Chair DuBois: I'd like to suggest we break the conversation into at least two pieces. I think on Page 7, there's some options for how the report is created. I think we should talk through the options and not just focus on this one proposal. Council Member Kniss: You're on Page 7? Attachment B Chair DuBois: Maybe separately we should have a discussion about key performance measures and how we can approve the actual data that we're getting. I think you kind of mixed two different issues there, who does the report and whether the data is useful or not in what we're reporting. Ms. Richardson: It is both of those issues. Vice Mayor Scharff: I guess it's a broader issue, for me, than that. To me, it's a management tool issue in real time as opposed to that at the end of year you get these performance measures. What I heard her say was these issues come up and you can correct course. Part of it, for me, is not for us to tell them what data to collect, frankly. It's for the City Manager's Office to determine what data will be the most effective as a management tool. Chair DuBois: It's multiple levels, right? It's a tool for the Council and feedback to the Council. On one hand, I'm looking at it as a dashboard for us, but it should also be aligned with management, which is their tool. Council Member Kniss: Do you all see this coming every month or something? Chair DuBois: That's why I was trying to break it into the .. Vice Mayor Scharff: No, I don't. Chair DuBois: ... data, which the data can be used for multiple things, versus how do we produce a report for Council and the public on performance of the City. Council Member Kniss: What do you mean by the data could be used for multiple things? Chair DuBois: The data could be used by managers ongoing throughout the year, if it was available. That's separate from putting it into a report. Vice Mayor Scharff: That's the tool that I hear the City Manager wants to move towards. Ms. Richardson: Yes. Suzanne Mason, Assistant City Manager: No. Vice Mayor Scharff: No? Yes? Ms. Mason: We would like to be measuring useful information. We'd like to be using Questica to collect that data. It definitely is going to take some time. Walter was prepared to jump off into ... Attachment B Vice Mayor Scharff: He left. Ms. Mason: ... performance reporting. It required a lot of effort to do the transition. I just wanted to share a few things with you just to comment on. I totally agree—we agree with Harriet's recommendations. I think part of it is a resource function and the frequency as well as making this conversion. We talked about this a little bit. It's going to take time for OMB to re-staff and have the adequate resources to lead this effort and probably a dedicated FTE to make sure it's continuous. The other part on data collection and frequency, which in my past experience I've found challenging, is it depends on where your data is coming from and whether it's readily available. Let's say you're measuring recruitment timeframes, time from vacancy to fill it. That's a very pertinent HR performance measure. If your system measures that, you're in good shape, and it uploads to the performance tracking system, you're in great shape. If it really takes Staff in HR to manually kind of shut down the system and then do a manual effort to record ... Vice Mayor Scharff: What a nightmare. Ms. Mason: It is a balancing act between the value of the frequency of the data and the frequency. I'm just giving you examples. It's not as simple. I actually in a previous life purchased a performance management system. We brought in a consultant to do a citywide effort on rebuilding the entire city around—we called it Focus on Results Long Beach. It had a whole framework, and it was a very labor-intensive process. Vice Mayor Scharff: It didn't work. Ms. Mason: It never fully got off the ground. I think keeping it simple ... Council Member Kniss: Because it was too labor intensive. Ms. Mason: It was too labor intensive. Council Member Kniss: It really got in the way of what you hoped ... Ms. Mason: To accomplish. Council Member Kniss: Yes. It got bogged down (crosstalk). Ms. Mason: Did I need monthly data on how long it's taking us to hire? That's really an annual measure that tells me something. Vice Mayor Scharff: You clearly don't Attachment B Ms. Mason: I think it differs. The Police Department better be measuring their performance data on a very real-time basis and change course. Chair DuBois: I think we're talking about what are those KPIs, key performance indicators, that actually are useful to the manager. If you need to use them for your daily job, you'll be doing them. Ms. Mason: I think the manager should question if it's taking a department four months to fill a vacancy. That's a problem. Do we have the right resources? Do we have the right process? Have we created these generalist business processes that are doing too many things? That's good data, but it's really not meaningful until you have a year's worth of it to see what's really our average time. I don't think we can make blanket statements about frequency. Ms. Richardson: I agree. Ms. Mason: I do think the overall recommendations here and that there are measures we should see on a regular basis, like time to answer a dispatch call. Chair DuBois: I went back and looked at some old Performance Reports. There's a lot of numbers in here that, I think, are kind of meaningless. We're spending a lot of time gathering these and cleaning them up. I think that's what we're talking about. What's the right data that's really useful. I think the department should figure out what's useful to them. I do think Council should have some input on what's useful to Council in terms of—really it's the efficiency ratings. What's the output for whatever the input is. Like the Library, how many volumes we have doesn't really mean much. Some of the Public Works metrics are actually pretty good. It's like percentage of potholes fixed. There's other areas where that leaves a question, which is how many potholes weren't fixed. Those are the kinds ... Ms. Richardson: Normally you see timeliness for fixing a pothole as a measure. Vice Mayor Scharff: Not the number. It's the timeliness. Ms. Richardson: It's the timeliness, and then it's your Pavement Condition Index (PCI) for overall street condition. Chair DuBois: I do think there's a lot of areas where we're serving the public where what's actually most relevant is customer satisfaction, and we don't report a lot of that. That would probably involve some kind of survey or something. Attachment B Vice Mayor Scharff: I agree with you. Things like the PCI index, they're useful, but what's more useful is to say PCI index increase or decrease. Chair DuBois: That one's not bad. You can kind of see ... Vice Mayor Scharff: You're right. It's do things get better or do things get worse. Council Member Kniss: I think the so-called data collection and measurements and so forth that we've concentrated on a lot lately are also sometimes, as you just said, Suzanne, can start to get burdensome. If it's the kind of thing that gets reported on a regular basis, you're reporting it every two weeks or every four weeks or something like that, I think it starts to get in the way of your overall assessment of a performance. It's like taking little bits and pieces and saying, "Right now it's a disaster," and then two weeks later it's terrific. I think we have to watch for that at the same time. Ms. Richardson: Even now I would say some of that happens. The departments know we're going to ask for this every year, and we send it out. It's not like they have the information and can just hand it to us. We usually get them in about a month. A lot of times, we get "can we get another two weeks, can we get another two weeks." It's not like the information is just handy. Chair DuBois: To me that's a real mismatch. Ms. Richardson: It's an effort for them to gather the data even at the end of the year. Ms. Mason: Again, it depends on the information. Chair DuBois: We're asking for ... Ms. Mason: Having someone stop doing their job to go gather the information is challenging. Finding that balance between ... Chair DuBois: To me, it's an indication of a mismatch. We're asking for data that they don't find useful for their department. Ms. Richardson: Correct. Chair DuBois: Why are we even asking that? Ms. Richardson: That's what you see in here with these numbers. Attachment B Ms. Mason: Sometimes it takes time to correct it, if it's a manual effort. It's great if you have a system that's uploading directly and producing the data. Chair DuBois: I'm just saying if we are reporting data that aligns with that department manager's goals, they better be tracking it throughout the year, because they need to know how they're doing. I'd be totally in favor of getting rid of meaningless data. Ms. Richardson: One hundred and fifty-three measures. Vice Mayor Scharff: I would support (crosstalk). Chair DuBois: There's stuff in here on Code enforcement. Ms. Mason: We totally agree with the recommendation. I also think when we start determining the measures, we should look at what is the beneficial frequency of gathering this data. Vice Mayor Scharff: We're totally with you. Ms. Mason: Sometimes a once a year look at that ... Council Member Kniss: Is ample. Other times ... Chair DuBois: It needs to be honest, though. There was like a Code Enforcement metric. It was like how many Code enforcement things were responded to in 120 days. That just seemed like a length of time that was chosen to make the report look better. I'm not sure most residents would say 120 days was responsive. Ms. Mason: You know what I also think, and I don't know this. ICMA, the International City/County Managers Association, has a very robust performance measurement process. It's very intense and thorough. Some of these measures may have come off the national measurement program. You want to be able to compare jurisdiction to jurisdiction, so you try and create a barometer for consistency. That measure sounds like an ICMA measure to me. Here we may have a higher standard, within 30 days or within two weeks. Ms. Richardson: In some cases, I think if some of that data came and you said, "We should collect it for ICMA purposes," we're collecting it for ICMA purposes and not because it's beneficial to us. Vice Mayor Scharff: I'm not really interested in collecting data for ICMA purposes. Attachment B Ms. Mason: I think this was an early-on push. We are debating this right now. ICMA actually has a system and all those things. Your point is really well taken in that each jurisdiction has a different barometer for what's acceptable performance and different parameters in the technology we use to do things. Council Member Kniss: Just a question about the historical perspective. The auditor has done this for how long? Ms. Richardson: Since 2002. Council Member Kniss: Switching to the City Manager has taken almost 15 years. Ms. Richardson: There wasn't really discussion, I don't think, about switching it over until I came and I was talking to Jim about it. Jim feels like it's his responsibility to measure his own performance. It was something initiated many years ago by a previous auditor, and it's just stuck as a City Auditor work plan item. Council Member Kniss: I appreciate the explanation. Chair DuBois: I do have some concerns. If we want to switch to kind of the options for creating this stuff. You guys have gotten really good at it. Getting the hours down to 400 hours is impressive. That's not an FTE. I'm a little bit concerned that you guys have kind of got this process down, and now we're going to switch it over to OMB, which is really understaffed, and have to hire another person. I almost wonder if one of your other options was the second bullet here, producing an updated version. I think there's a mix of things here that the City Manager's Office and the department heads could be working on useful metrics. Again, we're doing this ERP redesign, and I think that's really a key part of the ERP. It should be collecting and reporting useful data. The City Manager could own that, but you could still own production of the Annual Report. Hopefully there would be alignment there, and you could do some of the things you're talking about, which is auditing that report at the same time. I'd like to hear more about really why, just in terms of time and dollars, we would want to move it. Ms. Richardson: It's more because they're monitoring their performance rather than us just collecting data and putting it in a report. Chair DuBois: I'm saying those are separate things. Vice Mayor Scharff: I think we hire ... Attachment B Chair DuBois: They could monitor their performance and use the ERP versus producing this Annual Report. Those are two different things. Ms. Mason: I think it's a good idea as we explore the ERP to see what kind of data can come from the ERP directly into Questica. Vice Mayor Scharff: That's making it non-manual. Obviously the more non- manual the better. Ms. Mason: It's assuming, though, that—there are certain measures that hopefully will come such as number of employees who don't pass probation. That's a sign you're not doing good recruiting. An ERP system should be able to tell you that in a year and feed that data. There's other measures that may not be as easily received. Ms. Richardson: I know Questica has some reporting. I know it has a dashboard capability, but I also know that it's reporting capabilities aren't that great. You can use third-party software, like Crystal Reports or something like that, and develop reports directly from Questica. Right now, that Performance Report, every single page, is an individual PowerPoint slide. It's not the most efficient way of producing it. I think having an automated report would make more sense. Council Member Kniss: Has Questica been used? Ms. Richardson: It's being used right now only for budget purposes. The departments at budget time—a few months before the budget comes forward, they put all their performance measures in there. If they want to update something, they put that in there. We're not taking the data from that to use for the Performance Report. We're still sending a spreadsheet out to the departments and saying fill this out. That's where we get the data from. There's also some timing issues, because we're doing ours. When they put their budget information in, it's really—for Fiscal Year '16 Budget, they put in Fiscal Year '15 data because that was what was available. They're putting that in about the time that we would have already completed our—right about the time we would have been completing our Performance Report. Council Member DuBois: Can you explain—it's not clear to me that the performance metrics are necessarily tied to the budget. You talk about things like satisfaction, response time. It's clear to me that that maybe belongs to the City Manager in terms of management performance, but why the tie to the budget? Ms. Mason: A program budget should tell you this is what suppression in the Fire Department costs and here's our data on how we're doing. When you're Attachment B reviewing the budget, you might say—the Code Enforcement example is a great one. Let's say we shared with you that we respond to Code enforcement violations within 30 days of receiving the complaint. In the budget process, you say, "That's unacceptable. We want within three business days of the complaint coming in that our citizens have been contacted." We say, "We're going to need a lot more Code enforcement officers to deliver that service." There should be a tie and a link between what you're spending, the resource investment and the results. Just like the workers' comp ... Chair DuBois: Just as long as we're getting that. Those performance metrics are not necessarily all dollar related. I would just be worried if it was driven by OMB, and they would focus on financial metrics more than ... Ms. Mason: They shouldn't be. They're management and budget, so they're management as well. They should be helping us look at performance. We should make sure and communicate that we communicate in terms of here's what you're investing, here's your return. Vice Mayor Scharff: The other thing I wanted to say is I thought the metrics should tell reasonably agreed upon what the metric means. I'll give you an example. You just said that if we have a number of employees that don't meet probation, we were not necessarily recruiting correctly. Ms. Mason: We may have a problem. Vice Mayor Scharff: You also may have a problem if too many employees get through probation, because you may not be ... Ms. Mason: Evaluating correctly. Vice Mayor Scharff: Correctly and letting go—given the way Civil Service works, you actually end up with employees ... Ms. Mason: I'd give you a different measure on that. Vice Mayor Scharff: I'm just saying that I think it's not always that easy to know what these metrics mean. Obviously you have—if you're going to report to Council, I think some of the metrics you report to Council are clearly useful to us. Code enforcement occurred in this and that. We all have a sense of what that means. You're right tying it to resources. There should be a lot of internal ones maybe that the City Manager's performance ... Ms. Mason: Yeah, that don't go in the budget. Vice Mayor Scharff: That don't go in—something like that. I'm not sure— unless you said historically the pattern is, we've done all these studies, 90 Attachment B percent should be the number. If you're above 90 percent, you're letting too many people through. If you're below 90 percent, you're not. I'm not sure we have the data to back up what those numbers are. Ms. Mason: I was just giving you some that I've worked on recently. Truly, if 10 percent of your employees are not successful, you have an issue. You're not doing a good recruitment. Vice Mayor Scharff: I wasn't really interested in the details. It was more a point that you could have metrics that don't necessarily ... Ms. Mason: Tie to the budget. Vice Mayor Scharff: We as Council Members, who don't have the background, may interpret them incorrectly. I see that all the time on Council. We get some data, and maybe I'm interpreting it incorrectly, but I think my fellow Council Members are interpreting it incorrectly. It's open to interpretation without anyone having any training in how you interpret that data. Council Member Kniss: A good point. Could we come back to this for a minute? Tom, you started there. I'm reading your policy implications again. I'm wondering, as I look at this, whether or not we might start with Number 2 and morph into Number 3. Part of it is just knowing—this is one of those times when you know what's going on within the City. We know that, as you said Tom, OMB numbers are down. It may be, Harriet, that you have time to monitor this for another year. What you said is should you continue producing this until implementation of a new performance system is in place. I'm wondering if you should do this for another year and then gradually do the soft transition over to the City Manager's Office. Is that something you two could support or do you look ... Chair DuBois: The other point I want to talk about was the move to the new ERP system, which may or may not happen in a year. I think ... Ms. Richardson: It won't happen in a year. It's probably at least 2018. Chair DuBois: Right. I think there's some interesting challenges there. Again, the City Manager and the department heads, you've really got to spend some time thinking about your processes and the design in the ERP. I could see a role for the auditor in that process as long as it's the right role. I think, again, the departments need to own their own metrics, but you could have a role in that. If you kept this report until that new ERP was in place, that might make more sense. Attachment B Ms. Richardson: IT is starting two tracks for planning the new system, which is part of their Phase 2. One is a strategic phase, and one is a tactical phase. The tactical phase is really looking at the requirements for each department, documenting them. The strategic phase is thinking of it more in a broader sense. Jonathan has asked for a representative from each department to participate in that. I have had discussion with him, and we are going to participate more as an adviser, so kind of the role you're talking about on that piece of it. Chair DuBois: I actually think you should be the Council's representative in the design of the ERP, what are the metrics that should be exposed to Council and make sure they're collected. Ms. Richardson: We've got something going with Jonathan about what our role would be for that. I'm also planning to put some items into our performance audit plan. That's ... Vice Mayor Scharff: That's not the role of the Auditor, though. Chair DuBois: We don't really have anybody that could represent us. Vice Mayor Scharff: Sure, the City Manager represents us. We hire and fire him. That's his job. Ms. Richardson: We're looking at it more ... Chair DuBois: (crosstalk) reporting and auditing. Ms. Richardson: We're looking at it more from an advisory role, thinking about what types of things we would look at from an audit perspective and making sure that if we see something that's going astray from what we would expect to see if we were in there auditing, that we're advising them that this is really not the way we would want to see it be done. That's really the role that we were planning to take for that piece of it. Vice Mayor Scharff: I find this to be a really difficult discussion. You gave us four options here. There's no really report from the City Manager's Office as to what they want. I find that—this is all about—if you guys came to me and said, "We'd like to do the soft transition. That's the recommendation of the City Manager's Office." That's your recommendation. I'd be like, "That's great, and here are the mechanics to do it." If you came to us and said, "We want to do the Auditor's Office production of an updated version of the report." Liz just said transition to the soft transition in a year, because of these things. That would be very helpful too. I don't feel like I have enough information to say let's do the soft transition right now, which frankly would be my Attachment B preference, because I don't think this report is all that useful. I think you spend a lot of time on it. I'm actually wondering if you could maybe cut one of your Staff members or have them work half time on it. If you're saving 400 hours, you've gone from 2,000 hours, so we could save some on that FTE. Maybe that's not a possibility; maybe it is. I'm thinking just maybe you guys could put together and come back to us with "after talking, this is what we think the right Staff recommendation is." Ms. Mason: We did talk. I just want to say that. We were pretty clear this is not a current year thing that could be handled. We were actually saying we would try, if the OMB could get staffed up, to implement in conjunction with the budget cycle. It really does take bringing in a consultant to work with you on best practice and ... Chair DuBois: Which is the fourth point here. Vice Mayor Scharff: The fourth point. Ms. Mason: It is an effort. I do think it's going to be reflective. We can prepare a response and a joint recommendation. Some of it's going to be based on time and resources. Council Member Kniss: It sounds a whole lot to me, just listening to the time and resources, as though, if you took Number 2 and gradually moved it into Number 3, that soft transition, without getting into all the bells and whistles of it, that would actually go reasonably well. Hearing Suzanne and what she's been saying. Vice Mayor Scharff: I would support that. Chair DuBois: I'm just concerned, again, 400 hours is 10 weeks versus an FTE. There's like a (crosstalk). Ms. Mason: It was 2,000 hours. I want to share this. Harriet had the equivalent of a full-time Staff person doing this job. The other thing is what's being recommended is beyond what's being done. Right now, Harriet is just providing you data. She's taking data from the departments and putting it into a nice report and giving some commentary. What really is being recommended is that you have a vigorous system that is kept updated, that someone's working with the departments, training them on what's needed, we're going to do quarterly reporting or whatever that might look like. You really are talking about a much more rigorous effort than just collecting data. Council Member Kniss: That's this updated version that you speak of. Attachment B Vice Mayor Scharff: Not, that's not. That's the transition to the City Manager's Office. Ms. Richardson: That's transition, correct. Council Member Kniss: No, that's Number 2, the Auditor's Office. Ms. Richardson: It's really part of Number 3. Once it's transitioned over, that's what it would become, more of a management (crosstalk). Council Member Kniss: I think we should transition it. I just think—this is about timing tonight more than anything else. Vice Mayor Scharff: I'm good with 2 to 3 if Harriet's good with 2 to 3. Ms. Richardson: I'm good with 2 to 3. I'm not even certain one year is enough. We need to take—I think we just sort of play it by ear (crosstalk). Council Member Kniss: Some of us will be here in a year from now. Ms. Richardson: We do a report this year, maybe we scale it back again. Vice Mayor Scharff: Some of us won't. Ms. Richardson: We scale it back maybe and take what the departments told us are the key measures this year and eliminate all the rest of that from the report. One of the things that we also need to work on, in reference to Council Member Scharff's comment about is it really meaningful, is a lot of the performance measures don't have targets in the Performance Report. Without a target, you really don't know is that good or is it bad, because we don't know what it should be. Ms. Mason: The targets are in the budget document. Ms. Richardson: For the ones (crosstalk). Ms. Mason: You should be setting a target. You should also be explaining why is this measure important. That's what I've always had, why is it important to measure this. Vice Mayor Scharff: Exactly. That was really my point. Ms. Richardson: (crosstalk). Ms. Mason: That has been a section that is ... Council Member Kniss: There's some stuff that's kind of useless. Attachment B Chair DuBois: It seems really useful if you keep the report this year and you focus on improving the measures, deleting, adding things that are useful. Again, I think the criteria is it's useful to the department head, the City Manager and to the Council. Vice Mayor Scharff: I like the idea of using the summer intern, because it's the perfect role for that. Council Member Kniss: I know from time to time you've mentioned a dashboard, Tom. I don't quite know ... Chair DuBois: That's kind of how I view this, as kind of a ... Council Member Kniss: Although dashboards, as I've used them, tend to focus in one particular area so that you can really look at them. When I was at the County, we did the hospital on a dashboard. Easy to keep; very, very clear; how many patients have you got in there; what's happening to them; how many infections. It was really very determinative. I'm not quite sure how you take an entire City from A to Z and put it on a dashboard. Ms. Mason: Some of the systems, as far as the dashboards are concerned, is I as the City Manager have a dashboard that comes off the system. I say these are my top ten measures in the City, and I want to see them monthly and the target Harriet speaks of. We set a target of less than three days to respond to a Code Enforcement violation. That's, let's say, on our dashboard. The City Manager sees two months in a row we're at 14 working days. It's showing up red, so the dashboard actually has colors on it. This is way out of range. Is it good to be more or less. You program all that into the system. I mean, this was the system I was building. Everybody has their own dashboard. Each Council Member could have their own dashboard. It pushes right out to them. That's sometimes what's referred to as a dashboard. Chair DuBois: If you go too far, then it becomes hard to maintain. People want to use it every day. Checking that balance is tough. Again, I could see kind of starting down that path by refining this report. At some point bringing in a consultant, and then moving over to the new system. Ms. Mason: Maybe that's also part of the future, that we actually develop a transition plan that we think would be workable and what the requirements would be, working perhaps with a consultant on what's a reasonable system, what would the requirements be, what would frequency be, where would it be housed. Then we could come back with the transition plan, because then we would be informed as to what's required. Attachment B Council Member Kniss: If we were to move from two to three, it sounds as though that could be reasonable. I would make a Motion that we incorporate the Number 2 recommendation from you Harriet and within a reasonable length of time move to the soft transition that you have suggested. I would not limit the time at this point. I think that's something that we need to ... Chair DuBois: What about what Suzanne just said? Have them come back with a ... Vice Mayor Scharff: I'll second that. Chair DuBois: ... plan for how they do that transition. Vice Mayor Scharff: I'll second that. That's fine; we could add in that ... MOTION: Council Member Kniss moved, seconded by Vice Mayor Scharff to direct the City Auditor to implement the Staff recommendation to produce an updated version of the Annual Performance Report and, within a reasonable amount of time, move to a soft transition to the City Manager’s Office and the Office of Management and Budget. Council Member Kniss: I think I'd just like ... Vice Mayor Scharff: I don't want to be too prescriptive on the City Manager right now. Council Member Kniss: I'd just like to move it along at this point. Vice Mayor Scharff: I would like to add that you come back with a plan, but you suggested that you're the City Manager's Office. I'm not going to tell you to go hire a consultant, because you may decide you don't need a consultant or you may decide you need a consultant. That's up to you guys. Ms. Mason: It depends on how rigorous we want this. That's really, honestly— Walter had a plan. I remember before he left, we all met. It definitely was to transition to Questica, to go out and have the departments evaluate the data. It wasn't about is this the right measure for Code enforcement. Sometimes a consultant will help you say what are really the best practice measures, what would you recommend. Really it's about transitioning everything to Questica, bringing the measures down to what's meaningful for us. That might not need a consultant. Council Member Kniss: We've got a Motion. Vice Mayor Scharff: I seconded it. Attachment B Council Member Kniss: I think you all can work with that. Am I right? I'm thinking how many people we're talking have been gone. We're talking about Walter's gone. Pretty soon we're going to be talking about you're gone, Suzanne. Ms. Mason: I know; it's a crazy opportunity. Chair DuBois: Can you repeat that Motion? Council Member Kniss: My Motion is based on Harriet's options for discussion. Take Number 2; I won't attempt to condense it other than to say that you do the updated version and you move at some pace, not to be determined by us tonight but at some pace, to the soft transition to the City Manager's Office to the OMB. Chair DuBois: Can we add they will come back to us at some point with a ... Council Member Kniss: Whenever. Chair DuBois: ... plan for how they're going to do that? Council Member Kniss: What's a reasonable amount of time for you to come back with that again? Do you need six months? Ms. Mason: I think definitely six months. I also think in conjunction with planning ... Council Member Kniss: More than six months? Ms. Mason: Actually six months would be good. In conjunction with next year's budget process, as we plan the budget, there may be a step ... Vice Mayor Scharff: You've got to (crosstalk). Ms. Richardson: I'd also like to know if David thinks that's reasonable, because he knows the (inaudible) of OMB right now. David Ramberg, Assistant Director of Administrative Services: David Ramberg, Assistant Director of Administrative Services. I did talk with Lalo ahead of time. At a high level, Administrative Services Department (ASD) is very much on board with whatever plan you guys decide on doing. The soft plan idea is fine. The main concern has already been articulated. You guys know well OMB is very thin on Staff right now. Our primary objective is bringing in the new Staff, getting them trained up and then really focusing on what Finance Committee and Council needs us to focus on, which is getting the budget fixed in 2018. That'll be kind of the primary focus over the next Attachment B budget months. Six months, going into next year, the six month idea of coming back with a plan probably sounds about right. We can probably do something. That would be right around yearend, so it might be a busy time with Finance Committee and other things like that. We might need a little room on that. Chair DuBois: Whatever. I'd just like to hear what the plan is. Council Member Kniss: What do you think, David? Come back within 6-9 months? Mr. Ramberg: Yeah, 6-9 months would be a little bit more flexible and probably be more workable. January, we'll have a little bit more breathing room, and we can probably just ... Council Member Kniss: Let's incorporate that into the motion then. Mr. Ramberg: Thank you. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion, “within a reasonable amount of time, move to a soft transition to the City Manager’s Office and the Office of Management and Budget” with “and to return to the Policy and Services Committee in 6-9 months with a plan outlining the soft transition to the City Manager’s Office and the Office of Management and Budget.” MOTION AS AMENDED RESTATED: Council Member Kniss moved, seconded by Vice Mayor Scharff to direct the City Auditor to implement the Staff recommendation to produce an updated version of the Annual Performance Report and to return to the Policy and Services Committee in 6- 9 months with a plan outlining the soft transition to the City Manager’s Office and the Office of Management and Budget. Chair DuBois: This doesn't need to be in the Motion. I've heard said a couple of times and I just want to be clear that this isn't just an exercise in deleting unneeded metrics. It's really figure out what are the right metrics. You may be adding metrics, right? Ms. Richardson: That would be something we'd spell out in the plan, what ... Vice Mayor Scharff: Part of the transition—what I heard, which seems important to me, is that the Auditor's Office becomes an auditor here and not the collector of information. You go validate the data. Right now your Office has the imprimatur as if you've validated this data. You're producing the Attachment B report, and you haven't. I much prefer the City Manager produces it, you audit. (crosstalk). Ms. Richardson: I knew there was some perception that we had more of a role than what we've had. Chair DuBois: Can you just talk a little bit, how did you go from 2,000 hours to 400 hours. Council Member Kniss: Wait a minute. I think he's a consultant, and maybe he's looking for your tricks. Chair DuBois: I'm a little concerned (crosstalk) one person (crosstalk) auditing (crosstalk). Ms. Richardson: It was really taking a lot of inefficiencies out of the process. If you look at the Report from a couple of years ago and look at this one, we've reduced the pages by quite a bit. We've reduced the number of graphics. If you look at the one prior to 2014, it was very, very heavy in graphics. A former Council Member referred to it as graphics gone wild. There were a lot of pictures in there, and they were actually—it wasn't just put a picture. It was cut out the outline of the fire engine and put it in there. There were a lot of inefficiencies in the process. I've eliminated those. Council Member Kniss: Some of this was just smart editing, right? Ms. Richardson: Yes. Vice Mayor Scharff: It was good management by Harriet. Why don't we say that? Ms. Richardson: Thank you. Chair DuBois: The only concern would be if we now have two groups doing it, that it would take a lot more time again. Ms. Richardson: I think once the process is down and if we can get it automated, then it's just going to be a routine kind of thing. Right now, it's just been a very manual process. People might think that's automated, but we start off with spreadsheets. We move into PowerPoint. That's not efficient either. By eliminating some of that data that we're collecting, that doesn't necessarily need to be in there. One of the things, we do have a lot of financial data in there. Financial data's also available on the Comprehensive Annual Financial Report (CAFR). Do we need to put it in there too? It's really kind of a question of how much should be really in here. I think if we focus it really on just the performance aspects—some of that financial data we need to Attachment B calculate some of the performance aspects. Do we need to put it all in there also? Ms. Mason: I just want to add that in many cities, the performance information is part of the Budget as we're talking about. That actually is your Performance Report. If you want a pretty, glossy Performance Report, that's a different deal. It could become just part of our annual budget reporting process. Chair DuBois: Our budget's not long enough; we should add another section. Should we vote on this Motion? All in favor. Thank you that was a very useful discussion. I think it will be good to get a (inaudible) report. MOTION AS AMENDED PASSED: 3-0 Berman absent Attachment B City of Palo Alto (ID # 7133) City Council Staff Report Report Type: Action Items Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: 411-437 Lytton Ave: Appeal of the Planning and Community Environment Director’s Archit Title: PUBLIC HEARING: 411-437 Lytton Avenue [14PLN-00489]. To Consider an Appeal of the Director of Planning and Community Environment’s Architectural Review Approval of the Construction of a new Three Story Mixed-use, Office and Residential Building (two units) and a 1,417 SF Addition to an Existing Historic Category 2 Residence on two Lots to be Merged. A two level Underground Parking Garage is Proposed to be Constructed Under the new Mixed-use Building Adjacent to the Existing Residential Building; Approval of a Mitigated Negative Declaration and Mitigation and Monitoring Plan From: City Manager Lead Department: Planning and Community Environment Recommendation: That the City Council hold a public hearing and direct staff to prepare a Record of Land Use Action to: 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program; 2. Deny the appeal; and 3. Approve the project based on the findings for Architectural Review and context based zoning and conditions provided in the Director’s determination. The Record of Land Use Action would be placed on the Council’s Consent Agenda for approval at an upcoming meeting. Executive Summary: The City Council will consider an appeal of the Director of Planning and Community Environment’s decision to adopt a Mitigated Negative Declaration and Mitigated Monitoring Program and approve an Architectural Review application for a new mixed use commercial building and addition to historic residential building at the subject site based on a recommendation from the City’s Architectural Review Board. City of Palo Alto Page 2 This report provides salient background and supporting information, but focuses primarily on the appeal statements and findings required to make a decision on the project. The June 20, 2016 Council report (ID #6987) includes previous staff reports, minutes, environmental documents and public correspondence, and is available online: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=52771. The appellant asserts that the proposed project is incompatible in size and style with neighborhood and nearby structures; creates safety, traffic and loading parking space problems; and results in a loss of privacy from the use of a second story terrace and fenestration placement (Attachment B). The project architect provided a response letter addressing points raised by the appellant (Attachment C). Staff’s review of the project finds it in conformance with applicable municipal regulations, the City’s Comprehensive Plan, Zoning regulations and the Downtown Design Guidelines. Notwithstanding staff’s conclusions, the project is subject to discretionary review and the City Council may form their own opinion regarding findings related to the project’s compatibility to the immediate environment, neighborhood character and providing safe and convenient access to the property. Background: The project applicant, Hayes Group Architects on behalf of Ehikian & Company, filed an application on December 9, 2014, which was the subject of two hearings at the Architectural Review Board (ARB) and staff analysis. A mitigated negative declaration was prepared and circulated for public review pursuant to CEQA, and the ARB’s March 17, 2016 recommendation to approve the project was not acted upon until after March 31, 2016 in compliance with the City’s interim annual limit on the amount of new office/R&D space that can be approved in a given fiscal year. On May 26, 2016, the approval was appealed by Vincent Leong, and on June 20, 2016, the City Council voted to remove the item from the consent agenda and schedule a public hearing for the appeal. The project is a mixed use building at the northwest corner of Lytton Avenue and Kipling Street. Some project details are summarized on the following chart: City of Palo Alto Page 3 Existing Proposed1 Permitted or Required Lot size 411 Lytton 2,843 SF 437 Lytton 12,188 SF Total 15,031 SF 15,031 SF Floor Area 411 Lytton 925 SF 2,342 SF 437 Lytton 7,426 SF Office 7,426 SF 13,522 SF Residential 925 SF 6,316 SF Total 8,351 SF 22,180 SF 30,064 SF max Floor Area Ratio Total (0.56:1) Total (1.48:1) (2.0:1 for Mixed-use) Residential (0.06:1) Residential (0.58:1) (1.0:1 for Residential) Office (0.49:1) Office (0.90:1) (1.0:1 for Office) Height/Stories 411 Lytton (17’) 1 story 429 University (22’)/2 stories 411 Lytton: 17’/1 story 437 Lytton: 40’/3 Stories 40’ 2 Parking 26 (onsite) 1 Residential 25 Office 65 (onsite) 5.5 Residential 54 Office 60 3 1 Assumes combined lots for comparison with proposed project and total square footage after additions and demolition 2 Utility or mechanical features may exceed the height limit established in any district by no more than fifteen feet under the restrictions set forth in PAMC 18.40.090. 3 Based on the mix of land uses and floor area 60 spaces are required. The applicant’s proposal includes: 1) demolition of the existing two story office building; 2) construction of a 40-foot tall, three-story, mixed use building; 3) 1,417 sf addition to the historic residence; and 4) removal of the existing unpermitted carport. The proposal would also include combining the two existing lots into one 15,031 sf parcel. The building is contemporarily designed; project plans are available online: http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=2668&TargetID=319. The Architectural Review Board’s (ARB) recommendations, Director’s determination, and now the City Council’s action on this project must be based on required findings found in Attachment A. The Director’s findings are available in Attachment D. City of Palo Alto Page 4 Discussion: On May 12, 2016, Vincent Leung (and 14 co-signers) filed an appeal citing concerns about the project’s compatibility with the neighborhood, privacy concerns from the proposed terrace and fenestration placement; safety, traffic and loading parking requirements. The appellants concerns are summarized below with staff responses. Aesthetic Quality The appellant expresses concern with the project’s building size, style and massing, and finds it out of context with Kipling Street and Lytton Avenue. The appellant mentions that the 40-foot, three-story building is out of character with the one to two-story homes in the area. The vicinity comprises a mix of commercial and residential zoning districts. The boundary between the commercial and residential districts is the property line of the subject property. The properties along Lytton Avenue include higher intensity zoning, which allow for larger buildings. Other larger buildings along Lytton Avenue include 530 Lytton (1.96:1 FAR), 401 Lytton (1.27:1 FAR), 379 Lytton (1.67:1 FAR) and 390 Lytton (2.09:1 FAR). The project is required to comply with the required architectural review findings, context-based design criteria and the Downton Design Guidelines. The ARB evaluated the project and provided recommendations based on the required findings and the context-based design criteria set forth in the municipal code. Architectural Review Findings (PAMC 18.76.020(d)) As detailed more fully in the Director’s determination letter (Attachment D), the ARB evaluated the project’s compatibility with nearby buildings and appropriateness of scale to the street and built environment. The Board members evaluated this project in the context of permitted development densities established in the municipal code and based on its location in the downtown. The project is located within a Pedestrian Overlay area and the Board recommended that the design of the building incorporate elements to accommodate future retail tenants in the event that type of use locates in the building. The Board members and Director concluded that the design is appropriately scaled for a mixed use project with office (potential ground-floor retail) and housing units, which is encouraged in the project’s zoning district. The project incorporates architectural features with façade treatment, step-backs and modulation that provide a transition to adjacent buildings. The building is designed to have active storefronts, with features like recessed entrances and canopies that contribute to the pedestrian character of the Downtown District and would work well if retail uses were to locate. The current project plans indicate the tenant space on the first floor to be occupied by office users. City of Palo Alto Page 5 Context-Based Design Criteria (PAMC 18.18.110) The Context-Based Design Criteria require developments in a commercial district to be responsible to its context and compatible with adjacent developments, and to promote the establishment of pedestrian oriented design. The Context-Based Design Criteria is established with the intent to indicate relationships between the site’s development and adjacent street types, surrounding land uses and nearby natural features. The word ‘context’ is not construed as a desire to replicate a specific architectural style from existing surroundings, but rather to provide appropriate transitions to those surroundings. It can be achieved when apparent scale and mass is consistent with the pattern of achieving a pedestrian oriented design and when new construction shares general characteristics and established design linkages with the overall pattern of buildings so the visual unit of the street is maintained. The appellant asserts that the project does not provide the necessary transition between higher density development and lower density development. The appellant cites various Comprehensive Plan policies that address transitions and compatibility. While it is always possible to argue that one or more specific policies of the Comprehensive Plan have not been adequately addressed, the City’s obligation is to determine whether – on balance – the project is consistent with the Comprehensive Plan as a whole. The City’s zoning implements the various policies of the Comprehensive Plan. The abutting properties are zoned medium density residential. The project meets the requirements of the applicable “daylight plane” development standard, which is a deliberate zoning tool used to provide appropriate transitions between commercial and residentially zoned sites. The project is also consistent with the Performance Standards of PAMC 18.23. These performance criteria are intended to provide additional standards to be used in the design and evaluation of developments in the multi-family, commercial, and industrial zones. The purpose is to balance the needs of the uses within these zones with the need to minimize impacts to surrounding neighborhoods and businesses. The criteria are intended to make new developments and major architectural review projects compatible with nearby residential and business areas, and to enhance the desirability of the proposed developments for the site residents and users, and for abutting neighbors and businesses. The ARB acknowledged the project has greater scale and height than other buildings adjacent to the project site. Though the scale of the building is appropriate to accommodate a mixed- use program that is permitted in the CD-C zone district. The ARB evaluated the project and added conditions of approval, such as providing a break of the horizontal element on the building, and providing a mix of trees and shrubs along the northern property line adjacent to the garage ramp. In its recommendation, the ARB found that the project would provide appropriate transition to its surroundings with pedestrian oriented street façades and proper massing setbacks. City of Palo Alto Page 6 Downtown Urban Design Guide The Downtown Urban Design Guide (Guide) provides direction to the applicant, staff and ARB regarding development and design in the downtown area. This advisory Guide divides the downtown area into districts, each having a unique identity and design characteristics. The project site is located within the Lytton Avenue District. The Guide reinforces Lytton Avenue as an enlivened mixed commercial and residential district. The Guide states to ensure that development respects the transition into the adjacent neighborhood, and protect this residential area from incompatible encroachments of commercial buildings. The increased street width as compared with University Avenue allows for larger scale of individual buildings and lessens the dependence on 25-50 foot storefronts. Buildings in this district are a mixture of architectural styles with a predominate height of two stories with recent office construction of three stories. It is further recognized in the Guide that the northern edge of Lytton Avenue contains a strong edge of commercial no deeper than one lot and that this development pattern should be maintained to not allow further commercial intrusion into the adjacent neighborhoods. The building rhythm also includes structures broken into segments providing pockets of open space and courtyards. The ARB found that the proposed building is consistent with the Guide’s recommendations for the district. It was acknowledged by the Board that the interesting side of the building is the rear with its variation and materials. The Board in recognizing the transition with the adjacent neighborhood added conditions of approval that would better reinforce this transition. The project is compatible in the Downtown urban context with buildings varying in heights ranging from two to four stories. The proposed building incorporates upper level setbacks to provide a transition in scale to adjacent buildings and provides a courtyard along Lytton Avenue between the new building and the historic house. Historic Character The appellant raises concerns about the project’s potential impacts to the adjacent historic building at 411 Lytton. Given the property includes a Category 2 building, the proposed project was reviewed by the HRB at its March 10th hearing. The HRB discussed in detail the adjacency of the historic structure and the proposed mixed-use building; and whether merging the property would affect the historic status of the building. The HRB voted 4-2 (members Bower and Kohler voting no) to recommend to the ARB that the proposed project is consistent with the Secretary of Interior Standards, subject to the third floor being redesigned to reduce the perceived massing, which they viewed as creating an adverse effect on the historic structure at 411 Lytton. The project as reviewed by the ARB and approved by the Director included the revision to the third floor as recommended by the HRB. City of Palo Alto Page 7 Second Floor Terrace and Second Floor Windows Impacts on Privacy The appellant raises concerns about the infringement of residential privacy from the project since the project is adjacent to residential uses, and includes a second floor terrace and a ground level garden. In addition, the appellant raises concerns about the placement of second floor windows within the line of sight of the neighboring property. As proposed, this second floor terrace is 650 square feet and is accessed from office spaces. This terrace is 12’-8” from the finished grade and includes guardrails as well as a planter with 10’-0” lineal depth on the western portion of the terrace and a planter with 7’-0” lineal depth along the northeastern portion of the terrace. The rear terrace is separated from the side yard of 340 Kipling (the adjacent property to the north) by 25’-0” (see Sheet A2.4 of project plans). This setback area will include plantings with 12’ to 16’ tall evergreen Silver Sheen Kohuhu variety (at the boundaries) and what would eventually become a 30’ to 45’ tall evergreen Brisbane Box tree (initially 24” box size). The ARB recognized the potential impacts of the project on the adjacent properties. In their recommendation they wanted to see in a mix of trees and shrubs where the project abuts the Kipling properties; additional conditions regarding the use of the terrace; and to include automatic shades for those second-floor offices that face the Kipling properties. The intent of these conditions was to further make the project meet the required findings. These recommendations have been included in the project’s conditions of approval. One clarifying point is on Condition of Approval 10. The condition was intended to state: 10. Terrace Hours: The hours of the office terrace shall be limited between 9:00am and 6:00pm on weekdays and occupancy on the weekends is prohibited. Amplified sound is prohibited on the terrace. However, a clerical error sent a previous version of the condition to the applicant along with the approval letter for the project, which stated the hours of the terrace on the weekdays between 8am and 6pm and allowed use of the terrace on the weekend. The applicant was made aware of this inconsistency and agreed to no use of the terrace on the weekends. This will be corrected in the final RULA following the Council’s action. Parking and Traffic Impacts Driveway location The appellant raises concerns about the location of the garage entrance to the project’s 65 underground parking spaces. The appellant notes that the entrance is located close to the Kipling/Lytton intersection and would lead to pedestrian safety issues and traffic delays. In response, the project applicant submitted a traffic memo (Attachment E) that supplements the August 10, 2015 traffic study submitted by the applicant. City of Palo Alto Page 8 The study concluded with the implementation of the project, there would be no level of service delay associated with Kipling/Lytton and Kipling/Everett during the peak hours daily and no study intersection would be impacted greater than a second. The project driveway is located approximately 75 feet from the Kipling Street/Lytton Avenue intersection. A queue of greater than three vehicles from the intersection would block the project driveway, preventing vehicles from entering and exiting the site and potentially generating on-site queues. Using standard analysis, the counted southbound volume at this intersection was found to be less than 15 vehicles per hour. The resulting 95th percentile queue for is only equal to one vehicle. With the addition of project trips, these queues are not expected to measurably increase. The 95th percentile queue is not expected to block the project driveway during any of the evaluated peak hours. The consultant also observed the intersection for any queuing issues not accounted for in the queuing calculation. Observations revealed that the queuing calculations fairly represent operations as only one vehicle experienced a delay of greater than 10 seconds during each peak hour. This intersection is located between two signalized intersections along Lytton Avenue, which create gaps for left-turning vehicles. Pedestrian Safety The study also evaluates bicycle and pedestrian impacts associated with the project. Lytton Avenue is one of the few roadways with bike lanes in the project vicinity. The abandonment of the existing driveway along Lytton Avenue creates a safer bicycle route along the roadway. The Hexagon study provides pedestrian counts during the week and on Saturday. Lytton Avenue had more pedestrian activity during the morning and afternoon peak commute times, while Kipling had more pedestrian activity on Saturday. The project is expected to generate little traffic on the weekend so the location of the driveway at Kipling would provide fewer conflicts with pedestrians. Loading Space The appellant cites that the project does not meet the City’s parking requirements. The project is considered a mixed-use project because it includes multiple uses on the same property (office, two units on the upper floor and one detached unit). No off-street loading parking is required for residential uses, however, general office space between 10,000 and 99,999 square feet requires one space. Table 1 in PAMC 18.52.040 indicates how many off street loading spaces is required. This project, like the recently approved project at 2515 El Camino Real is considered under “Other Uses” for mixed-uses, since there is no direct requirement for mixed-use projects and loading spaces. These determinations have in the past been based on case by case conditions, practicality of providing loading space on-site and likelihood of being used as City of Palo Alto Page 9 designed, given that many delivery drivers sometimes forgo on-site loading for more convenient, and possibly illegal, temporary loading. The location of the proposed loading space would replace the curb cut access to the existing on-site parking lot along Lytton Avenue. While currently there is no parking allowed along the project’s Lytton frontage, with the development of the project, there would be a publicly available time-limited loading space. Policy Implications: The City’s Comprehensive Plan encourages owners to upgrade or replace existing commercial properties so that commercial areas are more competitive and better serve the community. In addition, the Comprehensive Plan established the Downtown area as being suitable for mixed use. The proposed project would support maintaining and enhancing the Downtown area as the central business district of the City, with a mix of commercial and residential uses, promote quality design that recognizes the regional importance of the area and reinforces its pedestrian character. While it is always possible to argue that one or more specific policies of the Comprehensive Plan have not been adequately addressed, the City’s obligation is to determine whether – on balance – the project is consistent with the Comprehensive Plan as a whole. In this instance, staff has determined that the project conforms to existing zoning regulations adopted to implement the Comprehensive Plan and proposes a project that is in keeping with the Comprehensive Plan’s vision for perpetuating Downtown as the City’s central business district with an inviting pedestrian environment. In this appeal the Council is entitled to reassess the evidence in the record to ensure that determination is correct. The City Council’s consideration of this appeal of the Director of Planning and Community Environment’s decision will largely be focused on a review of the Architectural Review and context-based findings, and whether the Council agrees that these findings can be made with regard to the proposed project. Below are the actions available to the City Council: Direct staff to prepare a Record of Land Use Action for adoption on the Consent agenda at an upcoming meeting to: 1. Deny the appeal and approve the project based on the Director’s findings and conditions; 2. Uphold the appeal and approve the project with modifications or new conditions needed to make the required findings; 3. Continue the appeal and request additional studies and/or redesign; or 4. Uphold the appeal and deny the project based on its failure to meet the required findings, effectively requiring the applicant to redesign and resubmit a modified project. City of Palo Alto Page 10 Environmental Review: The proposed project is subject to environmental review under provisions of the California Environment Quality Act (CEQA). Pursuant to the requirements of the CEQA, a Draft Initial Study and Mitigated Negative Declaration was prepared and circulated. With a required 20- day public review, the comment period for this project was from February 24, 2016 to March 14, 2016. The Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring Program is Attachment F in the June 20, 2016 Council Report at this link http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=52771. Attachments: Attachment A: Architectural Review Findings and Context Based Criteria (PDF) Attachment B: Appeal letter (PDF) Attachment C: Applicant Response Letter (PDF) Attachment D: Director's Decision Letter 4-28-2016 (PDF) Attachment E: Traffic Response Memo 06-13-2016 (PDF) Attachment F: Project Plans (DOCX) Architectural Review Findings and Context-Based Criteria Palo Alto Municipal Code 18.76.020 (d) Architectural Review Findings Neither the director, nor the city council on appeal, shall grant architectural review approval, unless it is found that: (1)The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan; (2)The design is compatible with the immediate environment of the site; (3)The design is appropriate to the function of the project; (4)In areas considered by the board as having a unified design character or historical character, the design is compatible with such character; (5)The design promotes harmonious transitions in scale and character in areas between different designated land uses; (6)The design is compatible with approved improvements both on and off the site; (7)The planning and siting of the various functions and buildings on the site create an internal sense of order and provide a desirable environment for occupants, visitors and the general community; (8)The amount and arrangement of open space are appropriate to the design and the function of the structures; (9)Sufficient ancillary functions are provided to support the main functions of the project and the same are compatible with the project's design concept; (10)Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles; (11)Natural features are appropriately preserved and integrated with the project; (12)The materials, textures, colors and details of construction and plant material are appropriate expression to the design and function and whether the same are compatible with the adjacent and neighboring structures, landscape elements and functions; (13)The landscape design concept for the site, as shown by the relationship of plant masses, open space, scale, plant forms and foliage textures and colors create a desirable and functional environment and whether the landscape concept depicts an appropriate unity with the various buildings on the site; (14)Plant material is suitable and adaptable to the site, capable of being properly maintained on the site, and is of a variety which would tend to be drought-resistant and to reduce consumption of water in its installation and maintenance; (15)The project exhibits green building and sustainable design that is energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be utilized in determining sustainable site and building design: (A) Optimize building orientation for heat gain, shading, daylighting, and natural ventilation; (B) Design of landscaping to create comfortable micro-climates and reduce heat island effects: (C) Design for easy pedestrian, bicycle and transit access; (D) Maximize on site stormwater management through landscaping and permeable paving; (E) Use sustainable building materials; (F) Design lighting, plumbing and equipment for efficient energy and water use; (G) Create healthy indoor environments; and (H) Use creativity and innovation to build more sustainable environments. (16) The design is consistent and compatible with the purpose of architectural review as set forth in subsection (a). Palo Alto Municipal Code 18.18.110 Context-based Design Criteria (a) Contextual and Compatibility Criteria Development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design. (1) Context (A) Context as used in this section is intended to indicate relationships between the site's development to adjacent street types, surrounding land uses, and on-site or nearby natural features, such as creeks or trees. Effective transitions to these adjacent uses and features are strongly reinforced by Comprehensive Plan policies. (B) The word "context" should not be construed as a desire to replicate existing surroundings, but rather to provide appropriate transitions to those surroundings. "Context" is also not specific to architectural style or design, though in some instances relationships may be reinforced by an architectural response. (2) Compatibility (A) Compatibility is achieved when the apparent scale and mass of new buildings is consistent with the pattern of achieving a pedestrian oriented design, and when new construction shares general characteristics and establishes design linkages with the overall pattern of buildings so that the visual unity of the street is maintained. (B) Compatibility goals may be accomplished through various means, including but not limited to: (i) the siting, scale, massing, and materials; (ii) the rhythmic pattern of the street established by the general width of the buildings and the spacing between them; (iii) the pattern of roof lines and projections; (iv) the sizes, proportions, and orientations of windows, bays and doorways; (v) the location and treatment of entryways; (vi) the shadow patterns from massing and decorative features; (vii) the siting and treatment of parking; and (viii) the treatment of landscaping. (b) Context-Based Design Considerations and Findings In addition to the findings for Architectural Review contained in Section 18.76.020(d) of the Zoning Ordinance, the following additional findings are applicable in the CD district and subdistricts: (1) Pedestrian and Bicycle Environment The design of new projects shall promote pedestrian walkability, a bicycle friendly environment, and connectivity through design elements such as: A. Ground floor uses that are appealing to pedestrians through well-designed visibility and access; B. On primary pedestrian routes, climate and weather protection where possible, such as covered waiting areas, building projections and colonnades, and awnings; C. Streetscape or pedestrian amenities that contribute to the area's streetscape environment such as street trees, bulbouts, benches, landscape elements, and public art; D. Bicycle amenities that contribute to the area's bicycle environment and safety needs, such as bike racks, storage or parking, or dedicated bike lanes or paths; and E. Vehicle access from alleys or sidestreets where they exist, with pedestrian access from the public street. (2) Street Building Facades Street facades shall be designed to provide a strong relationship with the sidewalk and the street(s), to create an environment that supports and encourages pedestrian activity through design elements such as: A. Placement and orientation of doorways, windows, and landscape elements to create strong, direct relationships with the street; B. Facades that include projecting eaves and overhangs, porches, and other architectural elements that provide human scale and help break up building mass; C. Entries that are clearly defined features of front facades, and that have a scale that is in proportion to the size and type of the building and number of units being accessed; larger buildings should have a more prominent building entrance, while maintaining a pedestrian scale; D. Residential units and storefronts that have a presence on the street and are not walled- off or oriented exclusively inward; E. Elements that signal habitation such as entrances, stairs, porches, bays and balconies that are visible to people on the street; F. All exposed sides of a building designed with the same level of care and integrity; G. Reinforcing the definition and importance of the street with building mass; and H. Upper floors set back to fit in with the context of the neighborhood. (3) Massing and Setbacks Buildings shall be designed to minimize massing and conform to proper setbacks through elements such as: A. Rooflines that emphasize and accentuate significant elements of the building such as entries, bays, and balconies; B. Design with articulation, setbacks, and materials that minimize massing, break down the scale of buildings, and provide visual interest; C. Corner buildings that incorporate special features to reinforce important intersections and create buildings of unique architectural merit and varied styles; D. Building facades articulated with a building base, body and roof or parapet edge; E. Buildings set back from the property line to create an effective 12' sidewalk on El Camino Real, 8' elsewhere; F. A majority of the building frontage located at the setback line; and G. No side setback for midblock properties, allowing for a continuous street facade, except when abutting low density residential. (4) Low-Density Residential Transitions Where new projects are built abutting existing lower-scale residential development, care shall be taken to respect the scale and privacy of neighboring properties through: A. Transitions of development intensity from higher density development building types to building types that are compatible with the lower intensity surrounding uses; B. Massing and orientation of buildings that respect and mirror the massing of neighboring structures by stepping back upper stories to transition to smaller scale buildings, including setbacks and daylight planes that match abutting R-1 and R-2 zone requirements; C. Respecting privacy of neighboring structures, with windows and upper floor balconies positioned so they minimize views into neighboring properties; D. Minimizing sight lines into and from neighboring properties; E. Limiting sun and shade impacts on abutting properties; and F. Providing pedestrian paseos and mews to create separation between uses. (5) Project Open Space Private and public open space shall be provided so that it is usable for the residents, visitors, and/or employees of a site. A. The type and design of the usable private open space shall be appropriate to the character of the building(s), and shall consider dimensions, solar access, wind protection, views, and privacy; B. Open space should be sited and designed to accommodate different activities, groups, active and passive uses, and should be located convenient to the users (e.g., residents, employees, or public) C. Common open spaces should connect to the pedestrian pathways and existing natural amenities of the site and its surroundings; D. Usable open space may be any combination of private and common spaces; E. Usable open space does not need to be located on the ground and may be located in porches, decks, balconies and/or podiums (but not on rooftops); F. Open space should be located to activate the street façade and increase "eyes on the street" when possible; G. Both private and common open space areas should be buffered from noise where feasible through landscaping and building placement; H. Open space situated over a structural slab/podium or on a rooftop shall have a combination of landscaping and high quality paving materials, including elements such as planters, mature trees, and use of textured and/or colored paved surfaces; and I. Parking may not be counted as open space. (6) Parking Design Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment, such that: A. Parking is located behind buildings, below grade or, where those options are not feasible, screened by landscaping, low walls, etc.; B. Structured parking is fronted or wrapped with habitable uses when possible; C. Parking that is semi-depressed is screened with architectural elements that enhance the streetscape such as stoops, balcony overhangs, and/or art; D. Landscaping such as trees, shrubs, vines, or groundcover is incorporated into surface parking lots; E. For properties with parking access from the rear of the site (such as a rear alley or driveway) landscaping shall provide a visual buffer between vehicle circulation areas and abutting properties; F. Street parking is utilized for visitor or customer parking and is designed in a manner to enhance traffic calming; G. For properties with parking accessed from the front, minimize the amount of frontage used for parking access, no more than 25% of the site frontage facing a street should be devoted to garage openings, carports, or open/surface parking (on sites with less than 100 feet of frontage, no more than 25 feet); H. Where two parking lots abut and it is possible for a curb cut and driveway to serve several properties, owners are strongly encouraged to enter in to shared access agreements; and I. Parking is accessed from side streets or alleys when possible. (7) Large (Multi-Acre) Sites Large (in excess of one acre) sites shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood, and such that: A. New development of large sites maintains and enhances connectivity with a hierarchy of public streets, private streets, walks and bike paths (integrated with Palo Alto's Bicycle Master Plan, when applicable); B. The diversity of building types increases with increased lot size (e.g., <1 acre = minimum 1 building type; 1-2 acres = minimum 2 housing types; greater than 2 acres = minimum 3 housing types); and C. Where a site includes more than one housing type, each building type should respond to its immediate context in terms of scale, massing, and design (e.g., Village Residential building types facing or abutting existing single-family residences). (8) Sustainability and Green Building Design Project design and materials to achieve sustainability and green building design should be incorporated into the project. Green building design considers the environment during design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be included in site and building design: A. Optimize building orientation for heat gain, shading, daylighting, and natural ventilation. B. Design landscaping to create comfortable micro-climates and reduce heat island effects. C. Design for easy pedestrian, bicycle, and transit access. D. Maximize onsite stormwater management through landscaping and permeable pavement. E. Use sustainable building materials. F. Design lighting, plumbing, and equipment for efficient energy and water use. G. Create healthy indoor environments. H. Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements. I. Provide protection for creeks and riparian vegetation and integrate stormwater management measures and open space to minimize water quality and erosion impacts to the creek environment. J. Encourage installation of photovoltaic panels. July 12, 2016 Mayor Pat Burt City Council Members City of Palo Alto 250 Hamilton Avenue, 7th floor Palo Alto, CA 94301 Re: Appeal of 411-437 Lytton Avenue Dear Mayor Burt and Fellow Council Members, As the project applicant, representing my client Mr. Brad Ehikian, I wanted to address the concerns the project appellants outlined in their appeal letter and to provide background information on the project. Background Information A Preliminary ARB hearing was conducted on June 19, 2014 where alternative architectural solutions for the project were introduced at a concept level to the board and to the community. At this incipient stage, before the many design professionals needed for the project are retained by the owner, modifications can be easily made to address concerns of the board and neighbors. At this first public hearing, one neighbor, Geetha Srikantan, who resides at 385 Waverley Street, expressed some concerns and questions she had with the project. Following the hearing, the owner and I reached out to Ms. Srikantan and worked together with her during the ensuing months to arrive at solutions that resulted in her support of our solution. Her concerns, not unlike the appellant’s, focused on privacy, noise and height. The only other neighbors that expressed concern over the project were the residents of 340 Kipling, Tim and Jenny Williamson. The Williamsons submitted an email to the city on June 17, 2014, two days prior to the preliminary ARB hearing. The email was forwarded to us after the hearing. When we reached out to Ms. Srikantan, we also reached out to the Williamsons but did not hear back from them. Subsequently, we learned that they had moved. The Williamson’s concerns, outlined in their email, centered on privacy and building height. 340 Kipling, the former home of the Williamsons is the present home of Mr. Vincent Leung, project appellant, and is two doors away from the project site. The 340 Kipling parcel is “L” shaped. Along the street frontage there is a home separating 340 Kipling from the project site; at the rear, the 340 Kipling site shares a side property line with the rear property line of the project site. Following the preliminary ARB hearing and our outreach to the neighbors that expressed concerns, we modified and developed the design, resolved Ms. Srikantan’s issues, and submitted the design documents for formal ARB and planning review on December 9, 2014. On February 18, 2016, after fourteen (14) months of internal city review as well as review by the city’s contracted outside planning consultants, M Group, we had out first formal ARB hearing. It was at this hearing that we first met Mr. Leung. At this hearing, Mr. Leung expressed his concerns about visual and acoustic privacy to the board. On March 17, 2016 the board made recommendation to the director for project approval and included conditions to address Mr. Leung’s concerns over visual and acoustical privacy. Following the hearing, on March 23, 2016, I reached out to Mr. Leung to better understand how we could address his concerns. During this call, he expressed concerns about visual and acoustic privacy and also safety and traffic. On April 26, 2016, the owner and I met with Mr. Leung to walk the site to indicate where the new building and vehicular ramp would be located and to convey that we would provide traffic calming measures suggested by Mr. Leung at the ramp entrance. At this meeting Mr. Leung suggested entering the underground garage from Lytton Avenue. We said this was very problematic. Shortly thereafter the appeal was filed. Appeal Concerns In Mr. Leung’s appeal letter the following concerns are raised: 1. Garage Entrance on Kipling 2. Second Floor Terrace and Windows 3. Compatibility 4. Lack of on-site Loading Space I will address these aspects of the project to demonstrate compliance with city policies/precedents and with the neighborhood context of the project. Garage Entrance on Kipling The project site is in the CD-C(P) zoning district. The (P) indicates a Pedestrian overlay district that requires additional project features that promote pedestrian friendly environments. Driveway cuts are discouraged. Building features like recesses, display windows and awnings are encourage as is the future prospect of retailors occupying the ground floor spaces. Lytton Avenue is considered the main bicycle and vehicular route with Class II bike lanes, the main frontage for potential retail uses and is the main pedestrian route as established by pedestrian counts carried out by Hexagon Transportation Consultants at the project site on Wednesday, June 1, 2016, Thursday June 2, 2016 and Saturday June 4, 2016. Driveways into city parking lots and underground private developments along Lytton are commonly from the side street. This precedent is followed with 437 Lytton’s garage entrance on Kipling, reinforcing the pedestrian orientation of Lytton Avenue. Other positive aspects about the driveway entrance being on Kipling are: 1. The driveway separates the residential property from the commercial building increasing the buffer zone. 2. More traffic on Lytton will conflict with ingress and egress from a Lytton garage entrance, especially when it would be so close to the Kipling intersection. 3. A Kipling garage entrance allows for a larger plaza and landscape feature/buffer between the new building and the historic 411 Lytton house. 4. A Lytton garage entrance will not work due to site dimension constraints for ramp length and garage depth. 5. Context Based Design Criteria PAMC 18.18.110 (b)(1)E promotes “vehicle access from alleys or side streets” and 18.18.110(b)(6)I states “parking is accessed from side streets or alleys when possible”. Second Floor Terrace and Windows The rear terrace is separated from the side yard of 340 Kipling by a twenty-five (25’) foot landscaped garden. The underground garage is not below this garden so that trees, hedges and other plants will thrive in native soil. Along the new, six foot (6’) fence line tall, evergreen hedges and bamboo are planted to provide a visual buffer to the neighbor’s yard. Additionally, a ten foot (10’) landscaped roof is provided on two sides of the second floor terrace offering additional privacy. The same the tall hedges continue along the ramp to the Kipling frontage providing a visual buffer to the home next door. Additionally, a secondary wire-grid fence and trellis covered with vines provides more landscape screening. No landscaping exists today. No buffer exists today. The proposed project will provide more landscaped visual buffer than the existing condition. The ARB conditioned the use of the terrace to the hours of 8AM-6PM M-F and 9AM-5PM on weekends. However, after discussing this with staff who had reviewed this with the neighbor, we would be willing to prohibit the outdoor use of the terrace on weekends as well to provide more privacy for the neeieghbors. Complying with these conditions will be a requirement of the tenant’s lease. The project’s rear, second floor windows were also conditioned by the ARB to have automatic shade controls. We suggested to Mr. Leung that window film could also be provided on a portion of these windows to further provide visual buffer to Mr. Leung’s second floor, dormer window fifty-five (55’) feet away. Compatibility The project is on the edge of the downtown commercial zone to the south and the RMD residential neighborhood to the north. Site development requirements are stricter in these transition areas of the CD-C district than the more central area reducing the height to forty feet (40’) from fifty feet (50’), requiring a daylight plane at the RMD boundary where none is otherwise required and requiring a ten foot landscape buffer where none is otherwise required. The building mass and scale is in compliance with these more severe site development requirements. According to the Context Based Design Criteria in the PAMC, “compatibility is achieved when the apparent scale and mass of new buildings is consistent with the pattern of achieving a pedestrian oriented design, and when new construction shares general characteristics and design linkages with the overall pattern of buildings so that the visual unity of the street is maintained.” The pattern of development around the site consists of one to three-story commercial and residential buildings. The building setbacks along Lytton are close to zero feet while those along Kipling are greater. The proposed height of the project is two to three stories: two commercial floors stepping back to the third floor residential use. Setbacks along Lytton are zero feet (0’) to twenty-six feet (26’) and along Kipling the building aligns with the neighboring duplex’s setback as the setback decreases towards the corner of Lytton. Compatibility is achieved by respecting the pattern of setbacks of the adjacent buildings. Landscaped recesses in the building façade as well as raised planters relate to similar features in the commercial development along Lytton. Additionally, the building steps down adjacent to the historic residence to match the height of the two-story commercial building on the other side of the historic residence. Drawing references from the residential neighborhood behind, the third-story residential roof forms are sloped shed roofs and a Gambrel type roof creating design linkages to the pattern of building forms in the neighborhood. Other project features like the landscaped entry courtyard with featured artwork as well as deep sidewalk recesses with windows orient the project to the sidewalk and the public realm maintaining the visual unity of the street. Lack of on-site Loading Space Unloading spaces are required, by observation they are not used when inconvenient and difficult to access. Although required by 18.52.040 on-site unloading spaces in the Palo Alto’s downtown are nearly non-existent. In many cases throughout the downtown, unloading spaces are provided in the alley network behind parcels where they are convenient, allow for easy ingress and egress without having to turn a truck around. The alleys are public ROW. In this case, since there are no existing on street parking spaces in front of 437 Lytton and the existing Lytton driveway access is being removed we have provided a convenient way for trucks to maneuver and make deliveries curbside, in the public ROW. There is approximately 168 feet of curb space that will provide for the bus stop and the unloading zone. Providing a 12’ x 45’ unloading space with a turn-around on site would be contrary to the goals of reduced site paving to mitigate heat island effect and of providing a pedestrian friendly environment. Providing this unloading space on site is impossible for these small sites. If you are interested, the owner and I would like to meet with you to clarify project details. I will reach out to you and each council member in the weeks leading up to the hearing. In the meantime, I can be reached at the telephone number below or my email: khayes@thehayesgroup.com. I look forward to presenting the project at the August 15, 2016 hearing. Best regards, Ken Hayes, AIA President Cc: Brad Ehikian Memorandum Date: To: From: Subject: June 13, 2016 Mr. Brad R. Ehikian, Ehikian & Company Mr. Ken Hayes, Hayes Group Architects, Inc. Gary Black Ricky Williams 411 & 437 Lytton Avenue Response to Public Comments This memorandum provides responses to the public comments to the 411 & 437 Lytton Avenue Mixed-Use development in Palo Alto received on May 12, 2016 and signed by Mr. Vincent Leung. The letter requested that Hexagon Transportation Consultants, Inc. provide additional analysis of intersection operations and pedestrian safety due to the increase in vehicle volumes on Kipling Street that would occur due to the proposed project. This memorandum is intended supplement the previous traffic study dated August 10, 2015. The primary concerns from the letter include: 1.The Kipling Street entrance and exit will need to provide capacity for more cars than it currently does. The current parking area off of Kipling Street only has 4 parking spaces, while the proposed project parking area will have 65 spaces. This increase in vehicles using this driveway will reduce pedestrian safety along Kipling Street. 2.Kipling Street is approximately 29 feet wide. When cars are parked on both sides of the street it becomes too narrow for two-way traffic. 3.The close proximity of the project driveway and the intersection of Kipling Street/Lytton Avenue may create operational issues due to southbound intersection queues. 4.The southbound delay at the Kipling Street/Lytton Avenue intersection should be addressed. 5.Operational issues at the driveway and intersection of Kipling Street/Lytton Avenue may divert project trips towards the Kipling Street/Everett Avenue intersection. The project consists of demolishing the existing two-story office building at 437 Lytton Avenue and constructing a three story building with two floors of office space and two residential units. The size of the existing office building is 7,426 square feet. The proposed new office space is 13,522 square feet. The existing house at 411 Lytton Avenue would be remodeled with one bedroom added. Study intersections and Data Collection Hexagon conducted AM, PM, and Saturday peak period traffic counts (including vehicle, pedestrian, and bicycle volumes) in June of 2016 at the following study intersections: 1.Kipling Street & Lytton Avenue 2.Kipling Street & Everett Avenue All new traffic counts can be found in Appendix A of this memorandum. The project site and surrounding roadway network are shown on Figure 1. 411 & 437 Lytton Avenue June 13, 2016 Page | 2 Observed Conditions Hexagon observed existing traffic operations at both study intersections to note any issues that would not be represented in calculations. No operational issues were noted for the intersection of Kipling Street and Everett Avenue. During the AM peak hour, queues from the intersection of Waverly Street/Lytton Avenue occasionally backed up to the intersection of Kipling Street/Lytton Avenue. During the PM peak hour, queues from Cowper Street/Lytton Avenue occasionally backed up to this intersection as well. In both instances, the spillback into the intersection cleared quickly enough that no significant operational issues or excess delays were created. Kipling Avenue is a relatively narrow and low-volume roadway with on-street parking allowed on both sides of the road. When street parking is occupied along both sides, the roadway has approximately 16 feet of clearance for two-way traffic. The narrowed roadway acts as a traffic calming device, preventing vehicles from travelling at high speeds along Kipling Street and from quickly entering or exiting driveways. Project Trip Distribution and Assignment New trips generated by the project were estimated in the previous memorandum prepared by Hexagon dated August 10, 2015. In summary, after trip credits have been applied due to the demolition of the existing buildings, the project is estimated to generate a net total of 10 new trips during the AM peak hour (7 inbound and 3 outbound), and 10 new trips during the PM peak hour (2 inbound and 8 outbound). The project is also estimated to generate 4 new trips during the Saturday peak hour (2 inbound and 2 outbound). The proposed project trips and the existing use trips were assigned to the surrounding roadway network based on the existing travel patterns in the study area and the locations of complementary land uses. The net trips generated by the project are shown on Figure 1. Table 1 Project Trip Generation Daily Daily Pk-Hr Pk-Hr Land Use ITE Code Trip Rates Trips Rate In Out Total Rate In Out Total Rate In Out Total Existing Use Office Space1 710 7,426 s.f.11.03 82 1.56 11 1 12 1.49 2 9 11 0.43 2 1 3 Single-Family Detached 2 210 1 unit 9.52 10 0.75 0 1 1 1.00 1 0 1 0.93 0 1 1 Total Existing 91 11 2 13 3 9 12 2 2 4 Proposed Use Office Space1 710 13,522 s.f.11.03 147 1.56 18 3 21 1.49 3 17 20 0.43 3 3 6 Single-Family Detached 2 210 1 unit 9.52 10 0.75 0 1 1 1.00 1 0 1 0.93 0 1 1 Apartments 3 220 2 unit 6.65 13 0.51 0 1 1 0.62 1 0 1 0.52 1 0 1 Total Proposed 170 18 5 23 5 17 22 4 4 8 Net Project Trips (Proposed - Existing)78 7 3 10 2 8 10 2 2 4 Notes: 1 Rates based on ITE Land Use Code 710 (General Office), average rate. 2 Rates based on ITE Land Use Code 210 (Single-Family Detached Housing), average rate. 3 Rates based on ITE Land Use Code 220 (Apartment), average rate. Source: Institute of Traffic Engineers, Trip Generation Manual, 9th Edition, 2012. Trips Saturday Peak Size AM Peak Hour PM Peak Hour Trips Trips 411 & 437 Lytton Avenue June 13, 2016 Page | 4 Trips at Project Driveway The proposed project would have a 65 space parking garage with access via a driveway along Kipling Street. The project would abandon an existing driveway off of Lytton Avenue. Based on the project trip generation, the project would generate 23 trips during the AM peak hour (18 inbound and 5 outbound), and 22 trips during the PM peak hour (5 inbound and 17 outbound) at this driveway. This is approximately equal to one new trip every three minutes during the peak hour. Given this modest number and the low volume on Kipling Street, there would be no issues with traffic getting in and out of the project driveway. The project is also estimated to generate 8 trips during the Saturday peak hour (4 inbound and 4 outbound). Intersection Operations The two study intersections were evaluated for level of service. Level of service is a qualitative description of operating conditions ranging from LOS A, or free-flow conditions with little or no delay, to LOS F, or jammed conditions with excessive delays. Level of service at unsignalized intersections was based on the 2000 Highway Capacity Manual (2000 HCM) method. This method is applicable for two-way stop-controlled intersections. For two-way stop-controlled intersections, the reported level of service represents the highest average delay from the minor (stop-controlled) street movements and left-turn movements from the major street. The delay and corresponding level of service at unsignalized, stop-controlled intersections are presented in Table 2. Table 2 Unsignalized intersection Level of Service Definitions Based on Delay The LOS calculations show that the existing delays are equal to LOS C or better, which is indicative of relatively short waiting times (see Table 3). 411 & 437 Lytton Avenue June 13, 2016 Page | 5 Table 3 Intersection Level of Service Intersection Period LOS Delay1 Direction LOS Delay1 Direction Incr. in Delay AM B 13.9 NB B 14.8 SB 0.9 PM C 17.7 NB C 18.0 NB 0.3 Wknd C 15.4 SB C 15.4 SB 0.0 AM A 9.4 NB A 9.4 NB 0.0 PM A 9.7 SB A 9.7 NB 0.0 Wknd A 9.6 NB A 9.6 NB 0.0 Notes: Kipling Street & Lytton Avenue Kipling Street & Everett Avenue Existing Plus ProjectExisting 1 Intersection delay for two-way stop intersection represents the highest average delay (in seconds) from the minor (stop-controlled) street movement. Level of Service Analysis Results The results of the level of service analysis shows that the two study intersections operate at a LOS C or better during all time periods. With the addition of the project trips, neither intersection will experience an increase in delay greater than one (1) second, nor will they experience a degradation in LOS rating. Due to the acceptable conditions at the intersection of Kipling Street/Lytton Avenue, no additional project trips are expected to divert towards the intersection of Kipling Street/Everett Avenue, beyond those initially assigned to this direction. Intersection Queuing A queuing analysis for the combined southbound turning movements at Kipling Street and Lytton Avenue was conducted to evaluate whether or not vehicle queuing on Kipling Street would extend beyond the project driveway. The basis of the analysis is as follows: (1) the Poisson probability distribution is used to estimate the 95th percentile maximum number of queued vehicles for a particular movement; (2) the estimated maximum number of vehicles in the queue is translated into a queue length, assuming 25 feet per vehicle; and (3) the estimated maximum queue length is compared to the existing or planned available storage capacity for the movement. The project driveway is located approximately 75 feet from the Kipling Street/Lytton Avenue intersection. A queue of greater than three vehicles from the intersection would block the project driveway, preventing vehicles from entering and exiting the site and potentially generating on-site queues. The counted southbound volume at this intersection was found to be less than 15 vehicles per hour. The resulting 95th percentile queue for is only equal to one vehicle (see Table 4). With the addition of project trips, these queues are not expected to measurably increase. The 95th percentile queue is not expected to block the project driveway during any of the evaluated peak hours. Observed Conditions Hexagon observed this intersection for any queuing issues not accounted for in the queuing calculation. Southbound vehicles and eastbound left-turning vehicles were timed to determine delay from the moment they stopped, to the time they cleared the intersection during both the AM and PM weekday peak hours. Observations revealed that the queuing calculations and 2000 HCM delay 411 & 437 Lytton Avenue June 13, 2016 Page | 6 calculations fairly represent operations as only one vehicle experienced a delay of greater than 10 seconds during each peak hour. This intersection is located between two signalized intersections along Lytton Avenue, which create gaps for left-turning vehicles. Table 4 Queuing Table Measurement AM PM Wknd Existing Cycle/Delay1 (sec)13.8 12.4 15.4 Volume (vphpl )7 12 11 Avg. Queue (veh/ln.)0.0 0.0 0.0 Avg. Queue2 (ft./ln)1 1 1 95th %. Queue (veh/ln.)1 1 1 95th %. Queue (ft./ln)25 25 25 Storage (ft./ ln.)75 75 75 Adequate (Y/N)Y Y Y Existing plus Project Cycle/Delay1 (sec)14.8 14.5 15.4 Volume (vphpl )11 26 15 Avg. Queue (veh/ln.)0 0.1 0.1 Avg. Queue2 (ft./ln)1 3 2 95th %. Queue (veh/ln.)1 1 1 95th %. Queue (ft./ln)25 25 25 Storage (ft./ ln.)75 75 75 Adequate (Y/N)Y Y Y Notes: 2 Assumes 25 feet per vehicle queued. 1 Vehicle queue calculations based on cycle length for signalized intersections, and movement delay for unsignalized intersections. Kipling Street & Lytton Avenue SB - All Movements 411 & 437 Lytton Avenue June 13, 2016 Page | 7 Bicycle and Pedestrian Facilities Evaluation The intersection of Kipling Street and Lytton Avenue has crosswalks on all four legs. Sidewalks exist along all roadway frontages in the project vicinity. Existing bicycle facilities in the project vicinity include Class II bicycle lanes along Lytton Avenue. The project is proposing a single driveway along Kipling Street. Concerns for this driveway were raised due to the pedestrian volumes along Kipling Street and the pedestrian access to Johnson Park provided along Kipling. The comments also suggested the possibility of providing the project driveway along Lytton Avenue. Hexagon conducted AM, PM, and Saturday pedestrian counts at the two study intersections, detailing the directions from which pedestrian were arriving, and to which pedestrians were departing. At the locations of the potential project driveways, the counts (see Table 5) showed that pedestrian volumes along Lytton Avenue were greater during the AM and PM peak hours. Perhaps due to residents walking to the park, pedestrian volumes were greater along Kipling Street during the Saturday peak hour. The pedestrian counts can be found in Appendix A. Hexagon agrees that minimizing the amount of pedestrian/vehicle interface is desirable. This project is primarily an office development, which would generate very little traffic on weekends. Therefore, to minimize pedestrian/vehicle conflicts, it would be best to locate the driveway on Kipling Street, as proposed, because it has lower AM and PM peak hour pedestrian volumes. Table 5 Pedestrian Counts along Project Frontage Sidewalks NB SB Total EB WB Total AM 2 7 9 19 11 30 PM 8 12 20 13 14 27 Saturday 13 19 32 10 7 17 Kipling Street Lytton AvenuePeak Hour Lytton Avenue is one of the few roadways with bike lanes in the project vicinity. The abandonment of the existing site driveway along Lytton Avenue creates a safer bicycle route along the roadway. The project as proposed is not expected to have any negative effects on pedestrian and bicycle circulation. Conclusions The intersections that provide access to the site along Kipling Street are operating at acceptable levels of service, and the project would not create a noticeable change. The proposed project driveway along Kipling Street is approximately 75 feet from the intersection of Kipling Street/Lytton Avenue. A queue of three vehicles in the southbound direction at this intersection could block the project driveway. Based on the existing volumes and the existing plus project volumes, the 95th percentile queue in the southbound direction is not expected to be longer than one vehicle. These calculations were confirmed through field observations in which very few vehicles experienced delays greater than 10 seconds. Pedestrian volumes along Lytton Avenue are greater than pedestrian volumes along Kipling Street during the weekday AM and PM peak hours. It is during these peak hours that the proposed project would generate a high majority of it’s in and out trips. The location of the project driveway off of Kipling Street creates a safer pedestrian environment because it would result in the fewest pedestrian-vehicle conflicts. Appendix A New Traffic Counts, Pedestrian Counts, Bicycles on Roadway Counts KIPLING ST KIPLING STLYTTON AVELYTTON AVE (303) 216-2439www.alltrafficdata.net Location:1 KIPLING ST & LYTTON AVE Noon Saturday, June 04, 2016Date and Start Time: Peak Rolling Hour Flow Rates Peak Hour - All Vehicles Traffic Counts Note: Total study counts contained in parentheses. Peak Hour - Pedestrians/Bicycles in Crosswalk Peak Hour:12:45 PM - 01:45 PM Peak 15-Minutes:12:45 PM - 01:00 PM 11 22 350 344 5443 340 346 0.93 N S EW 0.44 0.90 0.87 0.96 (64)(35) (987) (1,000) (976) (987) (162)(131) 2 08 6 323 20 22 309 7 1 2 1 19 9 260 LYTTON AVE LYTTON AVE KIPLING ST KIPLING ST 24 41 41 32 N S EW 22 19 1922 13 11 24 8 Left Thru Right Total EastboundInterval Start Time RollingHour West East South North Pedestrain Crossings U-Turn Westbound Northbound Southbound Left Thru RightU-Turn Left Thru RightU-Turn Left Thru RightU-Turn 12:00 PM 0 9 1 0 1 002810769 186 12 5 9 87274291 12:15 PM 0 4 4 0 1 100730963 175 14 4 6 473782100 12:30 PM 0 4 3 0 2 003590375 163 4 8 12 37445360 12:45 PM 0 7 2 0 4 000780593 203 16 6 8 77555072 1:00 PM 0 5 4 0 3 102750881 196 4 17 16 87307460 1:15 PM 0 6 1 0 1 023790575 182 8 5 8 17216130 1:30 PM 0 1 2 0 0 002771274 174 4 13 7 773241100 1:45 PM 0 1 0 0 2 002780573 178 4 15 11 57258270 2:00 PM 0 4 2 0 2 402770777 187 8 5 3 67142163 2:15 PM 0 9 1 0 2 011830281 193 5 10 7 36421 2:30 PM 0 8 1 0 0 002670373 167 6 3 10 63271 2:45 PM 0 3 0 0 1 101730469 167 4 8 11 56171 Vehicle Type Left Thru Right Eastbound U-Turn Westbound Northbound Southbound TotalLeftThruRightU-Turn Left Thru RightU-TurnLeftThruRightU-Turn Articulated Trucks 0 0 0 0 0 0000000 00000 Lights 19 9 26 8 1 2730522193176 7442100 Mediums 0 0 0 0 0 0040160 110000 Total 7 309 22 20 323 6 19 9 26 8 1 2 7552100 KIPLING ST KIPLING STEVERETT AVEEVERETT AVE (303) 216-2439www.alltrafficdata.net Location:2 KIPLING ST & EVERETT AVE Noon Saturday, June 04, 2016Date and Start Time: Peak Rolling Hour Flow Rates Peak Hour - All Vehicles Traffic Counts Note: Total study counts contained in parentheses. Peak Hour - Pedestrians/Bicycles in Crosswalk Peak Hour:02:00 PM - 03:00 PM Peak 15-Minutes:02:00 PM - 02:15 PM 5 11 87 84 179 85 90 0.88 N S EW 0.67 0.87 0.69 0.82 (27)(16) (237) (230) (250) (233) (51)(30) 3 01 3 80 4 4 79 2 0 0 1 7 6 40 EVERETT AVE EVERETT AVE KIPLING ST KIPLING ST 14 6 8 11 N S EW 3 3 35 4 10 4 7 Left Thru Right Total EastboundInterval Start Time RollingHour West East South North Pedestrain Crossings U-Turn Westbound Northbound Southbound Left Thru RightU-Turn Left Thru RightU-Turn Left Thru RightU-Turn 12:00 PM 0 3 0 0 0 002170123 47 3 0 1 41840100 12:15 PM 0 2 2 0 0 000170123 48 3 8 10 41822010 12:30 PM 0 2 3 0 1 000170119 46 8 4 4 91640030 12:45 PM 0 1 0 0 1 202210113 43 3 4 5 91621010 1:00 PM 0 1 4 0 0 100100321 45 6 3 8 31592021 1:15 PM 1 1 0 0 0 00015019 30 3 2 5 21691002 1:30 PM 0 3 2 0 0 000230016 44 0 8 2 01850000 1:45 PM 0 2 0 0 0 200170017 40 5 2 4 11851001 2:00 PM 0 3 2 0 0 000200322 55 1 5 1 11942012 2:15 PM 0 2 2 0 0 002160121 46 3 0 3 40110 2:30 PM 0 1 2 0 1 100190018 44 5 1 0 60110 2:45 PM 0 1 0 0 0 000240019 49 2 0 4 22111 Vehicle Type Left Thru Right Eastbound U-Turn Westbound Northbound Southbound TotalLeftThruRightU-Turn Left Thru RightU-TurnLeftThruRightU-Turn Articulated Trucks 0 0 0 0 0 0000000 00000 Lights 7 6 4 1 1 327944803 1940000 Mediums 0 0 0 0 0 0000000 00000 Total 2 79 4 4 80 3 7 6 4 1 1 3 1940000 KIPLING ST KIPLING STLYTTON AVELYTTON AVE (303) 216-2439www.alltrafficdata.net Location:1 KIPLING ST & LYTTON AVE AM Wednesday, June 1, 2016Date and Start Time: Peak Rolling Hour Flow Rates Peak Hour - All Vehicles Traffic Counts Note: Total study counts contained in parentheses. Peak Hour - Pedestrians/Bicycles in Crosswalk Peak Hour:08:45 AM - 09:45 AM Peak 15-Minutes:09:00 AM - 09:15 AM 7 18 518 270 927 283 502 0.96 N S EW 0.58 0.95 0.56 0.92 (35)(31) (1,524) (746) (1,492) (749) (40)(71) 4 01 12 495 11 14 265 4 0 0 2 3 2 40 25 11 45 23 N S EW 5 6 2322 13 12 17 6 Left Thru Right Total EastboundInterval Start Time Rolling Hour West East South North Pedestrain Crossings U-Turn Westbound Northbound Southbound Left Thru RightU-Turn Left Thru RightU-Turn Left Thru RightU-Turn 7:00:00 AM 0 3 0 0 3 1104900125 184 2 2 4 57421010 7:15:00 AM 0 1 0 0 1 0005201100 159 3 0 6 67711021 7:30:00 AM 0 1 0 0 2 0015503121 185 0 3 3 17941010 7:45:00 AM 0 1 0 0 0 2025803139 214 7 6 9 68053240 8:00:00 AM 0 1 1 0 0 3007005127 213 2 1 7 57932121 8:15:00 AM 0 0 0 0 1 1005206116 182 1 4 4 37920231 8:30:00 AM 0 1 0 0 1 4015812122 196 3 2 6 48121410 8:45:00 AM 0 1 1 0 0 0027101118 202 3 0 9 68174220 9:00:00 AM 0 1 0 0 0 0007003125 212 9 2 8 68096412 9:15:00 AM 0 1 1 0 1 1015703130 202 7 1 14 33400 9:30:00 AM 0 0 0 0 0 1016704122 201 4 6 11 91212 9:45:00 AM 0 3 0 0 0 0025402123 194 3 3 12 62152 Vehicle Type Left Thru Right Eastbound U-Turn Westbound Northbound Southbound TotalLeftThruRightU-Turn Left Thru RightU-TurnLeftThruRightU-Turn Articulated Trucks 0 0 0 0 0 0000010 10000 Lights 3 2 4 1 2 34252141145512 7630000 Mediums 0 0 0 0 0 101300390 530000 Total 4 265 14 11 495 12 3 2 4 1 2 4 8170000 KIPLING ST KIPLING STEVERETT AVEEVERETT AVE (303) 216-2439www.alltrafficdata.net Location:2 KIPLING ST & EVERETT AVE AM Wednesday, June 1, 2016Date and Start Time: Peak Rolling Hour Flow Rates Peak Hour - All Vehicles Traffic Counts Note: Total study counts contained in parentheses. Peak Hour - Pedestrians/Bicycles in Crosswalk Peak Hour:09:00 AM - 10:00 AM Peak 15-Minutes:09:00 AM - 09:15 AM 5 7 59 67 149 71 66 0.89 N S EW 0.42 0.87 0.70 0.85 (15)(16) (179) (159) (187) (158) (32)(24) 2 01 2 55 0 6 62 2 2 1 2 8 3 21 15 5 19 8 N S EW 2 3 712 9 6 7 1 Left Thru Right Total EastboundInterval Start Time Rolling Hour West East South North Pedestrain Crossings U-Turn Westbound Northbound Southbound Left Thru RightU-Turn Left Thru RightU-Turn Left Thru RightU-Turn 7:00:00 AM 0 0 0 0 1 00190012 25 2 0 0 01041010 7:15:00 AM 0 1 0 0 0 10040114 21 2 0 3 31100000 7:30:00 AM 0 0 0 0 0 20040017 23 1 1 7 11180000 7:45:00 AM 0 1 0 0 1 100150014 35 0 0 1 31340120 8:00:00 AM 0 0 0 0 0 000160015 31 3 1 5 101320000 8:15:00 AM 0 0 0 0 0 200110012 29 0 3 3 51432020 8:30:00 AM 0 2 1 0 1 100130114 39 2 1 3 31451131 8:45:00 AM 0 1 3 0 0 00180117 33 1 0 4 61441010 9:00:00 AM 1 2 1 0 1 000161016 42 4 2 3 71493010 9:15:00 AM 0 1 2 0 0 010140011 31 4 2 10 41001 9:30:00 AM 0 4 0 0 0 201141014 38 0 0 2 10101 9:45:00 AM 0 1 0 0 0 001180014 38 0 1 4 32110 Vehicle Type Left Thru Right Eastbound U-Turn Westbound Northbound Southbound TotalLeftThruRightU-Turn Left Thru RightU-TurnLeftThruRightU-Turn Articulated Trucks 0 0 0 0 0 0000000 00000 Lights 7 3 2 1 2 215660552 1411210 Mediums 1 0 0 0 0 0160000 80000 Total 2 62 6 0 55 2 8 3 2 1 2 2 1491210 KIPLING ST KIPLING STLYTTON AVELYTTON AVE (303) 216-2439www.alltrafficdata.net Location:1 KIPLING ST & LYTTON AVE PM Wednesday, June 1, 2016Date and Start Time: Peak Rolling Hour Flow Rates Peak Hour - All Vehicles Traffic Counts Note: Total study counts contained in parentheses. Peak Hour - Pedestrians/Bicycles in Crosswalk Peak Hour:05:15 PM - 06:15 PM Peak 15-Minutes:05:30 PM - 05:45 PM 12 23 365 500 4238 514 372 0.95 N S EW 0.50 0.88 0.58 0.86 (56)(37) (1,068) (1,504) (1,073) (1,520) (100)(92) 9 01 10 340 15 21 483 10 0 0 2 23 3 160 32 18 36 12 N S EW 5 13 1125 19 13 2 10 Left Thru Right Total EastboundInterval Start Time Rolling Hour West East South North Pedestrain Crossings U-Turn Westbound Northbound Southbound Left Thru RightU-Turn Left Thru RightU-Turn Left Thru RightU-Turn 4:00:00 PM 0 1 1 0 2 1021310183 233 7 8 18 69201352 4:15:00 PM 0 3 1 0 1 0011060292 220 7 11 15 39144442 4:30:00 PM 0 4 0 0 0 0021310276 229 11 2 12 109107241 4:45:00 PM 0 1 2 0 1 1021310680 238 3 6 5 79273056 5:00:00 PM 0 2 0 0 0 1021341274 227 3 5 11 79152180 5:15:00 PM 0 6 0 0 1 0021080382 216 4 6 11 129336305 5:30:00 PM 0 8 2 0 0 2011430472 246 0 5 9 89245180 5:45:00 PM 0 5 1 0 0 0021100490 226 5 1 8 49076233 6:00:00 PM 0 4 0 0 0 0051220496 245 3 6 6 78904451 6:15:00 PM 0 3 0 0 0 000950396 207 4 0 7 33241 6:30:00 PM 0 3 1 0 0 1031210481 229 4 5 10 106234 6:45:00 PM 0 2 1 0 1 0001160184 209 8 7 9 93100 Vehicle Type Left Thru Right Eastbound U-Turn Westbound Northbound Southbound TotalLeftThruRightU-Turn Left Thru RightU-TurnLeftThruRightU-Turn Articulated Trucks 0 0 0 0 0 0000000 00000 Lights 23 3 16 1 2 91046920143229 8980000 Mediums 0 0 0 0 0 001411181 350000 Total 10 483 21 15 340 10 23 3 16 1 2 9 9330000 KIPLING ST KIPLING STEVERETT AVEEVERETT AVE (303) 216-2439www.alltrafficdata.net Location:2 KIPLING ST & EVERETT AVE PM Wednesday, June 1, 2016Date and Start Time: Peak Rolling Hour Flow Rates Peak Hour - All Vehicles Traffic Counts Note: Total study counts contained in parentheses. Peak Hour - Pedestrians/Bicycles in Crosswalk Peak Hour:05:45 PM - 06:45 PM Peak 15-Minutes:06:00 PM - 06:15 PM 5 5 132 110 177 105 137 0.93 N S EW 0.63 0.94 0.53 0.91 (21)(25) (355) (293) (373) (289) (47)(29) 2 03 0 131 1 4 98 3 0 0 0 4 2 92 10 0 17 6 N S EW 0 0 116 7 3 2 4 Left Thru Right Total EastboundInterval Start Time Rolling Hour West East South North Pedestrain Crossings U-Turn Westbound Northbound Southbound Left Thru RightU-Turn Left Thru RightU-Turn Left Thru RightU-Turn 4:00:00 PM 0 3 0 0 0 201210124 55 2 1 4 12262010 4:15:00 PM 0 1 1 0 0 001250026 59 3 1 2 42391031 4:30:00 PM 0 3 1 0 2 001230132 65 6 1 2 32381010 4:45:00 PM 0 3 0 0 0 400140123 47 3 0 1 12300002 5:00:00 PM 0 0 1 0 1 000250040 68 0 1 1 22430100 5:15:00 PM 0 0 1 0 1 302200125 58 6 3 4 102452012 5:30:00 PM 0 3 2 0 0 101190029 57 2 3 3 52491010 5:45:00 PM 0 0 1 0 1 001210132 60 0 0 2 32591011 6:00:00 PM 0 4 1 0 0 001250035 70 1 0 4 12470031 6:15:00 PM 0 0 0 0 1 000250032 62 3 0 7 12020 6:30:00 PM 2 0 0 0 1 001270032 67 2 0 4 21030 6:45:00 PM 0 1 2 0 0 100240018 48 3 5 5 60110 Vehicle Type Left Thru Right Eastbound U-Turn Westbound Northbound Southbound TotalLeftThruRightU-Turn Left Thru RightU-TurnLeftThruRightU-Turn Articulated Trucks 0 0 0 0 0 0000000 00000 Lights 4 2 9 3 0 2397411310 2580020 Mediums 0 0 0 0 0 0010000 10000 Total 3 98 4 1 131 0 4 2 9 3 0 2 2590020 AM NORTH WEST NORTH EAST 7:00 3 3 0 3 7:15 0 0 0 8 7:30 1 1 0 3 7:45 0 3 2 1 8:00 1 4 2 1 8:15 0 1 1 1 8:30 1 2 1 2 8:45 2 0 1 4 9:00 4 5 1 2 9:15 1 3 2 0 9:30 0 7 0 2 9:45 2 4 3 3 PEAK 7 19 6 7 PM 4:00 2 2 3 10 4:15 2 4 4 4 4:30 7 2 3 7 4:45 1 5 1 6 5:00 0 1 0 7 5:15 0 6 6 6 5:30 2 4 1 5 5:45 0 2 2 4 6:00 1 0 4 6 6:15 2 2 0 2 6:30 2 5 1 3 6:45 5 4 5 6 Peak 12 13 11 27 SAT 12:00 PM 2 2 5 5 12:15 PM 8 1 3 7 12:30 PM 0 2 4 6 12:45 PM 10 3 1 11 1:00 PM 1 4 6 8 1:15 PM 6 0 2 4 1:30 PM 1 3 6 5 1:45 PM 2 2 7 7 2:00 PM 1 6 2 5 2:15 PM 0 0 5 5 2:30 PM 2 3 2 5 2:45 PM 2 3 0 12 PEAK 19 10 14 32 PEDESTRIAN COUNT-APPROACH 1 KIPLING ST & LYTTON AVE FROM FROM NE CORNERNW CORNER AM NORTH WEST DIDN’T CROSS NORTH EAST DIDN’T CROSS SOUTH WEST DIDN’T CROSS SOUTH EAST DIDN’T CROSS 7:00 1 3 0 2 2 0 0 4 0 2 4 2 7:15 0 5 0 0 1 1 3 1 0 2 3 0 7:30 0 1 0 0 0 0 0 3 0 4 3 0 7:45 0 1 0 0 4 0 6 2 0 1 2 0 8:00 1 2 0 0 4 0 1 2 0 2 5 0 8:15 0 1 0 2 1 1 1 3 0 1 2 0 8:30 2 3 0 0 3 0 3 4 0 1 0 0 8:45 0 4 0 0 3 1 1 4 0 1 6 0 9:00 1 3 0 2 4 0 2 11 0 1 2 1 9:15 1 2 1 0 1 0 2 5 1 0 6 0 9:30 0 3 0 0 2 1 3 9 0 3 7 0 9:45 0 3 1 1 5 0 1 3 1 1 7 0 PEAK 2 11 2 3 12 1 8 28 2 5 22 1 PM 4:00 1 7 0 2 2 1 0 12 0 5 8 0 4:15 1 1 0 0 8 2 1 12 0 2 5 1 4:30 3 3 0 1 2 2 8 7 0 3 2 3 4:45 3 3 0 1 5 0 0 5 1 3 3 3 5:00 1 3 0 2 2 2 0 7 1 1 5 1 5:15 2 4 0 1 5 2 2 7 0 4 6 0 5:30 1 4 0 0 4 1 0 6 0 4 4 1 5:45 1 4 0 0 1 1 1 8 2 2 2 1 6:00 2 4 1 2 1 2 2 4 2 1 0 2 6:15 0 0 0 0 2 0 1 4 2 4 3 2 6:30 2 2 0 1 5 1 0 4 0 2 3 0 6:45 1 3 0 3 7 4 3 7 3 2 2 1 PEAK 8 14 0 4 17 5 9 36 1 13 18 7 SAT 12:00 PM 4 2 0 1 6 4 2 5 2 3 5 2 12:15 PM 4 2 1 0 2 5 8 4 0 2 2 1 12:30 PM 4 0 0 0 5 4 0 4 4 3 4 1 12:45 PM 4 2 0 4 2 4 8 4 2 6 3 3 1:00 PM 1 3 0 5 9 4 5 10 0 4 2 1 1:15 PM 0 0 0 1 0 1 7 3 4 3 4 0 1:30 PM 2 2 1 4 7 1 2 4 2 2 1 2 1:45 PM 3 3 0 5 0 2 6 2 1 9 2 5 2:00 PM 10 0 0 1 8 3 2 4 1 3 3 4 2:15 PM 2 3 0 3 0 2 0 6 0 4 3 0 2:30 PM 3 2 1 0 7 2 3 2 1 1 4 1 2:45 PM 7 1 0 0 9 0 3 5 3 0 4 0 PEAK 13 7 1 9 18 17 21 22 6 15 11 6 SW CORNERNE CORNERNW CORNER SE CORNER 1 KIPLING ST & LYTTON AVE PEDESTRIAN COUNT AM SOUTH WEST SOUTH EAST 7:00 1 1 2 0 7:15 1 2 0 2 7:30 1 4 0 1 7:45 0 1 0 2 8:00 1 2 0 2 8:15 0 2 2 1 8:30 2 2 0 3 8:45 1 2 0 2 9:00 0 3 2 1 9:15 3 3 0 2 9:30 0 0 0 2 9:45 1 0 0 3 PEAK 6 10 2 8 PM 4:00 1 1 4 1 4:15 0 2 0 0 4:30 3 2 0 1 4:45 4 1 0 0 5:00 0 0 4 1 5:15 2 3 0 5 5:30 2 1 0 2 5:45 0 2 0 1 6:00 1 4 1 2 6:15 2 3 0 5 6:30 1 2 0 3 6:45 0 2 6 1 PEAK 4 11 7 11 SAT 12:00 PM 3 0 0 0 12:15 PM 5 1 0 0 12:30 PM 2 3 2 2 12:45 PM 1 2 4 2 1:00 PM 2 0 4 3 1:15 PM 0 3 1 2 1:30 PM 1 1 2 2 1:45 PM 0 2 2 1 2:00 PM 2 0 3 0 2:15 PM 2 1 0 3 2:30 PM 3 0 0 0 2:45 PM 0 2 10 2 PEAK 10 6 10 7 PEDESTRIAN COUNT-APPROACH 2 KIPLING ST & EVERETT AVE FROM FROM SE CORNERSW CORNER AM NORTH WEST DIDN’T CROSS NORTH EAST DIDN’T CROSS SOUTH WEST DIDN’T CROSS SOUTH EAST DIDN’T CROSS 7:00 2 0 4 0 0 0 0 1 0 0 1 0 7:15 0 3 3 0 2 0 2 1 1 0 2 0 7:30 1 2 2 0 1 0 0 0 1 0 3 0 7:45 0 5 4 0 0 0 0 4 1 0 1 1 8:00 1 4 2 2 1 0 1 3 0 2 3 0 8:15 4 2 4 0 1 0 0 0 0 0 1 0 8:30 2 3 1 0 0 1 0 3 0 1 2 0 8:45 0 2 0 0 2 1 4 3 0 1 2 0 9:00 3 1 1 1 1 0 1 0 0 0 2 2 9:15 1 2 0 0 2 0 0 3 0 2 3 0 9:30 0 2 1 0 1 1 0 4 0 1 0 0 9:45 0 0 5 0 0 0 0 2 0 1 0 0 PEAK 7 14 11 2 2 1 1 10 1 3 7 1 PM 4:00 0 1 7 0 0 1 0 1 0 0 4 2 4:15 1 1 2 0 1 1 3 1 0 1 1 0 4:30 2 1 7 1 0 1 5 2 2 0 2 0 4:45 1 1 4 0 0 0 0 0 2 0 1 1 5:00 1 3 1 0 0 2 0 1 0 0 0 2 5:15 8 2 8 0 4 1 1 0 1 1 1 0 5:30 1 0 5 1 3 2 0 1 0 2 1 1 5:45 0 2 2 0 1 0 0 0 0 0 0 0 6:00 4 0 2 0 0 0 1 0 1 1 5 0 6:15 0 0 6 0 0 2 2 1 0 0 2 0 6:30 1 0 8 0 2 0 2 2 0 1 2 0 6:45 0 7 4 3 3 0 3 1 0 0 3 0 PEAK 12 7 20 1 4 4 6 3 5 1 4 3 SAT 12:00 PM 3 4 2 0 0 0 0 0 0 0 0 0 12:15 PM 3 1 0 1 4 0 2 0 0 2 0 0 12:30 PM 1 3 1 3 4 0 6 0 2 2 2 1 12:45 PM 2 4 9 1 5 1 0 2 1 1 1 1 1:00 PM 3 2 4 2 1 0 4 2 0 0 0 2 1:15 PM 2 0 1 0 3 0 0 0 0 1 2 1 1:30 PM 0 0 0 0 0 2 1 0 0 5 1 2 1:45 PM 2 1 0 1 2 0 3 1 0 0 2 0 2:00 PM 0 1 2 3 0 0 1 0 0 2 1 0 2:15 PM 3 4 0 0 1 1 0 2 0 0 1 0 2:30 PM 1 2 0 0 7 0 2 0 0 1 0 0 2:45 PM 8 0 0 0 2 0 2 2 0 0 1 0 PEAK 9 10 14 7 14 1 12 4 3 5 3 4 SW CORNERNE CORNERNW CORNER SE CORNER 2 KIPLING ST & EVERETT AVE PEDESTRIAN COUNT File Name : #1 KIPLING&LYTTON AM Site Code : 1 Start Date : 6/2/2016 Page No : 1 Groups Printed- BIKES ON ROAD LYTTON AVE Eastbound LYTTON AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 07:00 AM 0 0 0 0 0 4 0 0 1 0 0 0 0 0 0 0 5 07:15 AM 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 2 07:30 AM 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 3 07:45 AM 0 3 1 0 1 4 0 0 0 0 0 0 0 0 1 0 10 Total 0 3 1 0 1 13 0 0 1 0 0 0 0 0 1 0 20 08:00 AM 0 3 0 0 0 6 0 0 0 0 0 0 0 0 0 0 9 08:15 AM 0 2 0 0 0 6 0 0 0 0 0 0 0 0 1 0 9 08:30 AM 0 1 0 0 0 7 0 0 0 0 0 0 0 0 0 0 8 08:45 AM 0 4 0 0 0 7 0 0 0 0 0 0 0 0 1 0 12 Total 0 10 0 0 0 26 0 0 0 0 0 0 0 0 2 0 38 09:00 AM 0 1 1 0 0 3 1 0 0 0 0 0 1 0 1 0 8 09:15 AM 0 2 0 0 0 3 1 0 0 0 0 0 0 0 0 0 6 09:30 AM 0 0 0 0 0 3 0 0 0 2 0 0 0 0 0 0 5 09:45 AM 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 2 Total 0 3 1 0 0 10 2 0 0 2 0 0 1 0 2 0 21 Grand Total 0 16 2 0 1 49 2 0 1 2 0 0 1 0 5 0 79 Apprch %0 88.9 11.1 0 1.9 94.2 3.8 0 33.3 66.7 0 0 16.7 0 83.3 0 Total %0 20.3 2.5 0 1.3 62 2.5 0 1.3 2.5 0 0 1.3 0 6.3 0 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #1 KIPLING&LYTTON AM Site Code : 1 Start Date : 6/2/2016 Page No : 2 KIPLING ST L Y T T O N A V E L Y T T O N A V E KIPLING ST Right5 Thru0 Left1 Peds0 InOut Total 4 6 10 Rig h t 2 Th r u 49 Le f t 1 Pe d s 0 Ou t To t a l In 17 52 69 Left 1 Thru 2 Right 0 Peds 0 Out TotalIn 3 3 6 Le f t 0 Th r u 16 Ri g h t 2 Pe d s 0 To t a l Ou t In 55 18 73 6/2/2016 07:00 AM6/2/2016 09:45 AM BIKES ON ROAD North LYTTON AVE Eastbound LYTTON AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Int. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 0 3 0 0 3 0 6 0 0 6 0 0 0 0 0 0 0 0 0 0 9 08:15 AM 0 2 0 0 2 0 6 0 0 6 0 0 0 0 0 0 0 1 0 1 9 08:30 AM 0 1 0 0 1 0 7 0 0 7 0 0 0 0 0 0 0 0 0 0 8 08:45 AM 0 4 0 0 4 0 7 0 0 7 0 0 0 0 0 0 0 1 0 1 12 Total Volume 0 10 0 0 10 0 26 0 0 26 0 0 0 0 0 0 0 2 0 2 38 % App. Total 0 100 0 0 0 100 0 0 0 0 0 0 0 0 100 0 PHF .000 .625 .000 .000 .625 .000 .929 .000 .000 .929 .000 .000 .000 .000 .000 .000 .000 .500 .000 .500 .792 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #1 KIPLING&LYTTON AM Site Code : 1 Start Date : 6/2/2016 Page No : 3 KIPLING ST L Y T T O N A V E L Y T T O N A V E KIPLING ST Right2 Thru0 Left0 Peds0 InOut Total 0 2 2 Rig h t 0 Th r u 26 Le f t 0 Pe d s 0 Ou t To t a l In 10 26 36 Left 0 Thru 0 Right 0 Peds 0 Out TotalIn 0 0 0 Le f t 0 Th r u 10 Ri g h t 0 Pe d s 0 To t a l Ou t In 28 10 38 Peak Hour Begins at 08:00 AM BIKES ON ROAD Peak Hour Data North All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #1 KIPLING&LYTTON PM Site Code : 1 Start Date : 6/2/2016 Page No : 1 Groups Printed- BIKES ON ROAD LYTTON AVE Eastbound LYTTON AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 04:00 PM 0 5 1 0 0 2 0 0 0 1 0 0 0 1 0 0 10 04:15 PM 0 3 0 0 1 5 0 0 0 0 1 0 0 0 0 0 10 04:30 PM 0 2 0 0 0 3 1 0 0 0 1 0 1 0 0 0 8 04:45 PM 0 4 0 0 0 4 0 0 1 0 0 0 0 0 0 0 9 Total 0 14 1 0 1 14 1 0 1 1 2 0 1 1 0 0 37 05:00 PM 1 2 0 0 0 1 0 0 0 0 0 0 0 0 0 0 4 05:15 PM 0 4 0 0 0 4 0 0 0 0 0 0 0 0 0 0 8 05:30 PM 0 7 0 0 0 2 0 0 0 0 0 0 0 0 0 0 9 05:45 PM 0 8 1 0 1 1 0 0 0 1 0 0 0 0 0 0 12 Total 1 21 1 0 1 8 0 0 0 1 0 0 0 0 0 0 33 06:00 PM 0 7 0 0 0 3 0 0 0 0 1 0 0 0 0 0 11 06:15 PM 0 3 0 0 0 2 0 0 0 0 1 0 0 2 0 0 8 06:30 PM 0 11 0 0 0 2 0 0 0 0 0 0 0 0 0 0 13 06:45 PM 0 3 0 0 0 1 0 0 1 0 0 0 0 0 0 0 5 Total 0 24 0 0 0 8 0 0 1 0 2 0 0 2 0 0 37 Grand Total 1 59 2 0 2 30 1 0 2 2 4 0 1 3 0 0 107 Apprch %1.6 95.2 3.2 0 6.1 90.9 3 0 25 25 50 0 25 75 0 0 Total %0.9 55.1 1.9 0 1.9 28 0.9 0 1.9 1.9 3.7 0 0.9 2.8 0 0 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #1 KIPLING&LYTTON PM Site Code : 1 Start Date : 6/2/2016 Page No : 2 KIPLING ST L Y T T O N A V E L Y T T O N A V E KIPLING ST Right0 Thru3 Left1 Peds0 InOut Total 4 4 8 Rig h t 1 Th r u 30 Le f t 2 Pe d s 0 Ou t To t a l In 64 33 97 Left 2 Thru 2 Right 4 Peds 0 Out TotalIn 7 8 15 Le f t 1 Th r u 59 Ri g h t 2 Pe d s 0 To t a l Ou t In 32 62 94 6/2/2016 04:00 PM6/2/2016 06:45 PM BIKES ON ROAD North LYTTON AVE Eastbound LYTTON AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Int. Total Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:00 PM 04:00 PM 0 5 1 0 6 0 2 0 0 2 0 1 0 0 1 0 1 0 0 1 10 04:15 PM 0 3 0 0 3 1 5 0 0 6 0 0 1 0 1 0 0 0 0 0 10 04:30 PM 0 2 0 0 2 0 3 1 0 4 0 0 1 0 1 1 0 0 0 1 8 04:45 PM 0 4 0 0 4 0 4 0 0 4 1 0 0 0 1 0 0 0 0 0 9 Total Volume 0 14 1 0 15 1 14 1 0 16 1 1 2 0 4 1 1 0 0 2 37 % App. Total 0 93.3 6.7 0 6.2 87.5 6.2 0 25 25 50 0 50 50 0 0 PHF .000 .700 .250 .000 .625 .250 .700 .250 .000 .667 .250 .250 .500 .000 1.00 .250 .250 .000 .000 .500 .925 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #1 KIPLING&LYTTON PM Site Code : 1 Start Date : 6/2/2016 Page No : 3 KIPLING ST L Y T T O N A V E L Y T T O N A V E KIPLING ST Right0 Thru1 Left1 Peds0 InOut Total 2 2 4 Rig h t 1 Th r u 14 Le f t 1 Pe d s 0 Ou t To t a l In 17 16 33 Left 1 Thru 1 Right 2 Peds 0 Out TotalIn 3 4 7 Le f t 0 Th r u 14 Ri g h t 1 Pe d s 0 To t a l Ou t In 15 15 30 Peak Hour Begins at 04:00 PM BIKES ON ROAD Peak Hour Data North All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #1 KIPLING&LYTTON SAT Site Code : 1 Start Date : 6/4/2016 Page No : 1 Groups Printed- BIKES ON ROAD LYTTON AVE Eastbound LYTTON AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 12:00 PM 0 4 0 0 0 2 0 0 0 0 1 0 0 1 0 0 8 12:15 PM 1 3 0 0 0 1 1 0 0 0 0 0 0 0 1 0 7 12:30 PM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:45 PM 0 1 0 0 0 3 0 0 2 0 1 0 0 0 0 0 7 Total 1 10 0 0 0 6 1 0 2 0 2 0 0 1 1 0 24 01:00 PM 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 5 01:15 PM 0 4 0 0 1 0 0 0 0 1 1 0 0 1 0 0 8 01:30 PM 0 1 0 0 0 0 0 0 0 1 2 0 0 0 0 0 4 01:45 PM 0 3 0 0 0 1 0 0 0 0 0 0 0 0 0 0 4 Total 0 8 0 0 1 6 0 0 0 2 3 0 0 1 0 0 21 02:00 PM 0 1 0 0 0 4 0 0 0 0 0 0 0 0 0 0 5 02:15 PM 0 1 0 0 0 4 0 0 0 0 0 0 0 0 0 0 5 02:30 PM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 02:45 PM 0 2 0 0 0 1 0 0 0 0 0 0 0 0 0 0 3 Total 0 6 0 0 0 9 0 0 0 0 0 0 0 0 0 0 15 Grand Total 1 24 0 0 1 21 1 0 2 2 5 0 0 2 1 0 60 Apprch %4 96 0 0 4.3 91.3 4.3 0 22.2 22.2 55.6 0 0 66.7 33.3 0 Total %1.7 40 0 0 1.7 35 1.7 0 3.3 3.3 8.3 0 0 3.3 1.7 0 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #1 KIPLING&LYTTON SAT Site Code : 1 Start Date : 6/4/2016 Page No : 2 KIPLING ST L Y T T O N A V E L Y T T O N A V E KIPLING ST Right1 Thru2 Left0 Peds0 InOut Total 4 3 7 Rig h t 1 Th r u 21 Le f t 1 Pe d s 0 Ou t To t a l In 29 23 52 Left 2 Thru 2 Right 5 Peds 0 Out TotalIn 3 9 12 Le f t 1 Th r u 24 Ri g h t 0 Pe d s 0 To t a l Ou t In 24 25 49 6/4/2016 12:00 PM6/4/2016 02:45 PM BIKES ON ROAD North LYTTON AVE Eastbound LYTTON AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Int. Total Peak Hour Analysis From 12:00 PM to 01:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 12:00 PM 12:00 PM 0 4 0 0 4 0 2 0 0 2 0 0 1 0 1 0 1 0 0 1 8 12:15 PM 1 3 0 0 4 0 1 1 0 2 0 0 0 0 0 0 0 1 0 1 7 12:30 PM 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:45 PM 0 1 0 0 1 0 3 0 0 3 2 0 1 0 3 0 0 0 0 0 7 Total Volume 1 10 0 0 11 0 6 1 0 7 2 0 2 0 4 0 1 1 0 2 24 % App. Total 9.1 90.9 0 0 0 85.7 14.3 0 50 0 50 0 0 50 50 0 PHF .250 .625 .000 .000 .688 .000 .500 .250 .000 .583 .250 .000 .500 .000 .333 .000 .250 .250 .000 .500 .750 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #1 KIPLING&LYTTON SAT Site Code : 1 Start Date : 6/4/2016 Page No : 3 KIPLING ST L Y T T O N A V E L Y T T O N A V E KIPLING ST Right1 Thru1 Left0 Peds0 InOut Total 2 2 4 Rig h t 1 Th r u 6 Le f t 0 Pe d s 0 Ou t To t a l In 12 7 19 Left 2 Thru 0 Right 2 Peds 0 Out TotalIn 1 4 5 Le f t 1 Th r u 10 Ri g h t 0 Pe d s 0 To t a l Ou t In 9 11 20 Peak Hour Begins at 12:00 PM BIKES ON ROAD Peak Hour Data North All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #2 KIPLING&EVERETT AM Site Code : 2 Start Date : 6/2/2016 Page No : 1 Groups Printed- BIKES ON ROAD EVERETT AVE Eastbound EVERETT AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 07:00 AM 0 0 1 0 0 1 1 0 1 1 0 0 0 0 0 0 5 07:15 AM 1 0 0 0 0 3 0 0 0 0 1 0 0 0 0 0 5 07:30 AM 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 2 07:45 AM 0 0 0 0 0 5 0 0 0 0 1 0 0 0 1 0 7 Total 1 0 1 0 0 10 1 0 2 1 2 0 0 0 1 0 19 08:00 AM 0 0 0 0 0 2 0 0 1 0 0 0 5 0 1 0 9 08:15 AM 0 0 0 0 1 0 0 0 0 1 0 0 0 0 0 0 2 08:30 AM 0 1 0 0 0 6 0 0 0 0 0 0 1 0 0 0 8 08:45 AM 0 2 0 0 1 3 0 0 0 0 0 0 0 0 2 0 8 Total 0 3 0 0 2 11 0 0 1 1 0 0 6 0 3 0 27 09:00 AM 0 1 0 0 1 0 0 0 1 1 0 0 0 0 0 0 4 09:15 AM 0 0 0 0 0 3 0 0 0 1 0 0 0 0 0 0 4 09:30 AM 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 2 09:45 AM 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 Total 0 1 0 0 1 4 0 0 1 4 0 0 0 0 0 0 11 Grand Total 1 4 1 0 3 25 1 0 4 6 2 0 6 0 4 0 57 Apprch %16.7 66.7 16.7 0 10.3 86.2 3.4 0 33.3 50 16.7 0 60 0 40 0 Total %1.8 7 1.8 0 5.3 43.9 1.8 0 7 10.5 3.5 0 10.5 0 7 0 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #2 KIPLING&EVERETT AM Site Code : 2 Start Date : 6/2/2016 Page No : 2 KIPLING ST E V E R E T T A V E E V E R E T T A V E KIPLING ST Right4 Thru0 Left6 Peds0 InOut Total 8 10 18 Rig h t 1 Th r u 25 Le f t 3 Pe d s 0 Ou t To t a l In 12 29 41 Left 4 Thru 6 Right 2 Peds 0 Out TotalIn 4 12 16 Le f t 1 Th r u 4 Ri g h t 1 Pe d s 0 To t a l Ou t In 33 6 39 6/2/2016 07:00 AM6/2/2016 09:45 AM BIKES ON ROAD North EVERETT AVE Eastbound EVERETT AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Int. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 0 0 0 0 0 0 2 0 0 2 1 0 0 0 1 5 0 1 0 6 9 08:15 AM 0 0 0 0 0 1 0 0 0 1 0 1 0 0 1 0 0 0 0 0 2 08:30 AM 0 1 0 0 1 0 6 0 0 6 0 0 0 0 0 1 0 0 0 1 8 08:45 AM 0 2 0 0 2 1 3 0 0 4 0 0 0 0 0 0 0 2 0 2 8 Total Volume 0 3 0 0 3 2 11 0 0 13 1 1 0 0 2 6 0 3 0 9 27 % App. Total 0 100 0 0 15.4 84.6 0 0 50 50 0 0 66.7 0 33.3 0 PHF .000 .375 .000 .000 .375 .500 .458 .000 .000 .542 .250 .250 .000 .000 .500 .300 .000 .375 .000 .375 .750 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #2 KIPLING&EVERETT AM Site Code : 2 Start Date : 6/2/2016 Page No : 3 KIPLING ST E V E R E T T A V E E V E R E T T A V E KIPLING ST Right3 Thru0 Left6 Peds0 InOut Total 1 9 10 Rig h t 0 Th r u 11 Le f t 2 Pe d s 0 Ou t To t a l In 9 13 22 Left 1 Thru 1 Right 0 Peds 0 Out TotalIn 2 2 4 Le f t 0 Th r u 3 Ri g h t 0 Pe d s 0 To t a l Ou t In 15 3 18 Peak Hour Begins at 08:00 AM BIKES ON ROAD Peak Hour Data North All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #2 KIPLING&EVERETT PM Site Code : 2 Start Date : 6/2/2016 Page No : 1 Groups Printed- BIKES ON ROAD EVERETT AVE Eastbound EVERETT AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 04:00 PM 0 1 0 0 0 0 0 0 0 1 0 0 0 1 0 0 3 04:15 PM 1 0 0 0 0 2 1 0 0 0 0 0 0 0 0 0 4 04:30 PM 1 0 0 0 0 1 0 0 0 1 0 0 0 0 0 0 3 04:45 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Total 2 2 0 0 0 3 1 0 0 2 0 0 0 1 0 0 11 05:00 PM 1 2 1 0 0 2 0 0 0 0 0 0 0 1 0 0 7 05:15 PM 1 2 0 0 0 1 0 0 0 0 0 0 0 0 0 0 4 05:30 PM 1 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 3 05:45 PM 1 1 0 0 0 0 2 0 0 1 1 0 0 0 0 0 6 Total 4 6 1 0 0 3 2 0 0 2 1 0 0 1 0 0 20 06:00 PM 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 2 06:15 PM 0 2 1 0 0 0 0 0 0 0 0 0 0 2 1 0 6 06:30 PM 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 3 06:45 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Total 0 3 1 0 0 5 0 0 0 0 0 0 0 2 1 0 12 Grand Total 6 11 2 0 0 11 3 0 0 4 1 0 0 4 1 0 43 Apprch %31.6 57.9 10.5 0 0 78.6 21.4 0 0 80 20 0 0 80 20 0 Total %14 25.6 4.7 0 0 25.6 7 0 0 9.3 2.3 0 0 9.3 2.3 0 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #2 KIPLING&EVERETT PM Site Code : 2 Start Date : 6/2/2016 Page No : 2 KIPLING ST E V E R E T T A V E E V E R E T T A V E KIPLING ST Right1 Thru4 Left0 Peds0 InOut Total 13 5 18 Rig h t 3 Th r u 11 Le f t 0 Pe d s 0 Ou t To t a l In 12 14 26 Left 0 Thru 4 Right 1 Peds 0 Out TotalIn 6 5 11 Le f t 6 Th r u 11 Ri g h t 2 Pe d s 0 To t a l Ou t In 12 19 31 6/2/2016 04:00 PM6/2/2016 06:45 PM BIKES ON ROAD North EVERETT AVE Eastbound EVERETT AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Int. Total Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05:00 PM 05:00 PM 1 2 1 0 4 0 2 0 0 2 0 0 0 0 0 0 1 0 0 1 7 05:15 PM 1 2 0 0 3 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 4 05:30 PM 1 1 0 0 2 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 3 05:45 PM 1 1 0 0 2 0 0 2 0 2 0 1 1 0 2 0 0 0 0 0 6 Total Volume 4 6 1 0 11 0 3 2 0 5 0 2 1 0 3 0 1 0 0 1 20 % App. Total 36.4 54.5 9.1 0 0 60 40 0 0 66.7 33.3 0 0 100 0 0 PHF 1.00 .750 .250 .000 .688 .000 .375 .250 .000 .625 .000 .500 .250 .000 .375 .000 .250 .000 .000 .250 .714 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #2 KIPLING&EVERETT PM Site Code : 2 Start Date : 6/2/2016 Page No : 3 KIPLING ST E V E R E T T A V E E V E R E T T A V E KIPLING ST Right0 Thru1 Left0 Peds0 InOut Total 8 1 9 Rig h t 2 Th r u 3 Le f t 0 Pe d s 0 Ou t To t a l In 7 5 12 Left 0 Thru 2 Right 1 Peds 0 Out TotalIn 2 3 5 Le f t 4 Th r u 6 Ri g h t 1 Pe d s 0 To t a l Ou t In 3 11 14 Peak Hour Begins at 05:00 PM BIKES ON ROAD Peak Hour Data North All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #2 KIPLING&EVERETT SAT Site Code : 2 Start Date : 6/4/2016 Page No : 1 Groups Printed- BIKES ON ROAD EVERETT AVE Eastbound EVERETT AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 12:00 PM 0 1 1 0 1 1 0 0 0 0 0 0 0 0 0 0 4 12:15 PM 0 1 0 0 0 5 0 0 0 1 0 0 0 0 0 0 7 12:30 PM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:45 PM 1 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 3 Total 1 5 1 0 1 6 1 0 0 1 0 0 0 0 0 0 16 01:15 PM 0 0 0 0 0 1 0 0 1 0 0 0 0 1 0 0 3 01:30 PM 0 0 0 0 0 1 0 0 0 1 0 0 0 0 0 0 2 01:45 PM 0 1 0 0 0 1 0 0 0 0 0 0 1 1 0 0 4 Total 0 1 0 0 0 3 0 0 1 1 0 0 1 2 0 0 9 02:00 PM 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 02:30 PM 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 2 02:45 PM 0 1 0 0 0 1 0 0 0 0 0 0 0 0 0 0 2 Total 0 4 0 0 0 2 1 0 0 0 0 0 0 0 0 0 7 Grand Total 1 10 1 0 1 11 2 0 1 2 0 0 1 2 0 0 32 Apprch %8.3 83.3 8.3 0 7.1 78.6 14.3 0 33.3 66.7 0 0 33.3 66.7 0 0 Total %3.1 31.2 3.1 0 3.1 34.4 6.2 0 3.1 6.2 0 0 3.1 6.2 0 0 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #2 KIPLING&EVERETT SAT Site Code : 2 Start Date : 6/4/2016 Page No : 2 KIPLING ST E V E R E T T A V E E V E R E T T A V E KIPLING ST Right0 Thru2 Left1 Peds0 InOut Total 5 3 8 Rig h t 2 Th r u 11 Le f t 1 Pe d s 0 Ou t To t a l In 11 14 25 Left 1 Thru 2 Right 0 Peds 0 Out TotalIn 4 3 7 Le f t 1 Th r u 10 Ri g h t 1 Pe d s 0 To t a l Ou t In 12 12 24 6/4/2016 12:00 PM6/4/2016 02:45 PM BIKES ON ROAD North EVERETT AVE Eastbound EVERETT AVE Westbound KIPLING ST Northbound KIPLING ST Southbound Start Time Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Int. Total Peak Hour Analysis From 12:00 PM to 01:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 12:00 PM 12:00 PM 0 1 1 0 2 1 1 0 0 2 0 0 0 0 0 0 0 0 0 0 4 12:15 PM 0 1 0 0 1 0 5 0 0 5 0 1 0 0 1 0 0 0 0 0 7 12:30 PM 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:45 PM 1 1 0 0 2 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 3 Total Volume 1 5 1 0 7 1 6 1 0 8 0 1 0 0 1 0 0 0 0 0 16 % App. Total 14.3 71.4 14.3 0 12.5 75 12.5 0 0 100 0 0 0 0 0 0 PHF .250 .625 .250 .000 .875 .250 .300 .250 .000 .400 .000 .250 .000 .000 .250 .000 .000 .000 .000 .000 .571 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 File Name : #2 KIPLING&EVERETT SAT Site Code : 2 Start Date : 6/4/2016 Page No : 3 KIPLING ST E V E R E T T A V E E V E R E T T A V E KIPLING ST Right0 Thru0 Left0 Peds0 InOut Total 3 0 3 Rig h t 1 Th r u 6 Le f t 1 Pe d s 0 Ou t To t a l In 5 8 13 Left 0 Thru 1 Right 0 Peds 0 Out TotalIn 2 1 3 Le f t 1 Th r u 5 Ri g h t 1 Pe d s 0 To t a l Ou t In 6 7 13 Peak Hour Begins at 12:00 PM BIKES ON ROAD Peak Hour Data North All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge,CO 80033 303-216-2439 ATTACHMENT F Hardcopies to Council Members Only Project plans can be reviewed at http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=2668&TargetID=319 City of Palo Alto (ID # 6595) City Council Staff Report Report Type: Action Items Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Review of CAC Transportation Element Title: Review of the Draft Transportation Element Prepared by the Comprehensive Plan Update Community Advisory Committee From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council review and discuss the Draft Transportation Element (Attachment A) developed by the Comprehensive Plan Update Citizen Advisory Committee (CAC) and provide comments for incorporation into the draft Comprehensive Plan Update. Background & Discussion The Transportation Element is the second element of the Comprehensive Plan that the Citizens Advisory Committee (CAC) has reviewed. This draft element is the product of hundreds of hours of work by the full CAC, the Transportation subcommittee of the CAC, the Sustainability subcommittee of the CAC, staff, and consultants. This draft element was based on the City Council’s direction regarding vision and goals, as well as input from the Planning and Transportation Commission (PTC) and the public. On August 31st, 2015, the City Council reviewed the existing Transportation Element of the Comprehensive Plan and the PTC’s proposed revisions in order to provide guidance on the updated Transportation Element’s structure, vision statement, and goals. The staff report and minutes for this discussion can be found respectively at the following: http://www.cityofpaloalto.org/civicax/filebank/documents/48663 (Attachments - http://www.cityofpaloalto.org/civicax/filebank/documents/48758) and http://www.cityofpaloalto.org/civicax/filebank/documents/48845. The Council recommended that a new Transportation Element use the structure crafted by the PTC, with some minor changes, a change to the title of one goal, and the addition of a new goal to address traffic congestion. (This goal was originally added at the end of existing goals, but, given the importance of addressing congestion, the CAC has moved this goal up to become Goal T-2.) City of Palo Alto Page 2 The CAC created a Transportation subcommittee to review the Transportation Element and incorporate staff and other community feedback over the course of four meetings in spring 2016. The Sustainability subcommittee also met to suggest ways to strengthen the links between the Transportation Element and the S/CAP. The CAC reviewed a draft element in June and at their July 19th meeting voting unanimously to refer the draft element to the City Council for review, stressing that this is a draft. At the same time, individual CAC members identified additional issues that they would like to consider addressing in future revisions, such as the VTA’s current proposal to reduce service in Palo Alto. Some of the individual CAC member suggestions were for minor wording changes only and others are policy issues that will require further discussion. A summary of the policy issues is attached for Council consideration (Attachment C). The City Council’s initial review and comments will inform preparation of a revised version that will be considered further in the context of a completed draft of the Comprehensive Plan Update. The following is a summary of the overall organization and issues addressed in the draft element: Overall organization: The CAC identified numerous interrelationships between Goal T-2, Traffic Congestion (formerly Goal 9), and other goals related to sustainability (T-1), efficiency (T-3), and safety (T-6) and identified the most appropriate locations for policies and programs that support multiple goals. The CAC also put substantial work into streamlining the policies and programs to present a clearer, more concise message, particularly under Goal T-1 regarding Sustainable Transportation. Safe Routes to School policies are consolidated under Goal T-6, Roadway Safety. Single-Occupant Vehicle Use: The CAC tackled the issue of single-occupant vehicle use from several angles, developing a comprehensive strategy that encompasses: making it easier and more convenient to use alternatives to the automobile improving first/last mile connections, with an emphasis on shuttles increasing efforts to market, promote, and educate about alternatives to the automobile identifying funding sources for transit and alternative transportation improvements prioritizing the safety of pedestrians and cyclists in roadway improvements. Many of these policies and programs are located under Goal T-1, Sustainable Transportation, but this key theme runs throughout the element. For example, policies and programs under Goal T-3, Efficient Roadway Network, emphasize the City's commitment to Complete Streets principles, improved connections to community gathering places, and the safety of school children. Similarly, policies under T-6, Roadway Safety, prioritize pedestrian, bicycle, and automobile safety over vehicle level- of-service at intersections and vehicle parking. City of Palo Alto Page 3 Parking: The CAC arrived at a phased approach to parking supply and clarified an overall direction which provides sufficient but not excessive parking; the concept of parking pricing is introduced as well. Policy T5.1 [T107] states that all new development projects should be consistent with existing parking regulations and meet parking demand generated by the project without the use of on street parking, while programs T5.1.1 through T5.1.3 describe the phased approach to reduce parking requirements over time if TDM and technological changes demonstrate a reduction in parking demand. In addition, the topic of parking pricing has been introduced as a new program T5.2.3 [T114] which supports implementation of a comprehensive suite of parking supply and demand management strategies citywide. VMT and LOS: Goal T-2, addressing traffic congestion for all modes of transportation and transportation infrastructure improvements, is the location of the City’s level of service (LOS) policies. The CAC wanted to ensure that the City maintains a policy of using conventional vehicular LOS to evaluate the potential impacts on traffic congestion as a result of new development. Utilizing both LOS and VMT metrics provides the City with a comprehensive view to address traffic and to reflect its sustainability goals. While LOS describes local-level impacts at a specific location, VMT describes network-wide impacts by measuring the number of miles traveled by motor vehicles and reflects the length of trips as well as the number of trips. VMT is also a key factor in quantifying greenhouse gas emissions. Together, LOS and VMT measures can inform efforts to reduce commute lengths and enhance the availability of alternative transportation options. The CAC also included new multimodal and VMT standards that support both the City’s vision for sustainable transportation and Complete Streets, as well as evolving State legislation on transportation analysis (SB 743). The CAC agreed that the City should carry forward existing policies to prioritize the safety of school children and neighborhood traffic calming over the free flow of traffic. The City Council will have an upcoming opportunity to discuss VMT and LOS transportation analysis mechanisms in more depth at a City Council study session scheduled for September. Transit-dependent community: The subcommittee pointed out the need to expand the element’s support for the transit-dependent community to address the needs of those who are dependent on transit due to economic disadvantage or choice, as well as maintaining policies and programs that improve access for seniors and those with mobility constraints. While many of the issues above involved intensive discussion and debate, CAC members grappled with them over the course of their deliberations and were able to come to consensus. As a result, there are not issues or policies within this draft element that resulted in a vote with majority/minority opinions. City of Palo Alto Page 4 Schedule and Next Steps The CAC’s deliberations on the draft Transportation element took longer than originally anticipated, as are ongoing discussions about the Land Use element. The attached schedule for the Comprehensive Plan Update reflects this time, as well as the additional time needed to analyze Scenario 5 and 6 prior to preparation of the Final EIR. The resulting schedule shows completion of the Updated Comp Plan and the Final EIR in October, 2017, which is four months later than anticipated at the beginning of this year. Importantly, the additional time that the CAC has spent reviewing the elements is yielding results. The CAC and the Transportation and Land Use subcommittees have been very active over the past few months discussing and revising the Transportation and Land Use Elements. (For example, the Land Use Subcommittee has met 6 times to work on the Land Use Element and the CAC has discussed the Land Use Element at 4 meetings in 2016.) In this time, the CAC and the subcommittees have been able to spend the time to frame and resolve key issues and options, and on many issues, the CAC has been able to build consensus. (As noted above, the CAC voted to forward this draft Transportation Element to the Council unanimously.) On controversial land use issues, like building height and growth management, the Land Use subcommittee and the CAC have been able to identify the key policy options for the Council’s consideration. These options are tentatively scheduled for the City Council’s initial review in mid-September. As next steps, the attached schedule (Attachment B) shows the CAC completing their review of the additional elements and sending recommended drafts of those individual elements to the City Council throughout the rest of 2016 and into early 2017. Once that review of individual elements is completed, the CAC will then have one session to review the entire draft Comprehensive Plan to identify any inconsistencies that need to be resolved. That final CAC review is currently scheduled for May 2017. That completed draft of the Comprehensive Plan Update will then be brought back for additional review and consideration by the City Council. CAC members originally expected their work to take one year. As currently scheduled, the CAC will not complete their work until May 2017. It is hard for CAC members to continue to commit this kind of time. One goal of the proposed review schedule is to establish a realistic and predictable schedule so that CAC members know how much more time they need to reserve and can continue to participate actively in the Comp Plan review until it is completed. Resource Impact Comprehensive plan updates are significant undertakings for any jurisdiction and the City of Palo Alto has invested time and resources in the project since 2008. The need to allocate multiple members of City staff, significant time on the City Council’s agenda, and financial resources for consultant assistance and event/meeting programming will continue until the adoption of the updated Comprehensive Plan and its companion environmental document. City of Palo Alto Page 5 Staff will provide a fuller discussion of resource needs in the context of the Council’s discussion of the 5th and 6th EIR scenarios, currently scheduled for August 29, 2016. Environmental Review A Draft Environmental Impact Report (DEIR) on the Comp Plan was published on February 5, 2016 and the public comment period closed on June 8, 2016. Council has directed staff and the consultant team to prepare a supplemental analysis of a 5th and 6th scenario, which will be circulated for public review early in 2017. A Final EIR incorporating the DEIR, the supplemental analysis, substantive comments on the DEIR and supplemental analysis, as well as written responses to those comments, and needed changes to the text and analysis of the DEIR will be proposed for adoption concurrent with the Comprehensive Plan Update as shown on the attached schedule. Attachments: Attachment A: Draft Transportation Element (PDF) Attachment B: CAC Monthly Schedule July 2016 (PDF) Attachment C: CAC Transportation Policy Comments 07.19.16 (DOCX) TRANSPORTATION TABLE OF CONTENTS PRELIMINARY DRAFT – JULY 19, 2016 T-i 2 GOAL T-1 Create a sustainable transportation system, complemented by a mix of land uses, that emphasizes walking, bicycling, use of public transportation, and other methods to reduce greenhouse gas emissions and the use of single occupancy motor vehicles. ................................................................................................. 26 Reducing Reliance on Single-Occupant Vehicles ....................................26 Reducing Greenhouse Gas Emissions ......................................................27 Increasing Transit Use ................................................................................28 Enhancing Rail and Bus Service ................................................................29 Shuttle Service, Ridesharing and First/Last Mile Connections .............30 Bicycling and Walking ................................................................................32 Monitoring Progress ...................................................................................34 Funding Improvements ..............................................................................34 GOAL T-2 Decrease congestion and vehicle miles travelled with a priority on our worst intersections and our peak commute times, including school traffic. .................................................................................. 35 Schools and Childcare Facility Congestion ..............................................36 GOAL T-3 Maintain an efficient roadway network for all users. ......... 37 Efficient Circulation ....................................................................................37 Street Design and Modification Projects ..................................................38 Rail Corridor ................................................................................................40 GOAL T-4 Protect neighborhood streets that support residential character and provide a range of local transportation options. ................ 41 GOAL T-5 Encourage attractive, convenient, efficient and innovative parking solutions for all users. ................................................... 42 Managing Parking Supply .........................................................................42 Parking Infrastructure and Design ...........................................................44 Residential Parking .....................................................................................45 Bicycle Parking ............................................................................................46 Attachment A PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT TABLE OF CONTENTS T-ii PRELIMINARY DRAFT – JULY 19, 2016 GOAL T-6 Provide a safe environment for motorists, pedestrians, and bicyclists on Palo Alto streets. .......................................... 46 GOAL T-7 Provide mobility options that allow people who are transit dependent to reach their destinations. ............................................. 49 GOAL T-8 Influence the shape and implementation of regional transportation policies and technologies to reduce traffic congestion and greenhouse gas emissions. .................................................. 51 TRANSPORTATION PRELIMINARY DRAFT – JULY 19, 2016 T-1 2 This preliminary draft element was prepared by City staff on the basis of input from the CAC, the transportation subcommittee and members of the public received between October 2015 and June 2016. The element will be further refined following review by the full CAC on July 21, 2016, and that refined product will be presented as a draft to Palo Alto City Council in August 2016. INTRODUCTION Meeting the transportation needs of residents, visitors, and businesses will demand innovative and forward-looking solutions. The Transportation Element provides a policy framework for these solutions, recognizing that future growth in transportation needs cannot be met by the automobile alone. Strong dependence on the automobile has resulted in air and water pollution, excess noise, increased energy use, and visual degradation in Palo Alto and throughout the San Francisco Bay Area. There have also been impacts on Palo Alto neighborhoods, as motorists have used local streets as alternatives to overcrowded arterials. This Element addresses these issues comprehensively and acknowledges that the future will be different than the present and the past. Recognizing changing demographics and travel preferences, new technologies, and new opportunities, the Element includes solutions for implementation today in order to lay the groundwork VISION: Palo Alto will build and maintain a sustainable network of safe, accessible and efficient transportation and parking solutions for all users and modes, while protecting and enhancing the quality of life in Palo Alto neighborhoods. Programs will include alternative and innovate transportation processes, and the adverse impacts of automobile traffic on the environment in general and residential streets in particular will be reduced. Streets will be safe, attractive and designed to enhance the quality and aesthetics of Palo Alto neighborhoods. Palo Alto recognizes the regional nature of our transportation system, and will be a leader in seeking regional transportation solutions, prioritizing Caltrain service improvements and railroad grade separations. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-2 PRELIMINARY DRAFT – JULY 19, 2016 for the future. Together with investments in infrastructure, these solutions will lead to an integrated transportation system that serves local, regional, and intercity travel. This Element meets the State requirement for a Circulation Element, addressing the various aspects of circulation, including complete streets, expressways and freeways, transit, walking, bicycling, parking, and special transportation needs. CONNECTIONS TO OTHER ELEMENTS Transportation choices and options are shaped by many factors including land use, economics, and community values. As such, the Transportation Element is strongly influenced by the Land Use Element and Housing Element because the distribution and density of residential, commercial, and office uses have a direct correlation to the type, frequency, and use of transportation options a community employs. In a jobs-rich community like Palo Alto that imports significant numbers of workers, adding housing could be one strategy to reduce the number of people who have to drive into the city each day. The Transportation Element supports the objectives of the Business and Economics Element, the Community Services and Facilities Element, and the Natural Environment Element, and the Safety and Noise Element by paving the way for a transportation system that supports economic development, helps people get to and from community gathering places, and accesses services in a manner that limits impacts to the natural environment. SUSTAINABLE TRANSPORTATION In 2014, more than 60 percent of all trips made each day in Palo Alto involved single-occupant vehicles. Although this ratio is a lower than in many other Bay Area communities, road travel to, from, and within the city is the greatest single largest source of local greenhouse gas (GHG) emissions. As a major regional employment center, Palo Alto attracts commuters from throughout the Bay Area on a daily basis, but US Census data also show that Palo Alto residents make most of their trips by car. [additional data to come on trip origins and destinations, i.e. who is driving where] Building a more sustainable transportation system will require addressing both regional and local travel patterns, as well as trips made for work, school, errands or entertainment. The key to a sustainable transportation system lies in providing more options and more convenience so that people will more readily choose not to drive. Palo Altans recognize that, at times, driving is necessary, but to address congestion, keep 61% 23% 5% 3% 8% PALO ALTO DAILY MODE SHARE (2014) Drive Alone Carpool Transit Bike Walk PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-3 neighborhood streets safe, reduce air quality and noise impacts, lessen the effects of climate change, and improve overall quality of life, the policies and programs in this Element must focus on providing convenient, affordable alternatives to the automobile. Facilitating a shift to alternative modes of transportation will require creative collaboration among transit agencies, employers, and local jurisdictions as well as residents and commuters themselves. Technology also has a role to play, whether providing up-to-the minute information to inform choices or in delivering new and better modes of travel. Improvements to the bicycling and pedestrian environment will help encourage more people to bike and walk on a regular basis. INNOVATION AND COLLABORATION Palo Alto is currently pursuing a number of innovative tools to increase transportation options for residents and workers. TRANSPORTATION DEMAND MANAGEMENT Transportation Demand Management (TDM) refers to strategies that improve transportation system efficiency and reduce congestion by shifting trips from single- occupant vehicles to collective forms of transport, including transit, carpools and shuttles. TDM programs can include a range of infrastructure investments and incentives for the use of alternatives to the automobile, as well as parking management initiatives and marketing. Employers and local governments often collaborate in developing and implementing TDM programs, and activities can be coordinated through a Transportation Management Association (TMA) made up of local businesses in a commercial district or industrial park. Stanford University operates one of the most comprehensive and successful TDM programs in the country for the University, Hospital and Research Park campuses. The program includes a commute club, the Marguerite Shuttle, EcoPass/GoPass and bicycle and vehicle rentals, among others, and encourages more efficient use of transportation infrastructure. In January 2015, the City of Palo Alto began the process to establish a TMA for the downtown area, in collaboration with local businesses and residents. ALTERNATIVE FUEL VEHICLES Alternative fuel vehicles—those that run on electricity, biodiesel, compressed natural gas and other alternatives to petroleum fuels—help reduce GHG emissions by utilizing cleaner fuels or zero emission alternatives. In 2014, the City of Palo Alto adopted an ordinance that requires electric vehicle (EV) – ready infrastructure for all PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-4 PRELIMINARY DRAFT – JULY 19, 2016 new commercial construction to encourage the use of electric vehicles and develop the infrastructure for this growing market. As the City continues this effort, additional infrastructure may be necessary. However, while alternative fuel vehicles do reduce GHGs, they are still a contributor to congestion. MOBILITY AS A SERVICE In this context mobility refers to the options that Palo Alto residents, employees and visitors have for getting to and from their destinations. The use of transportation services is beginning to replace private vehicle ownership in the region, led by a number of prominent ride sharing and e-hailing) car services like Uber and Lyft (the process of ordering transportation services via mobile device). Originating in Europe, the concept of “Mobility as a Service” (MaaS), allows on-demand trip planning enabled by smartphones and mobile devices and provided by "pop up" bus - car- and bike-sharing services. Palo Alto is partnering with Joint Venture Silicon Valley, the Santa Clara Valley Transportation Authority (VTA), and the City of San Jose to develop a MaaS/smartphone app (Commuter Wallet) that combines access to multiple transportation modes and employer commute benefits, incentivizinge non- single-occupant vehicle travel. PUBLIC TRANSIT Residents, workers, and visitors to Palo Alto have an array of transit options within the city and to the surrounding region. Maps T-1 and T-2 show the range of I2 I2 §¨¦280 |ÿ82 £¤101 Fo o t h i l l E x p r e s s w a y Mountain View East Palo Alto Stanford Los Altos Hills Menlo Park S A N F R A N C I S C O B A Y Mi d d l e f i e l d R o a d Los Altos Arastradero Preserve Baylands Preserve Byxbee Park Alm a S t r e e t El C a m i n o R e a l Oreg o n E x p r e s s w a y Embarcad e r o R o a d East Charleston Road Lou i s R o a d Wa v e r l y S t r e e t Seal e A v e n u e Loma V e r d e A v e n u e Chan n i n g A v e n u e East M e a d o w D r i v e San A n t o n i o R o a d Color a d o A v e n u e Willow R o a d Lin c o l n A v e n u e Hamilto n A v e n u e West C h a r l e s t o n R o a d Univ e r s i t y A v e n u e P A L O A L T O C O M P R E H E N S I V E P L A N T R A N S P O R T A T I O N E L E M E N T PR EL IM INA RY DR A FT M AP T- 1 R E G I O N A L T R A N S I T C O N N E C T I O N S I N P A L O A L T O 0 0.5 1 Miles Source: Palo Alto Unified School District, 2012; Santa Clara VTA, 2015; SamTrans, 2015; PlaceWorks, 2015. Caltrain Dumbarton Express Santa Clara Valley Transportation Authority (VTA) San Mateo County Transit (SamTrans) I2 Caltrain Stations Employment Districts Railroads Park/Open Space Public Conservation Land City Limit 35 34 40 120 88 51 522 101 102 103 DB DB1 85 295 83 22 32 32 89 182 104 824 52 California Ave Station Palo Alto Station To S a n J o s e To S a n F r a n c i s c o Stanford Medical Center San Antonio Rd/ Bayshore Corridor Stanford Research Park East Bayshore 522 296 297 280 281 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 "X "X Terman Middle Palo Alto High Greendell School Ohlone Elementary Hoover Elementary Henry M. Gunn High Addison Elementary Duveneck Elementary Escondido Elementary Palo Verde Elementary Fairmeadow Elementary El Carmelo Elementary Walter Hays Elementary Barron Park Elementary Lucille Nixon Elementary Juana Briones Elementary David Starr Jordan Middle Jane Lathrop Stanford Middle §¨¦280 |ÿ82 £¤101 Foo t h i l l E x p r e s s w a y Mountain View East Palo Alto Stanford Los Altos Hills Menlo Park S A N F R A N C I S C O B A Y Mi d d l e f i e l d R o a d Los Altos Baylands Preserve Byxbee Park California Ave Station Palo Alto Station Pag e M i l l R o a d Al m a S t r e e t El C a m i n o R e a l Oreg o n E x p r e s s w a y Embarcad e r o R o a d East Charleston Road Lo u i s R o a d Wa v e r l y S t r e e t Seal e A v e n u e Loma V e r d e A v e n u e Chan n i n g A v e n u e East M e a d o w D r i v e San A n t o n i o R o a d Colora d o A v e n u e Willow R o a d Lin c o l n A v e n u e Hamilto n A v e n u e West C h a r l e s t o n R o a d Univ e r s i t y A v e n u e P A L O A L T O C O M P R E H E N S I V E P L A N T R A N S P O R T A T I O N E L E M E N T PR EL IM INA RY DR A FT M AP T- 2 P A L O A L T O L O C A L T R A N S I T C O N N E C T I O N S Source: Palo Alto Unified School District, 2012; Santa Clara VTA, 2015; SamTrans, 2015; City of Palo Alto, 2015; Caltrain, 2015; PlaceWorks, 2015.Crosstown Shuttle Embarcadero Shuttle East Palo Alto Caltrain Shuttle Stanford Marguerite Shuttle Santa Clara Valley Transportation Authority (VTA) San Mateo County Transit (SamTrans) "X Caltrain Stations 5 Schools Railroads Employment Districts Commercial Centers Park/Open Space Public Conservation Land City Limit 0 0.5 1 Miles 182 297 102 103 88 22 824 32 35 522 89 PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-7 transit services in Palo Alto. Map T-1 focuses on regional transit options, which Map T-2 illustrates local transit options. Overall, regional transit is heavily used, while public transit services serving the local area are below capacity levels. Improving local services like shuttles to better match ridership needs could be one strategy to increase ridership and make more effective use of available capacity. RAIL SERVICE Caltrain is Palo Alto’s primary regional transit service, with riders traveling between San Francisco and Gilroy. Since introduction of the baby bullet limited express trains in 2003, ridership has more than doubled and today, Palo Alto’s University Avenue station is the second largest generator of weekday Caltrain trips, behind San Francisco’s 4th and King Street station. Long-range plans for the Palo Alto Station and the adjacent University Avenue underpass area will enhance pedestrian circulation and the station’s visibility. The planned Caltrain extension to the Transbay Terminal in downtown San Francisco will improve regional transit connections, and Caltrain electrification will speed service and increase capacity while decreasing noise and air pollution. As of late 2015, the San Mateo County Transit District (SamTrans) has re-initiated study of possible future rail service along the Dumbarton corridor, to link the Alameda County communities of Newark, Union City and Fremont with the San Mateo County communities of Redwood City, Menlo Park, and East Palo Alto via an existing, unused rail bridge across the San Francisco Bay. The study will also evaluate connections to Palo Alto and other cities in Santa Clara County. In November 2015, Palo Alto City Council adopted a Complete Streets resolution affirming the City’s longstanding commitment to design and construction of a comprehensive, integrated transportation network that allows safe and convenient travel along and across streets for all users, including pedestrians, bicyclists, persons with disabilities, motorists, movers of commercial goods, users and operators of public transportation, emergency vehicles, seniors, children, youth, and families. Council also adopted National Association of Transportation Officials (NACTO) guidelines for bikeway and urban street design, which incorporate Complete Streets best practices. Visual simulation of BRT operating on El Camino Real Source: VTA PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-8 PRELIMINARY DRAFT – JULY 19, 2016 BUS SERVICE Three transit providers, VTA, SamTrans, and AC Transit, provide bus service in Palo Alto, connecting residents to both local and regional destinations. The VTA operates local bus service within the city, with 14 bus routes in Palo Alto, and also offers connections to VTA light rail, Caltrain, Altamont Corridor Express (ACE) and AMTRAK Capitol Corridor. SamTrans operates bus service throughout San Mateo, San Francisco, and Santa Clara counties, helping to connect Palo Alto to other parts of the Peninsula and Silicon Valley. AC Transit’s Dumbarton Express provides express bus service between the East Bay and communities on the Peninsula. The VTA’s proposed El Camino Real Bus Rapid Transit (BRT) project aims to improve transit operations and increase transit ridership along the El Camino Real Corridor. With curbside stations and signal priority (“queue jumping”), BRT in shared travel lanes will provide faster, more reliable service with target stops and specialized transit vehicles and facilities. The El Camino Real BRT Corridor extends from Downtown San Jose (Arena Station) to Downtown Palo Alto (Palo Alto Transit Center) passing through the cities of Santa Clara, Sunnyvale, Mountain View and Los Altos. SHUTTLE SERVICE There are four types of shuttle services operating in Palo Alto, including the Stanford University Marguerite shuttle, the VTA shuttle, the City-operated Palo Alto Shuttle, and private employee shuttles which transit through Palo Alto offering transportation for employees to other job centers on the Peninsula. The Marguerite, run by Stanford University Parking and Transportation Services, is a free public service that connects the Stanford campus to the Palo Alto Caltrain Station and Downtown. The VTA provides low cost fare based service for residents of Santa Clara County. The Palo Alto Shuttle is a free wheelchair-accessible shuttle provided by the City to connect important destinations in the community, including Caltrain stations; the City is developing plans for enhanced service in response to community input. Marguerite and Palo Alto Shuttle routes are shown on Map T-1. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-9 FIRST/LAST MILE CONNECTIONS The concept of first/last mile connections refers to the level of accessibility to and from transit stations. Many people live or work within a mile from a transit station or bus stop; however, distance, perception of safety, and inconvenience may deter them from using transit. The Palo Alto shuttle also provides first/last mile connections to and from Caltrain stations, as does the provision of bike share facilities. For now, walking and biking remain the best first/last mile option for most of Palo Alto. Future improvements should focus on making walking and bicycling more efficient, comfortable and safe. In addition, improved shuttle service, ridesharing and other on-demand transportation services could be integrated into the City’s overall first/last mile connection strategy and beyond, through MaaS. BICYCLING AND WALKING California’s Complete Streets Act requires local jurisdictions to plan for land use transportation policies that reflect a “complete streets” approach to mobility. Complete streets policies and street design principles provide for the needs of all road users, including pedestrians, bicyclists, transit operators and riders, children, the elderly, and people of all ability levels. BIKING Palo Alto dedicated its formal bikeway system—one of the nation’s first—in 1972. Bikeways have since become commonplace and considerable progress has been made in overcoming barriers to bicycle travel in and around Palo Alto. Palo Alto’s bikeway network consists of on-road bicycle lanes, bicycle boulevards and bicycle routes, off-roadway shared-use paths and bridges, and bicycle parking facilities. Fourteen underpasses and bridges span barriers such as freeways, creeks, and railroad tracks. Map T-3 shows the existing and planned bikeway network in Palo Alto. Palo Alto is in a position to build on the existing network, significantly increasing PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-10 PRELIMINARY DRAFT – JULY 19, 2016 its proportion of travel by bicycle. The Palo Alto Bicycle + Pedestrian Transportation Plan, adopted in 2012 (BPTP 2012), contains a policy framework, design guidance, and specific recommendations to increase walking and biking rates over the next decade and beyond. BPTP 2012 encourages planning, construction, and maintenance of complete streets that are safe and accessible to all modes and people of all ages and abilities, incorporating best practices from the National Association of Transportation Officials (NACTO) Bikeway Design Guide. Future challenges include more routes for northeast- southwest travel and overcoming physical barriers like railroads and freeways. Better provisions for bicycles on transit enables bicycles as a first/last mile option, promoting the use both modes by increasing convenience and accessibility of destinations. WALKING Mode share data indicate that walking accounts for more trips than public transit in Palo Alto each day, yet is an often overlooked means of transportation. As shown on Map T-4, Palo Alto's pedestrians are generally well served by current facilities and will benefit from the attention given to street trees, walkable neighborhoods, and pedestrian- oriented design. The most needed improvements are to fill in the gaps in the sidewalk system, make intersection crossings “friendlier,” and overcome barriers to northeast-southwest travel. "X "X|ÿ82 £¤101 Foo t h i l l E x p r e s s w a y Mountain View East Palo Alto Stanford Menlo Park Mi d d l e f i e l d R o a d Baylands Preserve Byxbee ParkEa s t B a y s h o r e R o a d Page M i l l R o a d Mi d d l e f i e l d R o a d Charle s t o n R o a d Junipe r o S e r r a B o u l e v a r d Arbore t u m R d Quar r y R o a d Sa n t a C r u z A v e Alm a S t r e e t El C a m i n o R e a l Oreg o n E x p r e s s w a y Embarcade r o R o a d Lou i s R o a d Wa v e r l y S t r e e t Seal e A v e n u e Loma V e r d e A v e n u e Chan n i n g A v e n u e East M e a d o w D r i v e San A n t o n i o R o a d Colora d o A v e n u e Sand H i l l R o a d Lin c o l n A v e n u e Hamilto n A v e n u e Aras t r a d e r o R o a d Univ e r s i t y A v e n u e P A L O A L T O C O M P R E H E N S I V E P L A N T R A N S P O R T A T I O N E L E M E N T MA P T - 3 B I K E W A Y S I N P A L O A L T O Source: City of Palo Alto, 2016; PlaceWorks, 2016. 0 0.5 1 Mile Class I Multi-Use Path Park Trails Private Pathways Across Barrier Connection (ABC) Class II Bicycle Lane One-Way Bicycle Lane Enhanced Bikeway Class III Shared Roadway Class III Shared Arterial Bicycle Boulevard "X Caltrain Stations Park/Open Space Public Conservation Land Railroads City Limit Commercial "X Downtown Inset Existing Proposed Off-Street Dedicated On-Street Shared On-Street Center Al m a S t Bry a n t S t Mi d d l e f i e l d R d We b s t e r S t Univ e r s i t y A v e Ever e t t A v e Hom e r A v e PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION Source: City of Palo Alto, 2012. MAP T-4 EXISTING PEDESTRIAN FACILITIES Downtown Inset Existing Facilities and Programs | 3-5 Alta Planning + Design Chapter 3 Map 3-2: Existing Pedestrian Conditions Existing Facilities and Programs | 3-5 Alta Planning + Design Chapter 3 Map 3-2: Existing Pedestrian Conditions Existing Facilities and Programs | 3-5 Alta Planning + Design Chapter 3 Map 3-2: Existing Pedestrian Conditions PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-13 FUNDING IMPROVEMENTS Transportation infrastructure in Palo Alto is supported through the City’s Capital Improvement Program (CIP) and impact fees on new development. The CIP is approved on an annual basis by the City Council and may include projects such as roadway and other improvements to the circulation system. The Citywide Transportation Impact Fee, adopted in 2007, is designed to recover a portion of the costs associated with relieving traffic congestion associated with new development; the fee is calculated based on the number of additional vehicle trips generated. Three area-specific transportation impact fees also apply to portions of the city where high traffic volumes occur. These areas include San Antonio/West Bayshore, Stanford Research Park/El Camino Real CS Zone, and Charleston/Arastradero. A separate fee is charged in the Downtown Parking Assessment District for parking impacts. The goals, policies and programs contained in this Element seek to mitigate the impacts of future development, protect Palo Alto residents’ quality of life, and address region-wide transportation issues. In order to implement these policies and programs, the City is committed to evaluating additional funding options on a regular basis. Regular evaluation and assessment of transportation-related needs and resources can help ensure that Palo Alto achieves these goals. STREETS All modes of transportation in Palo Alto depend to some degree on the street network. The City’s street network has remained essentially unchanged since the 1960s, except for projects along the Sand Hill Road corridor, yet overall traffic volumes have increased. In the future, prioritizing multimodal transportation solutions and traffic calming can support a shift towards alternative transportation, thus increasing walking and biking on local streets. STREET CLASSIFICATIONS Palo Alto’s streets are categorized according to purpose, design and the volume of traffic they carry. This street hierarchy is defined below and is illustrated on Map T-5. Improvements to road surfaces, curbs, crossings, signage, landscaping, and sight lines must make streets safer for vehicles, but must consider the needs and safety of pedestrians and cyclists as well. "X "X §¨¦280 |ÿ82 £¤101 Mountain View East Palo Alto Stanford Los Altos Hills Menlo Park S A N F R A N C I S C O B A Y Los Altos El C a m i n o R e a l Fo o t h i l l E x p r e s s w a y Oreg o n E x p r e s s w a y Embarcad e r o R o a d Univ e r s i t y A v e n u e East Charleston Road San A n t o n i o R o a d Al m a S t r e e t Mi d d l e f i e l d R o a d California Ave Station Palo Alto Station Source: City of Palo Alto, 2013; PlaceWorks, 2014. P R E L I M I N A R Y D R A F T M A P T - 5 ROADWAY NETWORK P A L O A L T O C O M P R E H E N S I V E P L A NT R A N S P O R T A T I O N E L E M E N T 0 0.25 0.5 Miles Local/Collector Residential Arterial Arterial Expressway Freeway Railroads "X Caltrain Stations Parks Public Conservation Land Sphere of Influence City Boundary PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-15 §¨¦280 |ÿ82 £¤101 Foo t h i l l E x p r e s s w a y Mountain View East Palo Alto Stanford Menlo Park Mi d d l e f i e l d R o a d Baylands Preserve Byxbee Park Ea s t B a y s h o r e R o a d Page M i l l R o a d Mi d d l e f i e l d R o a d Charle s t o n R o a d Junipe r o S e r r a B o u l e v a r d Arbore t u m R d Quar r y R o a d Sa n t a C r u z A v e Alm a S t r e e t El C a m i n o R e a l Oreg o n E x p r e s s w a y Embarcade r o R o a d Lou i s R o a d Wa v e r l y S t r e e t Seal e A v e n u e Loma V e r d e A v e n u e Chan n i n g A v e n u e East M e a d o w D r i v e San A n t o n i o R o a d Colora d o A v e n u e Sand H i l l R o a d Lin c o l n A v e n u e Hamilto n A v e n u e Aras t r a d e r o R o a d Univ e r s i t y A v e n u e !6 !1 !20 !18 !15 !9 !8 !7 !5 !4 !3 !2 !19 !17 !16 !14 !13 !12 !11 !10 P A L O A L T O C O M P R E H E N S I V E P L A N T R A N S P O R T A T I O N E L E M E N T MA P T - 6 M O N I T O R E D I N T E R S E C T I O N S Source: City of Palo Alto, 2016; PlaceWorks, 2016.Park/Open Space Public Conservation Land Railroads City Limit 0 0.5 1 Mile 1. Middlefield/University2. Middlefield/Embarcadero3. Middlefield/Oregon (CMP)4. Middlefield/Colorado5. Middlefield/Charleston6. Middlefield/San Antonio (CMP)7. El Camino Real/Alma/Sand Hill (CMP)8. El Camino Real/University/Palm9. El Camino Real/Embarcadero (CMP)10. El Camino Real/Page Mill (CMP)11. El Camino Real/Arastradero/Charleston (CMP)12. El Camino Real/San Antonio (CMP) (Mountain View)13. Santa Cruz/Sand Hill Road (Menlo Park)14. Foothill/Junipero Serra/Page Mill (CMP)15. Foothill/Arastradero (CMP)16. Alma/Charleston17. Arboretum/Quarry18. San Antonio/Charleston(CMP)19. Embarcadero/East Bayshore20. University/Woodland (East Palo Alto) Palo Alto Monitored Intersections (CMP) denotes Santa Clara County VTA Congestion Management Plan intersection. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-17 ROADWAY AND INTERSECTION IMPROVEMENTS [To be updated when Preferred Alternative and associated roadway improvements are identified]. Efficient traffic circulation on major streets is a priority in Palo Alto, as is minimizing the diversion of through-traffic onto local residential streets. Intersections are the most constricted points on the network and tend to see the highest levels of congestion during the peak morning and afternoon commute periods. For that purpose, several key intersections and roadways segments, as shown on Map T-6, have been identified for monitoring. A challenge is to balance the free flow of traffic with the safety of pedestrians and cyclists of all abilities, as well as with residents’ desire to maintain low traffic speeds on residential arterials. Most future improvements will be made within existing rights- of-way at intersections and will provide relatively small increases in roadway capacity. Intersection improvements are planned only at the major intersections noted below. Additional turning lanes and other related changes are proposed at the following major intersections in Palo Alto: [list to be determined based on final decisions about the locations of future development] LEVEL OF SERVICE Level of Service (LOS) is a way of measuring traffic congestion based on average control delay per vehicle, and in some analyses, based on the ratio of the volume of traffic to the capacity of the road. LOS A is a free-flowing condition for cars and LOS F is an extreme congestion condition, with traffic volumes at or over capacity. LOS Vehicle miles traveled (VMT) is an indicator of the level of traffic on the roadway system by motor vehicles. VMT is estimated for the given period of time - for example daily or annually. The estimate is based on both traffic volume counts and roadway length. As population increases, so does VMT; however, other factors that contribute to a rise in VMT include economic growth, relatively affordable auto travel costs, tourism, low levels of public transit, and sprawl. As the amount of auto travel increases, the time wasted on congested roadways, the energy used by the vehicles and total costs of auto travel increase accordingly. PALO ALTO’S STREET HIERARCHY Freeway: Major roadway with controlled access; devoted exclusively to traffic movement, mainly of a through or regional nature. Expressway: Major roadway with limited access to adjacent properties; devoted almost exclusively to traffic movement, mainly serving through- traffic. Arterial: Major roadway mainly serving through-traffic; takes traffic to and from expressways and freeways; provides access to adjacent properties. Residential Arterial: Major roadway mainly serving through-traffic; takes traffic to and from express- ways and freeways; provides access to adjacent properties, most of which are residential properties located on both sides of the roadway with direct frontages and driveways on that roadway. Collector: Roadway that collects and distributes local traffic to and from arterial streets, and provides access to adjacent properties. Local: Minor roadway that provides access to adjacent properties only. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-18 PRELIMINARY DRAFT – JULY 19, 2016 definitions for signalized intersections are shown in Table T-1. Intersections in the city are subject to its LOS standards, and the City will continue to use vehicular LOS when evaluating development applications, including a project’s potential contribution to overall LOS. TABLE T-1 SIGNALIZED INTERSECTION LOS DEFINITIONS BASED ON AVERAGE DELAY LOS Average Control Delay Per Vehicle (Seconds) A 10.0 or less B 10.1 to 20.0 C 20.1 to 35.0 D 35.1 to 55.0 E 55.1 to 80.0 F Greater than 80.0 Source: Transportation Research Board, 2000 Highway Capacity Manual. Washington, D.C. 2000. VEHICLE MILES TRAVELED (VMT) Transportation planning analyses used by cities to describe traffic and roadway and intersection operation, both for infrastructure planning and for new development projects, are evolving away from the traditional Vehicle Level of Service (LOS) metric towards a multi-modal perspective based on Vehicle Miles Traveled (VMT). Senate Bill 743, passed in 2013, requires impacts from new development on transportation network performance to be viewed through a filter that promotes the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. This evolution acknowledges the fact that designing roadways primarily to serve vehicle travel is not a sustainable transportation approach and can have negative consequences for those travelling by other modes. This Bill will also shift the State away from LOS as the metric for evaluating transportation impacts under the California Environmental Quality Act (CEQA)., This shift recognizes that prioritizing the free flow of cars over any other roadway user contradicts State goals to reduce GHGs. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-19 Utilizing both LOS and VMT metrics provides the City with a comprehensive view to address traffic and to reflect its sustainability goals. Shorter and fewer vehicle trips to, from and within Palo Alto become an important measure in relation to greenhouse gas emissions. While LOS describes local-level impacts at a specific location, VMT describes network-wide impacts by measuring the number of miles traveled by motor vehicles within an area. VMT per capita divides the total amount of VMT by the population living and working in a community. In the Bay Area, a common pattern in jobs-rich communities like Palo Alto is that community-wide VMT is high because many workers must travel into the City from far away, and not all can meet their needs by using transit. VMT per capita is used to account for changes in population and employment over time and helps measure how far people travel to get to work, get home, and meet daily needs, while adjusting for increases in VMT due only to increased housing or employment. , In summary, VMT can help identify how new development projects may influence accessibility and emissions, while vehicle LOS can still help identify impacts on users of the local roadway network. Together, these measures can inform efforts to reduce commute lengths and enhance the availability of alternative transportation options. MULTIMODAL LEVEL OF SERVICE Some communities are exploring how to apply the concept of level of service, which has focused exclusively on cars for the past several decades, to transit, bikes, and pedestrians in order to better understand and support alternative modes of transportation. Multimodal level of service (MMLOS) applies the concept of LOS to all modes of travel. Within Santa Clara County, in response to State laws that require planning for complete streets and deprioritize vehicular LOS as a metric for transportation analysis, VTA is developing guidelines for multimodal transportation planning to include in all transportation studies, and the City of Palo Alto will have an opportunity to participate in this effort. One possible outcome could be the adoption of metrics for safety, convenience, and delay for transit, bicycles, and pedestrians similar to the LOS standards the City has adopted for cars. RAIL CORRIDOR Palo Alto is bisected by the Caltrain rail corridor, which provides important connections to the wider Bay Area; however, it also creates a significant barrier to local connectivity and circulation. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-20 PRELIMINARY DRAFT – JULY 19, 2016 GRADE SEPARATION To enhance local connectivity, improve pedestrian and bicycle circulation, and increase safety, the City of Palo Alto is considering conceptual grade separation alternatives for a portion of the Caltrain right-of-way. Recent studies have focused on three existing at-grade crossings at Charleston, Meadow, and Churchill, however there is significant interest in analyzing and pursuing grade separations at Alma Street as well, in addition to possible establishment of a “quiet zone” for the near term. Trenching the Caltrain corridor from San Antonio to the Oregon Expressway is the City’s preferred option for grade separation. Although the potential cost of this option to reroute existing creeks and add infrastructure pump stations would be higher than the option of submerging the roadway at key intersections, grade separation would prevent the taking of existing homes and partial property acquisitions, elimination of turning movements, and would result in less visual impacts at each intersection than submerging the roadway at key intersections due to the large footprint of the submerged segments. NEIGHBORHOOD IMPACTS Most Palo Alto streets are bordered by residential land uses. Citizens’ concerns reflect chronic problems like speeding, commuter shortcutting, and too much traffic. The City has designated some streets as residential arterials to recognize that they carry large volumes of through-traffic but also have residential uses on both sides of the street. The objective is to address the desires of residents of these streets who would like to have slower speeds, safer conditions for bicycles and pedestrians, and aesthetic improvements. This must be done economically and without appreciably reducing traffic capacity or diverting traffic onto other local neighborhood streets. Additionally, to address community concerns, the City has developed a Traffic Intrusion on Residential Environments (TIRE) methodology that estimates resident perception of traffic impacts based on anticipated average daily traffic growth. Although not required under the California Environmental Quality Act or pursuant to VTA guidelines, the City of Palo Alto uses the TIRE index to measure the impact of traffic on residents along a street. The Traffic Infusion on Residential Environment (TIRE) index is a measure of the effect of traffic on the safety and comfort of human activities, such as walking, cycling, and playing on or near a street and on the freedom to maneuver vehicles in and out of residential driveways. The TIRE index scale ranges from 0 to 5 depending on daily traffic volume. An index of 0 represents the least infusion of traffic and 5 the greatest, and thereby, the poorest residential environment. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-21 TRAFFIC CALMING Traffic calming refers to projects that make permanent, physical changes to streets to slow traffic and/or reduce volumes, thus improving their safety and addressing residents’ concerns. Traffic calming measures can reduce speeds and return some through-traffic from local and collector streets to nearby arterials. Traffic calming also includes education and enforcement measures that promote changes in driver behavior. Where warranted by traffic conditions and residents’ desires, Palo Alto’s policy is to implement physical changes to local and collector streets that slow traffic close to the 25 miles per hour (mph) residential speed limit. Physical changes implemented are safe and take into account the needs of all road users. Some examples of traffic calming measures include: Curb and Sidewalk Design. In many of the areas of Palo Alto built since World War II, an integral curb and sidewalk design was used, resulting in sidewalks immediately next to traffic lanes. Adding planting pockets and street trees would promote pedestrian use and also provide visual cues to drivers to reduce speeds. Lane Reductions. In commercial areas, it may be feasible to reduce the number of lanes for through-traffic without losing too much traffic handling capacity. In these areas, curb lanes are often not very useful for through-traffic since they may be blocked or slowed by cars turning into and out of driveways and parking spaces. Street Closures. Street closures are effective at eliminating through-traffic, especially when safety issues are involved. They may be a necessary design element for a bicycle boulevard or transit mall, but closures can often be controversial because they disrupt the traditional neighborhood street grid, and may shift traffic to adjacent streets. PARKING A comprehensive parking strategy is an important component of the overall effort to reduce traffic congestion, protect the livability of residential neighborhoods, and support local businesses. The overarching objective of the strategy is to provide parking as needed to sustain economic vitality in the commercial centers and employment districts, while over time implementing initiatives to reduce motor vehicle parking demand and provide new bicycle parking facilities. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-22 PRELIMINARY DRAFT – JULY 19, 2016 MOTOR VEHICLE PARKING The parking strategy articulated in this plan involves a phased approach. In the near- term, the focus will be on conducting needs assessments, which establish a baseline for adequate parking in each of the city's commercial centers and employment districts under current conditions, and creating parking management strategies, which optimize the use of existing parking spaces. In the mid- to long-term, as it becomes easier and more convenient to walk, bike, rideshare and use transit, and as the effectiveness of parking management programs can be measured, the focus will shift to recalibrating parking supply. Bridging between these two phases will require identifying performance standards for transit, walking, ridesharing and bicycling that represent the thresholds at which point mechanisms to phase in updated parking requirements and reduce space allocated to parking over time should be considered. Parking management can be done in a number of ways, including optimizing use of existing spaces and incentivizing use of alternatives to the automobile. Technology is central to optimizing the use of existing spaces, and the City is already committed to installing parking guidance systems that give drivers real-time information on the number and location of available spaces, and to developing clear logos and wayfinding signage to help people access public parking efficiently. Shared parking arrangements that allow different users to use the same spaces at alternate times - for example, employees in the daytime and restaurant patrons at night - can also optimize the use of existing spaces. Improving transit service, providing safe, convenient bicycle parking and enhancing the pedestrian realm can incentivize the use of transportation modes that don't require vehicle parking, while charging for parking makes it more likely that people will carpool, take transit, walk or bike. The City has already begun to pilot new programs and gauge the effectiveness of parking management strategies in coordination with other transportation demand management initiatives. This plan seeks to set the stage for continued innovation and experimentation in both the public and private sectors to develop effective solutions. Over time, carefully managing parking supply can significantly reduce the number of parking spaces needed, moderate traffic congestion, reduce the costs of providing parking, encourage transit and sustainable transportation choices and support Palo Alto’s goals for livable neighborhoods. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-23 BICYCLE PARKING As the City continues to implement its parking strategy over the mid- to long-term of this plan, bicycle use will be promoted by increasing the number of safe, attractive, and well-designed bicycle parking spaces in Palo Alto. Priority areas of the city include heavily travelled mixed-use areas, commercial centers, employment districts, recreational/cultural facilities, multi-modal transportation facilities and ride share stops. In addition, the City will identify ways to incentivize the provision of bicycle parking near existing shops, services and places of employment in collaboration with private sector partners and in City-owned parking lots and rights of ways. Further actions will be guided through implementation of the 2012 Bicycle + Pedestrian Transportation Plan. ROAD SAFETY Traffic safety will continue to be among the City’s top priorities in the future. City officials, city employees and community members are committed to working together to build better and safer streets, educate the public on traffic safety, enforce traffic laws, and adopt policy changes that save lives. The City is undertaking a comprehensive traffic safety program, and partners with Palo Alto Unified School District and the Palo Alto Parent Teacher Association (PTA) on a Safe Routes to School Program that encourages families to walk, bike, take transit and use other alternatives to driving to school more often and to reduce the risk of collisions for students. A new approach to roadway safety that has proven to be successful in substantially reducing traffic-related fatality rates without compromising mobility is the Vision Zero Initiative, developed in Sweden. At the core of this approach is the concept of shifting responsibility for safety from roadway users to the design of the roadway system. While local conditions and traffic culture in Palo Alto are different than in Sweden, the Vision Zero Initiative could potentially offer ideas and lessons for Palo Alto to draw on in pursuing the goal of roadway safety for all users. TRANSIT-DEPENDENT COMMUNITY Young people, seniors, people with low incomes, and people with limited mobility all have special transportation needs. Palo Alto is committed to providing reasonable accessibility and mobility for all members of the community, including those who depend on transit because they cannot drive or choose not to. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-24 PRELIMINARY DRAFT – JULY 19, 2016 SENIORS As the baby boomer generation (i.e., those born between 1946 and 1964) ages, more and more people will forego driving or become unable to drive. Without proper access to affordable transit or families, friends, and/or neighbors who can provide rides, seniors face an increased risk of social and physical isolation. VTA offers seniors 65 and over a discounted Regional Transit Connection Card. In addition, Outreach, a non-profit organization that serves seniors and people with disabilities, offers transportation services in Santa Clara County, including a subsidized transit pass and subsidized taxi rides. While Outreach provides an important service to the community, there is a daily cap on the number of rides offered so all user requests may not be accommodated. PEOPLE WITH LIMITED MOBILITY VTA’s paratransit services are also provided by Outreach. Riders may reserve paratransit trips from one to three days in advance, between 8:00 a.m. and 5:00 p.m. for service the next day. However, paratransit services are limited to a ¾-mile corridor around the VTA bus routes and light rail stations. For travel outside of the service area, customers must arrange a transfer to the paratransit operator. UNIVERSAL DESIGN The principle of universal design for mobility is to achieve roadways and sidewalks that can accommodate people of all abilities and all users, including automobiles, pedestrians, bicyclists. Examples of universal design to support people with disabilities include placing pedestrian push buttons at wheelchair level, audible pedestrian crossing systems, sidewalk curb ramps, increasing pedestrian crossing times, sidewalk widths of 6 feet or greater, roadway and sidewalk materials that reduce slipping and add stability, minimizing driveway crossings and obstructions, and avoiding steep grades and slopes. ECONOMIC DISADVANTAGE In 2012, HUD considered a household (family of four) earning $75,700 or less and living in Santa Clara County to be low-income, $52,500 or less to be very low- income, and $31,500 or less to be extremely low income. As described in the adopted Housing Element (2014-2023), approximately 21 percent of households in Palo Alto are low, very low, or extremely low income; 2 percent do not own a car.1 1 U.S Census Bureau, 2014 ACS 5-year estimate. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-25 These households rely on transit to reach work, including evening, nighttime and weekend shifts, and to meet other daily needs. Expanding access to public transportation services in Palo Alto during off-peak hours, including the Shuttle, is one strategy that can improve accessibility and mobility. REGIONAL COLLABORATION Increasing population and traffic congestion over the past 20 years have required an increased emphasis on regional solutions to transportation issues. A regional approach is needed to avoid local solutions that simply shift the problem elsewhere or produce unintended results. Transportation facilities like Caltrain or the Bayshore Freeway need to be managed on a regional basis. Palo Alto is actively participating with other communities and Caltrain on Caltrain electrification, formally known as the Peninsula Corridor Electrification Project (PCEP), which will replace existing diesel trains with electric ones along the 51-mile Caltrain corridor and enable Caltrain to both increase the number of trains it runs and run longer trains. While these changes offer benefits to regional commuters, they are also expected to increase crossing delays and congestion at local intersections in Palo Alto. CONGESTION MANAGEMENT PLAN Palo Alto has been an active participant in the Santa Clara County VTA Congestion Management Program (CMP). The CMP is the primary mechanism for transportation planning and funding. Palo Alto representatives also participate leadership in numerous Bay Area regional bodies affecting transportation, including the Metropolitan Transportation Commission (MTC), Association of Bay Area Governments (ABAG), and the Bay Area Air Quality Management District (BAAQMD), and the California Department of Transportation (Caltrans). HOV LANES High Occupancy Vehicle (HOV) lanes are used as a traffic management strategy to reduce congestion on freeways and improve air quality. HOV lanes are reserved at peak travel times or longer for the exclusive use of vehicles with a driver and one or more passengers; although motorcycles and some alternative fuel and transit vehicles may also use the lanes. There are about 174 miles of freeway carpool lanes in Santa Clara County, including 84 miles along US 101 between the Palo Alto and Morgan Hill. PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-26 PRELIMINARY DRAFT – JULY 19, 2016 GOALS, POLICIES, AND PROGRAMS SUSTAINABLE TRANSPORTATION GOAL T-1 Create a sustainable transportation system, complemented by a mix of land uses, that emphasizes walking, bicycling, use of public transportation, and other methods to reduce greenhouse gas emissions and the use of single occupancy motor vehicles. REDUCING RELIANCE ON SINGLE-OCCUPANT VEHICLES Policy T-1.1 Take a comprehensive approach to reducing single-occupant vehicle trips by involving those who live, work and shop in Palo Alto in developing strategies that make it easier and more convenient not to drive. [NEW POLICY] [T1] Policy T-1.2 Collaborate with Palo Alto employers and business owners to develop, implement and expand comprehensive programs to reduce single- occupant vehicle commute trips, including through incentives. [(PTC Policy T1.7) (Edited) (Previous Policy T-3 & Program T-5) (Merged & Edited)]. [T2] Create a long-term education program to change Program T1.2.1 the travel habits of residents, visitors, shoppers, and workers by informing them about transportation alternatives, incentives, and impacts. Work with the Palo Alto Unified School District and with other public and private interests, such as the Chamber of Commerce and Commuter Wallet partners, to develop and implement this program. [Previously Program T-8]. [T3] Formalize the City’s Transportation Demand Program T1.2.2 Management (TDM) program by establishing an ordinance that outlines when TDM should be applied to employers, what performance metrics are required, and how compliance will be measured and enforced. The ordinance should also: [T4] Transportation Demand Management Strategies are also referenced under T-110, 138 and 196. Will be updated to reflect final numbers. Transporta Strategies Mobility a software-b mobility so seamless, transporta alternative The “Mob aggregat smartphon and subsc transporta strategy th parking d carbon fo various tra for residen PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-27 Establish a list of acceptable TDM measures that include transit use, prepaid transit passes, commuter checks, car sharing, carpooling, parking cash-out, bicycling, walking, and education and outreach to support the use of these modes. Provide a system for incorporating alternative measures as new ideas for TDM are developed. [(PTC Program T.1.7.1) (Edited)] Establish a mechanism to monitor the success of TDM measures and track the cumulative reduction of peak period motor vehicle trips through the following method: o Allow contracting between developments or organizations so that trips to/from one site can be offset by reductions on another for a net reduction within Palo Alto. Evaluate the performance of pilot programs Program T1.2.3 implemented by the Downtown Transportation Management Association and consider expanding to other areas of the city as appropriate. [T5] Review existing regulations, policies, and programs Program T1.2.4 to identify revisions that encourage telecommuting, satellite office concepts, and work-at-home options. [(PTC Program T1.7.3) (Previous Program T-12) (Edited)]. [T6] REDUCING GREENHOUSE GAS EMISSIONS Policy T-1.3 Reduce GHG and pollutant emissions associated with transportation by reducing vehicle miles traveled and per-mile emissions through increasing transit options and through the use of zero-emission vehicle technologies to meet City and State goals for GHG reductions by 2030. [(PTC Policy T-1.1) (Edited)] [T7] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-28 PRELIMINARY DRAFT – JULY 19, 2016 Develop an electric vehicle promotion program that Program T1.3.1 identifies policy and technical issues, barriers and opportunities to the expansion of electric vehicles. [NEW PROGRAM] [T8] Work with transit providers, including SamTrans Program T1.3.2 and VTA, to encourage the adoption of electric, fuel cell or other zero emission vehicles. [NEW PROGRAM] [T9] Policy T-1.4 Ensure that electric vehicle charging infrastructure is available citywide. [T10] Review the Zoning Ordinance and update as Program T1.4.1 needed to ensure compatibility with the electric vehicle infrastructure ordinance, including parking technology improvements such as vehicle lifts and electronic monitoring. [(PTC Program T4.7.1) (Edited)] [T11] Further encourage the installation of facilities that Program T1.4.2 support alternative fuel vehicles by periodically reviewing requirements for electric and plug-in vehicle infrastructure in new construction. Consider and periodically review requirements for electric and plug-in infrastructure for remodels. Consider costs to the City, including identifying payment options. [(PTC Program T1.2.1) (Edited)] [T12] INCREASING TRANSIT USE Policy T-1.5 Improve and support transit access to regional destinations, multimodal transit stations, employment centers and commercial centers, including those within Palo Alto through the use of efficient public and/or private transit options such as rideshare, local shuttles, and first/last mile connections. [(PTC Policy T1.11) (Previous Policy T- 6) (Edited)] [T13] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-29 Collaborate with transit providers, including Program T1.5.1 Caltrain, bus operators and rideshare companies, to develop first/last mile connection strategies that boost the use of transit and shuttle service for local errands and commuting. Focus on connections to/from major corridors such as East and West Bayshore Road, Alma Street, El Camino Real and Embarcadero Road, [NEW PROGRAM] [T21] and [T22] continue to work with Caltrain, Amtrak, and public bus operators to expand bicycle storage on public transit vehicles during both peak and off- peak hours. [(NEW POLICY) (Previous Program T- 27)] [T14] Policy T-1.6 Support efforts to coordinate train, bus, and shuttle schedules at multi- modal transit stations, and other transit information centers, to enable efficient transfer among public transit modes. [(PTC Policy T1.15) (Previous Policy T-11) (Edited)] [T15] Policy T-1.7 Work to ensure public and private school commute patterns are accommodated in the local transit system, including through schedule and route coordination. ([PTC Policy T1.13) (Previous Policy T-9) (Edited)] [T16] Policy T-1.8 Continue to encourage the provision of amenities such as seating, lighting, and signage, including real-time arrival information, at bus and shuttle stops and train stations to increase rider comfort, safety, and convenience. [(PTC Policy T1.14) (Previous Policy T-10) (Edited)] [T17] ENHANCING RAIL AND BUS SERVICE Policy T-1.9 Support Caltrain modernization and electrification, capacity enhancements and extension to Downtown San Francisco. [(PTC Policy T7.16) (Previous Program T-17) (Program changed to Policy) (Edited)] [T18] Policy T-1.10 Support continued enhancement of the Caltrain stations as important transportation nodes for the city. [(PTC Policy T1.10) (Previous Policy T-5) (Edited)] [T19] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-30 PRELIMINARY DRAFT – JULY 19, 2016 Collaborate with Caltrain and Stanford University, Program T1.10.1 per existing agreements with the City, to explore station improvements, including maintenance and circulation and access improvements for all modes. [(PTC Program T1.10.2) (Edited)] [T20] Work with Caltrain to address commuter parking Program T1.10.2 intrusion into surrounding neighborhoods. Prioritize solutions such as shuttle services, considering parking structures only as an option of last resort. [(PTC Program T1.10.3) (Edited)] [T21] In collaboration with Caltrain and Stanford Research Program T1.10.3 Park, study the feasibility of baby bullet service to the California Avenue Caltrain Station, supplemented by connections from the station to the Stanford Research Park, as a way to incentivize use of transit by employees commuting to jobs in the Research Park. Baby bullet trains stopping at California Avenue should complement baby bullets stopping at Palo Alto Station, and be connected to shuttle routes and other first-mile/last-mile solutions. [NEW PROGRAM] [T22] Policy T-1.11 Collaborate with transit agencies in planning and implementing convenient, efficient, coordinated and effective bus service in Palo Alto that addresses the needs of all segments of our population. [NEW POLICY] [T23] Policy T-1.12 Study the feasibility of, and if warranted provide, traffic signal prioritization for buses at Palo Alto intersections, focusing first on regional transit routes. Also, advocate for bus service improvements on El Camino Real such as queue jump lanes and curbside platforms. [EIR Mitigation Measure TRANS-6] [T24] SHUTTLE SERVICE, RIDESHARING AND FIRST/LAST MILE CONNECTIONS Policy T-1.13 Encourage services that complement and enhance the transportation options available to help Palo Alto residents and employees make first/last mile connections and travel within the city for daily needs without using a single occupancy vehicle, including shuttle, taxi and ridesharing services. [(PTC Policy T.17) (Previous Policy T-13)] [T25] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-31 Investigate a pilot program to subsidize a taxi, Program T1.13.1 rideshare, or transit program for Palo Altans to get to/from downtown, including offering education and incentives to encourage users. [T26] Policy T-1.14 Continue the Palo Alto Shuttle Program and work with partners to enhance service by increasing frequency and prioritizing destinations of value to the community, including health centers, parks, schools, senior centers, and shopping areas and other places where residents gather. [(PTC Policy T1.9) (Edited) (Previous Policy T-4) (Edited)] [T27] Conduct a comprehensive study of the shuttle Program T1.14.1 system in collaboration with community members, people with special needs, and PAUSD to: Evaluate current routes and ridership; Identify potential service improvements, including new or modified routes; expanded schedules that accommodate daytime, evening, and weekend demand; facilitating transit connections, and improvements to the safety and appearance of shuttle stops; Explore partnerships with other services that could complement and supplement the Palo Alto Shuttle; Develop clear and engaging materials to explain and promote shuttle use with the purpose of reducing barriers to use; and Establish a schedule for regular evaluation and reporting to optimize shuttle system use and effectiveness. Policy T-1.15 Encourage employers to develop shared shuttle services to connect employment areas with the multi-modal transit stations and City amenities, and to offer employees education and information on how to use shuttles. [(PTC Policy T1.12) (Previous Policy T-8)] [T28] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-32 PRELIMINARY DRAFT – JULY 19, 2016 BICYCLING AND WALKING Policy T-1.16 Promote bicycle use as an alternative way to get to work, school, shopping, recreational facilities and transit stops. [NEW POLICY] [T29] Allocate funding for regular surveys of bicycle use Program T1.16.1 across the city, by collecting bicycle counts on important and potential bicycle corridors. [NEW PROGRAM] [T30] Consider marketing strategies, such as a recurring Program T1.16.2 Palo Alto Sunday Streets program of events potentially in coordination with local business groups, which would include street closures and programming. [NEW PROGRAM] [T31] Encourage private schools within the community to Program T1.16.3 develop Walk and Roll Maps as part of Transportation Demand Management strategies to reduce vehicle trips. [NEW POLICY] [T32] Support local and regional encouragement events Program T1.16.4 such as Palo Alto Walks & Rolls, Bike to Work Day, and Bike Palo Alto! that encourages a culture of bicycling and walking as alternatives to single occupant vehicle trips. [NEW PROGRAM] [T33] Policy T-1.17 Require new office, commercial, and multi-family residential developments to provide improvements that improve bicycle and pedestrian connectivity as called for in the 2012 Bicycle + Pedestrian Transportation Plan. [(PTC Policy T1.20) (Previous Policy T-15) (Edited)] [T34] Policy T-1.18 Increase cooperation with surrounding communities and other agencies to establish and maintain off-roadway bicycle and pedestrian paths and trails that are integrated with creek, utility, railroad rights-of- way and green spaces in a manner that helps enhance and define the community and avoids environmental impacts. [(PTC Policy T1.22) (Edited) (Previous Policy T-17, L-66 & L-68) (Merged & Edited)] [T35] Policy T-1.19 Provide facilities that encourage and support bicycling and walking. [NEW POLICY] [T36] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-33 Adjust the street evaluation criteria of the City's Program T1.19.1 Pavement Management Program to ensure that areas of the road used by bicyclists are maintained at the same standards as, or at standards higher than, areas used by motor vehicles. [Previously Program T-28] [T37] [Formerly Program T1.20.1] Prioritize investments for enhanced pedestrian Program T1.19.2 access and bicycle use within Palo Alto and to/from surrounding communities, including by incorporating improvements from related City Plans, for example the 2012 Bicycle + Pedestrian Transportation Plan and the Parks, Trails & Open Space Master Plan, into the capital improvements plan. [PTC Policy T1.19] [T38] Increase the number of east-west pedestrian and Program T1.19.3 bicycle crossings along Alma Street, particularly south of Oregon Expressway. [PTC RC Policy 3.1] [T39] Encourage the use of bike sharing and support the Program T1.19.4 provision of bike share stations throughout Palo Alto, especially adjacent to transit stations and stops. [(PTC Policy T1.18) (NEW POLICY)] [T40] Improve amenities such as seating, lighting, bicycle Program T1.19.5 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. [Previously Policy T-22] [T41] Policy T-1.20 Regularly maintain off-roadway bicycle and pedestrian paths, including sweeping, weed abatement, and surface maintenance. [Previously Program T-29] [T42] Develop cooperative programs with the City and Program T1.20.1 businesses that promote good community stewardship by keeping sidewalks clean in the University Avenue/Downtown and California Avenue business districts, and other centers. [Previously Program T-30] [T43] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-34 PRELIMINARY DRAFT – JULY 19, 2016 Policy T-1.21 Maintain pedestrian- and bicycle-only use of alleyways Downtown and in the California Avenue area where appropriate. [(PTC Policy T1.26) (Edited) (Previous Policy T-21) (Edited)] [T44] MONITORING PROGRESS Policy T-1.22 Continue to measure the effectiveness of the City’s transportation network to make better decisions on transportation issues. [(PTC Policy T1.8) (Edited)] [T45] Collect, analyze and report transportation data Program T1.22.1 through surveys and other methods, to evaluate implementation of related policies on a regular basis. [NEW PROGRAM] [T46] Policy T-1.23 Monitor VMT per capita citywide as a measure of progress toward sustainability goals. [NEW POLICY] [T47] Policy T-1.24 Monitor and publicly report on the level of service at critical intersections (as shown on Map T-5) on a regular basis and consider additional intersections to add to this list to monitor the effectiveness of the City's growth management policies. [(PTC Program T2.10.2 & T2.10.3) (Merged & Edited)] [T48] FUNDING IMPROVEMENTS Policy T-1.25 Evaluate transportation funding measures periodically for ongoing transportation improvements that will help mitigate the impacts of future development and protect residents’ quality of life. [NEW POLICY] [T49] As part of the effort to reduce traffic congestion, Program T1.25.1 regularly evaluate the City’s current Transportation Impact Fee to implement transportation projects, and consider new fees that new development projects must pay to the City for use in reducing motor vehicle trips to the extent feasible through the provision of transit services, shuttles, carpool/rideshare incentives, bicycle lanes, and similar programs and improvements. [PTC Program T2.10.8] [T50] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-35 Policy T-1.26 Collaborate with adjacent communities to ensure that Palo Alto and its immediate neighbors receive their fair share of regional transportation funds, proportional to the need and demand for transportation improvements within these communities to address region-wide transportation issues. [staff suggestion] [T51] In collaboration with regional agencies and Program T1.26.1 neighboring jurisdictions, identify and pursue funding for rail corridor improvements and grade separation. [NEW PROGRAM] [T52] Policy T-1.27 Collaborate with public interest groups as well as federal, State, and local governments to study and advocate for transportation regulatory changes, such as an increase in the gasoline tax. [Previously Policy T- 50] [T53] TRAFFIC CONGESTION [Previously Goal T-9; moved to Goal T-2 based on CAC input.] GOAL T-2 Decrease congestion and vehicle miles travelled with a priority on our worst intersections and our peak commute times, including school traffic. Policy T-2.1 Working with congestion management authorities including the Valley Transportation Authority (VTA) and the City/County Association of Governments of San Mateo County (C/CAG), implement traffic management strategies and technologies, such as signal coordination, centralized traffic control, red-light, and speed enforcement cameras, and real-time travel information, to reduce traffic congestion in and around Palo Alto. [NEW POLICY] [T54] Implement computerized traffic management Program T2.1.1 systems to improve traffic flow when feasible. [(PTC Program 2.10.5) (Previously Program T-38)] [T55] Implement a program to monitor, coordinate, and Program T2.1.2 optimize traffic signal timing a minimum of every five years along arterial and residential arterial streets. [PTC Program T2.10.7] [T56] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-36 PRELIMINARY DRAFT – JULY 19, 2016 Policy T-2.2 As part of the effort to reduce traffic congestion, support the establishment and operation of Transportation Management Associations (TMAs) to address transportation and parking issues as appropriate in the City’s employment districts. [NEW POLICY] [T57] Work in partnership with the Downtown TMA and Program T2.2.1 Stanford University to aggregate data and realize measurable reductions in single-occupant vehicle commuting in to and from Downtown and in the Stanford Research Park. [NEW PROGRAM] [T58] Policy T-2.3 Use vehicular Level of Service (LOS), including cumulative impacts, when evaluating development applications. [NEW POLICY] [T59] Regularly update LOS regulations [NEW PROGRAM] Program T2.3.1 [T60] Policy T-2.4 Consistent with the principles of Complete Streets adopted by the City, work to achieve and maintain acceptable levels of service for transit vehicles, bicyclists, pedestrians and automobiles on roads in Palo Alto. [(PTC Policy T2.10) (Previously Policy T-28)(Edited)] [T61] Establish and maintain thresholds for acceptable Program T2.4.1 multi-modal levels of service for intersections in Palo Alto. [(PTC Program T2.10.1) (Edited)] [T62] Revise protocols for office, commercial, and multi-Program T2.4.2 family residential development proposals to evaluate multimodal level of service for transit vehicles, bicyclists, and pedestrians. [(PTC Program T2.10.1) (Edited)] [T63] SCHOOLS AND CHILDCARE FACILITY CONGESTION Policy T-2.5 Encourage the location of childcare facilities near major employment hubs to reduce traffic congestion associated with child pick-up and drop-off. [NEW POLICY] [T64] Policy T-2.6 Work with PAUSD to ensure that decisions regarding school assignments are analyzed to reduce peak period motor vehicle trips to and from school sites. [EIR Mitigation Measure Trans-1e] [T65] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-37 Policy T-2.7 Work with the PAUSD to resolve traffic congestion issues associated with student drop-off and pick-up. Address pedestrian and bicycle access, circulation, and related issues such as coordinating bell schedules on City rights-of-way adjacent to schools and on PAUSD property. [NEW POLICY] [T66] STREETS GOAL T-3 Maintain an efficient roadway network for all users. EFFICIENT CIRCULATION Policy T-3.1 Maintain a hierarchy of streets that includes freeways, expressways, arterials, residential arterials, collectors, and local streets, balancing the needs of all users in a safe and appropriate manner. [(Previous Policy T-24) (Edited)] [T67] Identify desired routes for transit, cycling and Program T3.1.1 regional traffic as well as priorities for study and investments. [NEW PROGRAM] [T68] Policy T-3.2 Enhance connections to, from and between parks, community centers, recreation facilities, libraries and schools for all users. [PTC RC Policy 4.1] [T69] Policy T-3.3 Avoid major increases in street capacity when constructing or modifying roadways, refer to Policy T-3.5. [T84] [(PTC Policy T2.8) (Previous Policy T-27) (No Change)] [T70] Policy T-3.4 Regulate truck movements and large commercial buses in a manner that balances the efficient movement of trucks and buses while preserving the residential character of Palo Alto's arterial street system. [(PTC Policy T2.11) (Edited) (Previous Policy T-29) (Edited)] [T71] Evaluate the feasibility of changes to Palo Alto’s Program T3.4.1 through truck routes and weight limits to consider such issues as relationship to neighboring jurisdictions, lower weight limits, increased number of routes, and economic and environmental impacts. [Previously Program T-40] [T72] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-38 PRELIMINARY DRAFT – JULY 19, 2016 STREET DESIGN AND MODIFICATION PROJECTS Policy T-3.5 When constructing or modifying roadways, plan for use of the roadway space by all users. [(PTC Policy T2.2) (Previous Policy T-25) (Edited)] [T73] Update the comprehensive roadway design Program T3.5.1 standards and criteria to be consistent with Complete Streets best practices and the Urban Forest Master Plan, focusing on bicycle and pedestrian safety and multimodal uses. Consider opportunities to incorporate best practices from the National Association of City Transportation Officials guidelines for urban streets and bikeways. ([PTC Program T2.2.1) (Previous Program T-33) (Edited)] [T74] Establish procedures for considering the effects of Program T3.5.2 street design on emergency vehicle response time. [Previously Program T-34] [T75] Policy T-3.6 Consider pedestrians and bicyclists when designing road surfaces, curbs, crossings, signage, landscaping, and sight lines. [(PTC Policy T2.5)] [T76] Policy T-3.7 Encourage pedestrian-friendly design features such as sidewalks, street trees, on-street parking, gathering spaces, gardens, outdoor furniture, art, and interesting architectural details. [Previously Policy T-23] [T77] Conduct a study of Palo Alto roadways to identify Program T3.7.1 needed pedestrian improvements, including on El Camino Real, Alma Street and other locations. [NEW PROGRAM] [T78] Policy T-3.8 Add planting pockets with street trees to increase the tree canopy, provide shade, calm traffic and enhance the pedestrian realm. [Previously Policy T-37] [T79] Policy T-3.9 Identify and establish performance measures for the road network in Palo Alto to support city-wide sustainability efforts, including the street canopy. [NEW POLICY] [T80] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-39 Policy T-3.10 Participate in the design and implementation of comprehensive solutions to traffic problems near Stanford Shopping Center and Stanford Medical Center. [Previously Policy T-26] [T81] Support increased public transit, traffic Program T3.10.1 management and parking solutions to ensure safe, convenient access to and from the Stanford Shopping Center/ Medical Center area. [(PTC Program T2.6.1) (Edited) (Previous Program T-35) (Edited)] [T82] Implement and monitor Development Agreement Program T3.10.2 traffic mitigations at Stanford Medical Center. [(PTC Program T2.6.2) (Edited)] [T83] Provide safe, convenient pedestrian, bicycle, and Program T3.10.3 transit connections between the Stanford Shopping Center/Medical Center areas and housing along the Sand Hill Road/Quarry Road corridors to Palo Alto Station, Downtown Palo Alto, and other primary destinations. [(PTC Program T2.6.3) (Previously Program T-37) (Edited)] [T84] Study extension of Quarry Road for transit, Program T3.10.4 pedestrians and bicyclists to access the Palo Alto Station from El Camino Real. Also study the feasibility of another Caltrain underpass at Everett. [(PTC Program T2.6.4) (Edited)] [T85] Policy T-3.11 Consider the Grand Boulevard Design Guidelines when designing roadway and pedestrian improvements along El Camino Real. [NEW POLICY] [T86] Policy T-3.12 Coordinate roadway improvements with other transportation and utility infrastructure improvements such as sewer and water. [NEW POLICY] [T87] Policy T-3.13 Work with Caltrans, Santa Clara County and VTA to improve east and west connections in Palo Alto and maintain a circulation network that binds the city together in all directions. [(PTC RC Goal 3) (Edited)] [T88] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-40 PRELIMINARY DRAFT – JULY 19, 2016 Policy T-3.14 Continue to prioritize the safety of school children in street modification projects that affect school travel routes, including during construction. [Previously Policy T-40]. [T89] RAIL CORRIDOR Policy T-3.15 Pursue grade separation of rail crossings along the rail corridor as a City priority, including a below-grade alignment between San Antonio and the Oregon Expressway for both high speed rail and Caltrain. [NEW POLICY] [T90] Undertake studies and outreach necessary to Program T3.15.1 advance grade separation of Caltrain to become a “shovel ready” project. [NEW PROGRAM] [T91] Conduct a study to evaluate the implications of Program T3.15.2 grade separation on bicycle and pedestrian circulation. [NEW PRORGRAM] [T92] Policy T-3.16 Keep all four existing at-grade rail crossings open to vehicular traffic. [PTC RC Policy 3.2] [T93] Policy T-3.17 Until grade separation is completed, improve existing at-grade rail crossings to ensure the highest feasible level of safety along the corridor and provide additional safe, convenient crossings. [PTC RC Goal 2 edited] [T94] Commission an Alma Street crossing study to Program T3.17.1 identify potential near-term safety and accessibility improvements, including implementation of a “quiet zone.” [PTC RC Policy 2.1 and Policy 2.2 edited to reflect recommendations of Rail Corridor Study] [T95] Incorporate neighborhood input in planning and Program T3.17.2 implementation of crossing improvements. [PTC RC Policy 2.2 edited to reflect recommendations of Rail Corridor Study] [T96] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-41 Policy T-3.18 Improve safety and minimize adverse noise, vibrations and visual impacts of operations in the Caltrain rail corridor on adjoining districts, public facilities, schools and neighborhoods with or without the addition of High Speed Rail. [PTC RC Policy 2.3 edited] [T97] NEIGHBORHOOD IMPACTS GOAL T-4 Protect neighborhood streets that support residential character and provide a range of local transportation options. Policy T-4.1 Keep all neighborhood streets open as a general rule. [Previously Policy T-33] [T98] Policy T-4.2 Implement traffic calming measures to slow traffic on local and collector residential streets, and prioritize traffic calming measures for safety over congestion management. [(PTC Policy T3.4) (Previous Policy T-34) (Edited)] [T99] Identify specific improvements that can be used to Program T4.2.1 discourage drivers from using local, neighborhood streets to bypass traffic congestion on arterials. [EIR Mitigation Measure TRANS-8] [(Previous Program T-43) (Edited)] [T100] Periodically review residential areas for traffic Program T4.2.2 impacts and use the results of that review to prioritize traffic calming measures. [(PTC Program T3.4.1) (Edited) (Previous Program T-43) (Previous Program T-44) (Merged) (Edited)] [T101] Policy T-4.3 Maintain the following roadways as residential arterials, treated with landscaping, medians, and other visual improvements to distinguish them as residential streets, in order to improve safety: Middlefield Road (between San Francisquito Creek and San Antonio Road) University Avenue (between San Francisquito Creek and Middlefield Road) Embarcadero Road (between Alma Street and West Bayshore Road) PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-42 PRELIMINARY DRAFT – JULY 19, 2016 Charleston/Arastradero Roads (between Miranda Avenue and Fabian Way). [Previously Program T-41] [T102] Use landscaping and other improvements to Program T4.3.1 establish clear “gateways” at the points where the Oregon Expressway, University Avenue and Embarcadero Road transition from freeways to neighborhoods. ([PTC Program T3.2.3) (Edited) (Previous Program T-42) (Edited)] [T103] Policy T-4.4 Minimize the danger of increased commercial ingress/egress adjacent to major intersections, and noticeable increases in traffic from new development in residential neighborhoods, through traffic mitigation measures. [(PTC Policy T3.1) (Edited)] [T104] Policy T-4.5 Employ Traffic Impact on Residential Environments (TIRE) analysis to measure potential street impacts from new development of all types in residential neighborhoods. [(PTC Policy T3.1) (Edited)] [T105] Policy T-4.6 Require new residential development projects to implement best practices for street design, stormwater management and green infrastructure. [(PTC Policy T3.6) (Previous Policy T-35) (Edited)] [T106] MOTOR VEHICLE AND BICYCLE PARKING GOAL T-5 Encourage attractive, convenient, efficient and innovative parking solutions for all users. MANAGING PARKING SUPPLY Policy T-5.1 All new development projects should meet parking demand generated by the project, without the use of on-street parking, consistent with the established parking regulations. As demonstrated parking demand decreases over time, parking requirements for new construction should decrease. . [NEW POLICY] [T107] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-43 For each commercial center and employment Program T5.1.1 district in Palo Alto, conduct a parking needs assessment in consultation with business owners, employers and local residents to establish a baseline for parking need. Evaluate the need to update parking standards in the municipal code, based on local conditions, different users’ needs and baseline parking need. [NEW PROGRAM] [T108] In parallel with each parking needs assessment, Program T5.1.2 establish performance standards which represent the conditions that must be met before parking requirements for new development can be reduced. In establishing performance standards, consider metrics such as vehicle trips, transit frequency, transit capacity and bicycle parking. [NEW PROGRAM] [T109] Work with stakeholders in each commercial center Program T5.1.3 and employment district to monitor conditions and determine the appropriate timing for revisions to parking requirements. [NEW PROGRAM] [T110] Policy T-5.2 Continue to implement a comprehensive program of parking supply and demand management strategies citywide to optimize the use of existing parking spaces. (Edited) Combined with previous Program T- 49) (Moved to Policy)] [T111] Use technology to help identify parking availability Program T5.2.1 and make it easy to pay any parking fees. [(PTC Program T4.11.1) (Edited)] [T112] In the Downtown TMA, implement pilot projects to Program T5.2.2 test the effectiveness of strategies such as employee transportation programs, including reduced cost transit passes and ridesharing programs.. Review pilot project results and consider expanding to other areas of the city, such as California Avenue. [NEW PROGRAM] [T113] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-44 PRELIMINARY DRAFT – JULY 19, 2016 Consider applying a pricing strategy to address Program T5.2.3 public parking shortages citywide that is flexible in response to demand and supply. Conduct a feasibility study that considers the potential impact of a pricing strategy for retail and commercial areas, and potential benefits for TDM. [NEW PROGRAM] [T114] Implement Council-adopted recommendations Program T5.2.4 from the parking management study for the Downtown area, which included the feasibility of removing color-coded parking zones, and ndynamic pricing and management policies to prioritize short-term parking spaces closest to the commercial core for customers, garage parking for employees, and neighborhood parking for residents. [NEW PROGRAM] [T115] Policy T-5.3 Work with merchants to designate dedicated employee parking areas. [Previously Program T-51] [T116] Policy T-5.4 Encourage shared parking where complementary demand timing is demonstrated in order to optimize parking spaces in commercial centers and employment districts. [PTC Policy T4.7 (Edited)] [T117] Explore incentives to encourage privately initiated Program T5.4.1 shared parking among individual property owners when developments have excess parking that can be available for other businesses to use. [NEW PROGRAM] [T118] Policy T-5.5 Minimize the need for employees to parking in and adjacent to commercial centers, employment districts and schools. [(Previous Policy T-46) (Edited)] [T119] PARKING INFRASTRUCTURE AND DESIGN Policy T-5.6 Strongly encourage the use of below-grade or structured parking instead of surface parking for new developments of all types while minimizing negative impacts including groundwater and landscaping where feasible. [PTC Policy T4.10] [T120] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-45 Policy T-5.7 Promote vehicle parking areas designed to reduce stormwater runoff, increase compatibility with street trees and add visual interest to streets and other public locations. Encourage the use of photovoltaic panel or tree canopies in parking lots or on top of parking structures to provide cover, consistent with the Urban Forest Master Plan. [PTC Policy T4.9 (Edited)] [T121] Study the feasibility of retrofitting City-owned Program T5.7.1 surface parking lots to implement best management practices for stormwater management and urban heat island mitigation, including green infrastructure, permeable pavement and reflective surfaces. [NEW PROGRAM] [T122] Identify incentives to encourage the retrofit of Program T5.7.2 privately owned surface parking areas to incorporate best management practices for stormwater management and urban heat island mitigation as well as incentives for the provision of publicly accessible bicycle parking in privately owned lots. [NEW PROGRAM] [T123] Policy T-5.8 Promote safety for pedestrians in City-owned parking lots by adopting standards for landscaping, signage, walkways and lighting that reduce crime and ensure a safe and orderly flow of traffic. [NEW POLICY] [T124] Policy T-5.9 Encourage the use of adaptive design strategies in new parking facilities in order to facilitate reuse in the future if and when conditions warrant. [NEW POLICY] [T125] RESIDENTIAL PARKING Policy T-5.10 In residential neighborhoods, work with neighborhood associations to prioritize residential street parking and minimize spill over parking from commercial centers and employment districts. [NEW POLICY] [T126] Coordinate with neighborhood groups to evaluate Program T5.10.1 the need for a residential parking permit program in areas outside Downtown Palo Alto and College Terrace. [NEW PROGRAM] [T127] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-46 PRELIMINARY DRAFT – JULY 19, 2016 BICYCLE PARKING Policy T-5.11 To promote bicycle use, increase the number of safe, attractive and well-designed bicycle parking spaces available in the city, including spots for bicycle trailers, prioritizing heavily travelled areas such as commercial and retail centers, employment districts, recreational/cultural facilities, multi-modal transit facilities and ride share stops for bicycle parking infrastructure. [(PTC Policy T4.13) (Edited)] [T128] Work with private sector partners, including Program T5.11.1 employers, merchants and community service providers, to identify ways to incentivize the provision of bicycle parking near existing shops, services and places of employment. [NEW PROGRAM] [T129] Consider installing secure electronic bike lockers Program T5.11.2 such as the BikeLink system, at high theft locations, including transit stations and parking garages. [(NEW PROGRAM) (PABAC Program T-4.14.2)] [T130] Assess the need to provide additional bicycle Program T5.11.3 parking in City-owned parking lots and rights-of- way. [NEW PROGRAM] [T131] ROAD SAFETY GOAL T-6 Provide a safe environment for motorists, pedestrians, and bicyclists on Palo Alto streets. Policy T-6.1 Continue to make safety the first priority of citywide transportation planning. Prioritize pedestrian, bicycle, and automobile safety over vehicle level-of-service at intersections and vehicle parking. [Previously Policy T-39] [T132] Follow the principles of the safe routes to schools Program T6.1.1 program to implement traffic safety measures that focus on Safe Routes to work, shopping, downtown, community services, parks, and schools. [NEW PROGRAM] [T133] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-47 Develop, distribute and aggressively promote maps Program T6.1.2 of safe routes to work, shopping, community services, parks and schools within Palo Alto in collaboration with stakeholders, including PAUSD, major employers, TMAs, local businesses and community organizations. [(PTC Program T5.7.4) (Edited and enhanced)] [T134] Address pedestrian safety along Alma Street Program T6.1.3 between University Avenue and Lytton Street.[NEW PROGRAM] [T135] Address pedestrian safety on shared-use bicycle Program T6.1.4 and pedestrian trails. [NEW PROGRAM] [T136] Policy T-6.2 Pursue the goal of zero roadway fatalities in Palo Alto within 10 years. [NEW POLICY] [T137] Regularly collect severity and location data on Program T6.2.1 roadway collisions for all modes of travel, including fatalities and injuries. In collaboration with Santa Clara County, develop an up-to-date, public database for this information. [(NEW PROGRAM) (PABAC Program T-5.2.1)] [T138] Policy T-6.3 Continue to work with Caltrain to increase safety at train crossings, including improving gate technology, and signal coordination. [(PTC Policy T5.4) (Edited)] [T139] Policy T-6.4 Continue the Safe Routes to School partnership with PAUSD and the Palo Alto Council of PTAs. [NEW POLICY] [T140] Periodically update the Adopted School Commute Program T6.4.1 Corridors Network to include updated school commute routes. Ensure these routes are prioritized for safety improvements and considered in land use planning decisions. [NEW PROGRAM] [T141] Establish standards and procedures for maintaining Program T6.4.2 safe cycling routes, including signage for warnings and detours during construction projects. [NEW PROGRAM] [T142] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-48 PRELIMINARY DRAFT – JULY 19, 2016 Provide adult crossing guards at school crossings Program T6.4.3 that meet adopted criteria. [Previous Program T-45] [T143] Policy T-6.5 Support PAUSD adoption of standard Safe Routes to School policies and regulations that address the five E’s of education, encouragement, enforcement, engineering, and evaluation. [NEW POLICY] [T144] Policy T-6.6 Use engineering, enforcement, and educational tools to improve traffic safety on City roadways. [(PTC Program T5.1.1) (Previous Program T-47) (Edited)] [T145] Periodically evaluate safety on roadways and at Program T6.6.1 intersections and enhance conditions through the use of signal technology and physical changes. Consider the construction of traffic circles for improved intersection safety. [(PTC Program T5.2.1) (Edited)] [T146] Continue to provide educational programs for Program T6.6.2 children and adults, in partnership with community- based educational organizations, to promote the safe use of bicycles, including the City-sponsored bicycle education programs in the public schools and the bicycle traffic school program for juveniles. [(Previous Program T-46) (Edited)] [T147] Work with PAUSD and employers to promote Program T6.6.3 roadway safety for all users, including motorized alternatives to cars and bikes such as mopeds, through educational programs for children and adults. [NEW PROGRAM] [T148] Complete a mobility and safety study for downtown Program T6.6.4 Palo Alto, looking at ways to improve circulation and safety for all modes. [NEW PROGRAM] [T149] Identify and implement safety improvements for Program T6.6.5 underpasses, including on Embarcadero Road. [NEW PROGRAM] [T150] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-49 Improve pedestrian crossings by creating protected Program T6.6.6 areas and better pedestrian and traffic visibility. Use a toolbox including bulb outs, small curb radii, high visibility crosswalks, and landscaping. [Previously Program T-32] [T151] Establish standards and procedures with Utilities Program T6.6.7 and Public Works to maintain safe cycling routes and adequately and safely sign warnings and detours during construction projects. [(NEW PROGRAM) (PABAC Program T-1.34.3) (Formerly Program T5.10.1)] [T152] Establish a program to educate residents to keep Program T6.6.8 sidewalks clear of parked cars, especially on narrow local streets in neighborhoods with rolled curbs. Survey for compliance annually. [(NEW PROGRAM) (PABAC Program T-1.34.4) (Formerly Program T5.10.2)] [T153] Policy T-6.7 Use appropriate technology to monitor and improve circulation safety throughout the City. [(PTC Policy T5.2) (Edited)] [T154] Evaluate the performance of safety improvements Program T6.7.1 and identify methods to encourage alternative transportation modes. [NEW PROGRAM] [T155] Policy T-6.8 Vigorously and consistently enforce speed limits and other traffic laws, including for vehicle and bicycle traffic. [(Previous Policy T-41) (Edited)] [T156] TRANSIT – DEPENDENT COMMUNITY GOAL T-7 Provide mobility options that allow people who are transit dependent to reach their destinations. Policy T-7.1 Support mobility options for all groups in Palo Alto who require transit for their transportation. [NEW POLICY] [T157] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-50 PRELIMINARY DRAFT – JULY 19, 2016 Policy T-7.2 Expand transportation opportunities for transit-dependent riders by supporting a variety of methods, such as by funding discounts for taxi fares, coordinating transit systems to be shared by multiple senior housing developments, supporting a volunteer program to expand the supply of drivers, creating a database of volunteer drivers, and other transit options. [NEW PROGRAM] [T158] Policy T-7.3 Utilize the principles of Universal Design, and local and State design standards, to guide the planning and implementation of transportation and parking improvement projects to ensure the needs of community members with limited mobility, including some seniors and people with disabilities, are addressed. [(PTC Policy T6.1) (Previous Policy T- 42) (Edited)] [T159] Policy T-7.4 Coordinate with social service agencies and transit agencies to fill gaps in existing transportation routes and services accessible to transit- dependent riders no matter their means and design new bus routes that enable them to access those services. [(PTC Program 6.3.1) (Edited)] [T160] Policy T-7.5 Continue to partner with transit providers, including VTA, to support demand-responsive paratransit service for eligible participants in Palo Alto and maintain existing paratransit services, particularly where bus service is discontinued. Emphasize service quality and timeliness when contracting for paratransit services. [(PTC Policy T6.2) (Edited) (Previous Policy T-43) (Edited)] [T161] Policy T-7.6 Collaborate with transit and shuttle providers including VTA, SamTrans, Stanford Marguerite Shuttle, Palo Alto Shuttle, Dumbarton Express Bus Service and Caltrain in the provision of service that is accessible to seniors and people with disabilities. [PTC Policy T6.3] [T162] Policy T-7.7 Support transit providers in implementing or continuing reduced fare or no fare voucher systems for selected populations, including seniors and people with disabilities. [Previously Policy T-44] [T163] Policy T-7.8 Encourage transit service providers to provide subsidized transit passes for low income riders. [NEW POLICY] [T164] Policy T-7.9 Pursue expanded evening and night time bus service to enhance mobility for all users during off-peak times. [NEW POLICY] [T165] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-51 REGIONAL COLLABORATION AND COORDINATION GOAL T-8 Influence the shape and implementation of regional transportation policies and technologies to reduce traffic congestion and greenhouse gas emissions. Policy T-8.1 Engage in regional transportation planning and advocate for specific transit improvements and investments, such as Caltrain service enhancements and grade separations, Dumbarton Express service, enhanced bus service on El Camino Real with queue jumping and curbside platforms, HOV lanes, and additional VTA bus service. [EIR Mitigation Measure Trans-1d] [T166] Policy T-8.2 Participate in regional planning initiatives for the rail corridor and provide a strong guiding voice. [NEW POLICY][T167] Policy T-8.3 Collaborate effectively with and engage in regional partnerships and solutions with a range of stakeholders, including regional agencies, neighboring jurisdictions and major employers, on issues of regional importance such as traffic congestion, reduced reliance on single- occupant vehicles, and sustainable transportation. [(Previous Policy T- 49) (Edited)] [T168] Continue to participate in regional efforts to develop technological solutions that make alternatives to the automobile more convenient and thereby contribute to reducing congestion [NEW PROGRAM] [T169] Policy T-8.4 Coordinate with local, regional agencies, and Caltrans to support regional efforts to maintain and improve transportation infrastructure in Palo Alto, including the Multi-Modal Transit Center. [(PTC Policy T7.8) (Edited)] [T170] Policy T-8.5 Support the efforts of the Metropolitan Transportation Commission (MTC) to coordinate transportation planning and services for the Mid- Peninsula and the Bay Area that emphasize alternatives to the automobile. Encourage MTC to base its Regional Transportation Plan (RTP) on compact land use development assumptions. [Previous Policy T-51] [T171] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT T-52 PRELIMINARY DRAFT – JULY 19, 2016 Policy T-8.6 Support efforts by Caltrans and the Valley Transportation Authority to reduce congestion and improve traffic flow on area freeways consistent with Statewide GHG emissions reduction initiatives. [(Previous Policy T-54) (Edited)] [T172] Support provision of a new southbound entrance Program T8.6.1 ramp to Highway 101 from San Antonio Road, in conjunction with the closure of the southbound Charleston Road on-ramp at the Rengstorff Avenue interchange in Mountain View. [Previously Program T-55] [T173] Encourage VTA to improve connectivity to transit to Program T8.6.2 serve workers who live in the South Bay and work in Palo Alto. [NEW PROGRAM] [T174] Policy T-8.7 Support the application of emerging freeway information, monitoring, and control systems that provide non-intrusive driver assistance and reduce congestion. [(PTC Policy T7.13) (Previous Policy T-55) (Edited)] [T175] Policy T-8.8 Where appropriate, support the conversion of existing traffic lanes to exclusive bus and high-occupancy vehicle (HOV) lanes on freeways and expressways, including the Dumbarton Bridge, and the continuation of an HOV lane from Redwood City to San Francisco.[(PTC Policy 7.14) (Edited) (Previous Policy T-52) (Edited)] [T176] Policy T-8.9 Support State and federal legislation to reduce motor vehicle emissions, noise, and fuel consumption. [Previously Policy T-56] [T178] Policy T-8.10 Support plans for intra-county and transbay transit systems that link Palo Alto to the rest of Santa Clara County and adjoining counties. Ensure that these systems and enhancements do not adversely impact the bay. [Previously Policy T-7] [T179] PALO ALTO COMPREHENSIVE PLAN TRANSPORTATION ELEMENT PRELIMINARY DRAFT – JULY 19, 2016 T-53 Work with regional transportation providers, Program T8.10.1 including BART and Caltrain, to improve connections between Palo Alto and the San Francisco International Airport and Norman Y. Mineta San Jose International Airport. [NEW PROGRAM] [T180] Policy T-8.11 Support regional plans to complete development of the Bay Trail and Bay-to-Ridge Trail. [(PTC Program T1.22.1) (Previous Program T-25 & T-26) (Merged & edited)] [T181] Policy T-8.12 Support the development of the Santa Clara County Countywide Bicycle System, and other regional bicycle plans. [Previously Policy T-18] [T182] Identify and improve bicycle connections to/from Program T8.12.1 neighboring communities in Santa Clara and San Mateo counties to support local trips that cross city boundaries. [NEW PROGRAM] [T183] Comp Plan Monthly Schedule July 25, 2016 Draft* 1 Month Citizens Advisory Committee (CAC) Schedule of Meetings & Topics Schedule of Other Events Related to the Comp Plan Update City Council Schedule of Comp Plan Discussions July 2016 Recommendation on the Transportation Element and Discussion on the Land Use Element CAC Sustainability Subcommittee reviews Land Use August Recommendation on the Land Use Element CAC Land Use Subcommittee SAC Sustainability/Natural Resources Subcommittees meet together to review the Natural Resources Element City Council Review of CAC recommended Transportation Element Final City Council direction on Scenarios 5 and 6 September Background & Discussion on Natural Resources and Safety Elements CAC Safety/Sustainability Subcommittees review of Safety Element City Council review of CAC work on Land Use Element October Discussion on Natural Resources Element CAC Natural Resources Subcommittee reviews revised Natural Resources Element November Discussion on Natural Resources Element CAC Safety Subcommittee reviews revised Safety Element December Recommendation on Natural Resources Discussion on Safety Element Jan 2017 Recommendation on Safety Element and Discussion on Business & Economics Element CAC Business & Economics Subcommittee reviews the Business and Economic Element Publish 5 and 6 Scenario Supplement to the Draft EIR for 45‐day public review period City Council Review of CAC recommended Natural Resources Element February Recommendation on Business & Economics Element CAC Governance & Implementation Subcommittees reviews Implemen‐ tation & Users Guide/Governance City Council Review of CAC recommended Safety Element March Discussion and Recommendation on the Implementation Plan PTC Hearing on the Scenario supplement to the Draft EIR City Council Hearing on the Scenario supplement to the Draft EIR City Council Review of CAC recommendation on Business & Economics Element April Discussion and Recommendation on the intro/users guide/governance topics Attachment B Comp Plan Monthly Schedule July 25, 2016 Draft* 2 Month Citizens Advisory Committee (CAC) Schedule of Meetings & Topics Schedule of Other Events Related to the Comp Plan Update City Council Schedule of Comp Plan Discussions May Final CAC Session (“Putting it all Together”) & review for Internal consistency June Revised Draft Comp Plan Update Disseminated for Public Review July PTC Review & Recommendation to the City Council (Multiple meetings) August Publication of the Final EIR, Mitigation Monitoring Plan & Draft CEQA Findings Final Review of Transportation & Land Use Elements Final Review of Natural Environment &Safety Elements September PTC Final EIR Certification Hearing Final Review of Business & Economics, Community Services & Facilities Elements Final Review of Users Guide/Governance & Implementation Plan October City Council Final EIR Certification Hearing Review of City Council’s Changes & Errata; Adoption of the Updated Comp Plan *All dates and topics subject to change. This schedule assumes that (1) City Council comments on CAC work products will be addressed by staff and reviewed by the CAC in a final “putting it all together” session in the spring of 2017 once the Council has reviewed all of the elements; (2) the Governance Element will be combined into an introductory section/users guide and will require only one CAC session in the spring of 2017; and (3) the analysis of EIR Scenarios 5 & 6 is circulated for public review for only 45 days (the legal requirement) and preparation of the Final EIR begins immediately thereafter. Attachment C CAC Transportation Policy Comments from 7/19 CAC Meeting and Associated Written Comments: Add teeth to the policy that Stanford needs to improve the existing LOS at four intersections surrounding SRP as growth occurs. VTA service issues are an immediate issue. With the proposed VTA shutdown of Palo Alto routes, enhance wording about how the City is going to support routes that have been closed or how to negotiate with VTA to keep existing routes. Address the potential elimination/reduction of paratransit services. The Shuttle System o Although not the solution to every traffic problem, shuttles are an important part of the local transportation infrastructure. We have addressed the issue that Shuttles are for a range of “Transit-Dependent” users. But maybe we have not focused on the total goals for local shuttles. o Several things could be done to provide and encourage first/last mile use of the Shuttle but that doesn’t seem to be a focus today. City of Palo Alto (ID # 6820) City Council Staff Report Report Type: Action Items Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Public Art Master Plan Title: Adoption of the Public Art Master Plan to Guide Public Art for the Next Decade, Authorize the City Manager to Adopt Policies and Guidelines to Implement the Plan, and Direct Staff to Return With Amendments to the Municipal Code Provisions on Public Art From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council review and approve the Public Art Master Plan (Plan), authorize the City Manager to adopt policies and guidelines to implement the Plan (including deaccessioning artwork, gifts of artwork, murals, temporary artwork and artist selection guidelines), and direct staff to return to Council with amendments to the Municipal Code sections governing public art. Executive Summary With the support of the Public Art Commission, staff initiated a call for public art master planners in late 2014 and awarded a contract in February 2015. Consultants Barbara Goldstein and Gail M. Goldman engaged the community in extensive outreach efforts and worked with staff to develop a proactive Public Art Master Plan to guide the City’s activities and priorities for public art over the next ten years. The Plan was shaped by input from a Master Plan Advisory Committee, the Public Art Commission, City staff, and the input of more than 300 community members. The Public Art Master Plan (Attachment A) describes a clear vision for the Public Art Program and the Public Art Commission for the next ten years, offering greater transparency and accountability for staff and the public. As the Public Art Program continues to grow and thrive, offering more dynamic art experiences to the public, the Public Art Commission and staff will use the Plan as their roadmap to fostering public art that reflects Palo Alto’s place as a global City. Background City of Palo Alto Page 2 While Palo Alto has supported public art since the 1970’s, the program has grown and adopted additional best practices in the profession in recent years. The collection now boasts over 300 pieces, both indoor and outdoor, collectively valued at more than $2 million dollars. Portable artworks require tracking, condition monitoring, re-installation, and conservation. The outdoor collection and murals also require regular maintenance and care. In addition, the Public Art Program manages an active temporary public art program, multiple municipal public art projects, and more than thirty private developments that qualify for the incorporation of public art. The program has two full- time staff members, with additional oversight by the Assistant Director of Community Service overseeing the Arts and Sciences Division. In 2014, with an increase in funding from the Public Art in Municipal Projects program and additional funds anticipated from the Public Art in Private Development program, staff and the Public Art Commission agreed that there was a need to develop a proactive ten-year vision and priorities for the future of the Public Art Program. Staff launched an open call for master plan consultants and in February 2015 awarded the contract to Barbara Goldstein & Associates with Gail M. Goldman Associates. Both consultants are nationally recognized experts in the field of public art and cities such as Pasadena, Seattle, Claremont, San Antonio, San Jose, Carlsbad, and many others have turned to them for their expertise in the field and in-depth knowledge of best practices in the field of public art policy. Staff and the Commission charged the consultants with guiding the development of a ten-year plan that will provide a clear vision for the future of public art in Palo Alto. The work was intended to outline goals, identify relevant programmatic themes and artistic approaches, explore strategic partnerships and possible sources of alternative funding, and provide direction for ongoing program development and management. Other tasks included addressing ongoing public engagement, identifying increased opportunities for public art, recommending new and updated policies and procedures, and celebrating art as an essential element of a thriving community. Discussion The consultants began by conducting research into Palo Alto’s existing public art policies and plans and City of Palo Alto planning documents. The consultants also reviewed the existing public art collection, making comments and recommendations regarding the breadth and scope of the collection as well as individual works within the collection.1 Staff from several of the City’s departments were involved in giving input on all aspects of the Public Art Master Plan. Appendix 1 outlines both the internal and external meeting logs during the master plan outreach stages. The consultants wanted to be 1 In addition to working with the master plan consultants, staff retained a specialist in arts conservation, the Architectural Resources Group (ARG), to conduct a conservation assessment of art works in the public art collection. Staff expects the assessment to be completed in the fall of 2016. City of Palo Alto Page 3 sure that they understood any concerns and identified opportunities available for partnership and art integration within the City of Palo Alto. The team conducted the following outreach efforts, in partnership with City staff, reaching more than 300 community members: 20 Focus Groups including neighborhood groups, business leaders, educators, youth, environmentalists, community activists and artists; One “Boot Camp” to educate various City Commissioners and Department staff about the process of commissioning and maintaining public art; Four Public Art Commission meetings; Three Public Art Advisory Committee meetings comprised of a cross-section of Palo Alto leaders; One Public Art Commission retreat; Two Public Community Forums that were advertised broadly and held at two different times of the day for maximum accessibility; One Public Art Workshop where Public Art Commissioners and community members were invited to comment on emerging themes and identify potential artwork locations; One City Council Study Session; and One Historic Resources Board meeting. The team also initiated an artist-led design project, called What’s the Big Idea? The project was carried out by Mobile Arts Platform (MAP), led by artists Peter Foucault and Chris Treggiari, and engaged nearly 400 people at 18 different sites about the future of public art in Palo Alto. Public Art Commissioners frequently worked alongside the artists to engage the public in the project. The interactions with the public generated more awareness of the public art program and lively discussion regarding the definitions and purposes of public art. As part of those discussions, the artists asked the public where public art should be incorporated in the future. The results are listed in Appendix 2. The summary of the Mobile Arts Platform project can be viewed as Appendix 3. City of Palo Alto Page 4 The staff and consultant team presented the emerging themes to Council at a Study Session on October 5, 2015 and gathered Council’s input on the plan. The Public Art Master Plan Advisory Committee, chaired by Public Art Commission Vice-Chair Ben Miyaji, the Public Art Commission, City staff and other key stakeholders reviewed drafts of the Master Plan. Many beneficial comments and edits were received and the draft Plan was extensively revised. The Public Art Commission invested a lot of its meeting time over several months into the review of the draft Public Art Master Plan until its final approval in May 2016. The attached Plan, Attachment A, reflects the input from those groups. The Plan lays out bold new vision and mission statements for the program, as well as guiding principles, goals, themes, and a menu of short-term, mid-term and long-term recommendations to be used by staff and the Commission in establishing annual work plans. (See Appendix 5). Taking into account staff capacities and unforeseen future projects or budget restraints, the Public Art Commission and staff will work closely together to ensure that annual work plans are achievable. The recommendations are, in effect, aspirational and not intended to be binding. While staff and Commissioners are excited about implementing many recommendations, not every recommendation will be implemented, and the timing will depend on many factors, including funding and prioritization of arts activities. The guiding principles outlined in the plan state that Palo Alto’s public art will: Be distributed citywide, focusing on areas where people gather and in unexpected places that encourage exploration; Represent a broad variety of artistic media and forms of expression; Enhance City infrastructure, transportation corridors and districts; Include both permanent and temporary artworks; Strive for artistic excellence; and Be maintained for people to enjoy. The themes identified during the outreach process were used to frame the recommendations in the Plan. The themes that emerged through the public outreach were: Increase accessibility to public artwork and experiences while reinforcing community and neighborhood identity. City of Palo Alto Page 5 Provide meaningful arts opportunities for youth and families. Engage partners to build support for public art. Employ art to promote environmental stewardship. Make art integral to the City’s planning efforts. Support local and regional artists. Increase public awareness of the program and collection. Specific recommendations to support these emerging themes include considering ideas such as: embedding an artist in a City department to help with design challenges, commissioning artists to create artworks that invite physical interaction, and installing temporary artworks in neighborhood bulb-outs and roundabouts. As part of the Master Planning process, staff and the Commission asked the consultants to make recommendations regarding updating the Public Art Program’s policies and governance documents, in order to better align these documents with best practices in the field of public art. While some existing policies, guidelines and ordinances only require minor amendments to tighten definitions and update terms, the consultants also recommend a number of new policies and guidelines adapted from other successful public art programs. Consistent with those recommendations, the consultants, staff and stakeholders have been drafting and revising new and updated policies and guidelines. Policies that are in substantially final form are attached to this report for Council’s information. Staff recommends that the Council authorize the City Manager to adopt public art policies and guidelines, and amend them from time to time as needed to maintain the public art program consistent with best practices in the field and with Palo Alto’s needs. A brief summary of the major recommendations follows: Deaccession Policy- The City of Palo Alto’s previous deaccession policy was out of date and required more clarity around the process and the rationale for deaccessioning an artwork. The consultants recommend updating the policy using best practices in the field, tailored to suit Palo Alto. The PAC vetted a draft of the policy and supports the new procedures. (Attachment B) Gift Policy for artwork- While there is an existing City policy for gifts, having one tailored for gifts of artwork was necessary to set expectations and rationale as to why the Public Art Program may choose to accept a gift of artwork or not, as well as outline the criteria for the acceptance of an artwork into the collection, as per best practice in the field of public art. This policy would replace the out of City of Palo Alto Page 6 date public art accession policy as well as address gifts of artwork to be a transparent as possible on the process. This policy is based on existing policies in use in other cities and tailored to suit Palo Alto. (Attachment C) Murals Policy- Having a specific murals policy has recently become best practice in the field of public art, and Palo Alto does not have an existing policy. Because murals fall somewhere between temporary public art and permanent public art, and they are frequently sited on private property, they often require unique considerations. This policy is being developed, based on existing policies in use in other cities and tailored to suit Palo Alto. Temporary Artworks Policy- The Public Art Program’s previous temporary public art guidelines were out of date and the language was vague. With the expansion of the temporary public art program, it is important to have a well-crafted policy. The recommended policy clarifies the terms of temporary public art exhibits, how works are proposed, selected, and placed. The new policy is based on the best examples of temporary public art policies and tailored for Palo Alto. (Attachment D) Artist Selection Guidelines – The public art program uses best practices to select artists for public commissions, and recommends documenting those practices through written guidelines. (Attachment E) In addition to updating and adding new policies and guidelines, amendments to the Municipal Code provisions on public art are needed. Staff recommends that the Council direct staff to return on the Consent calendar with amendments, including: Codifying prior direction of the Finance Committee to eliminate a funding step- down for projects over $100 million and deleting an annual inflation adjustment Adding definitions to increase clarity Clarifying applicability to various types of development projects Clarifying the scope of exemptions Making other minor language changes as appropriate Timeline The Public Art Commission and staff plan to hold a retreat soon after the adoption of the Plan to create a two-year workplan, using the new Public Art Master Plan as a guide. Staff and the Commission will need to work together to keep in mind the staff capacity to implement various aspects of the Plan and make adjustments as necessary due to limited staff capacity, shifting priorities, unanticipated opportunities, and funding fluxuations. City of Palo Alto Page 7 Resource Impact The projects listed in the recommendations of the Plan will be funded primarily through funds generated by the Public Art in Municipal Projects Ordinance, the Public Art in Private Development in-lieu funds, and the ongoing CIP allocation. Policy Implications The Public Art Master Planning efforts are consistent with Community Services section policy C-23, “Explore a way to expand the space available in the community for art exhibitions, classes and other cultural activities.” Environmental Review Adoption of the Public Art Master Plan is a planning document exempt from environmental review (CCR Section 15262). Future public art projects will be subject to environmental review. Attachments: Attachment A: Public Art Master Plan (PDF) Attachment B: Deaccession Policy (DOCX) Attachment C: Gifts of Artwork Policy (DOCX) Attachment D: Temporary Public Art Policy (DOC) Attachment E: Artist Selection Guidelines (DOCX) CITY OF PALO ALTO Public Art Master Plan Revised Draft Created in cooperation with Barbara Goldstein & Associates with Gail M. Goldman Associates 6/1/2016 City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 2 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 1.1 PLANNING FOR THE PRESENT AND FUTURE 5 1.2 MISSION STATEMENT 6 1.3 VISION STATEMENT 6 1.4 NEED FOR CULTURAL PLANNING 6 2. INTRODUCTION 2.1 THE COMMUNITY 8 2.2 HOW THE PUBLIC ART MASTER PLAN CAME ABOUT 8 2.3 THE INFORMATION GATHERING PROCESS 9 2.4 INTERNAL STAKEHOLDERS 10 2.5 EXTERNAL STAKEHOLDERS 11 3. GUIDING PRINCIPLES AND THEMES 3.1 GUIDING PRINCIPLES 13 3.2 THEMES 13 City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 3 4. GOALS AND RECOMMENDATIONS 4.1 GOALS 15 4.2 RECOMMENDATIONS 15 4.3 IN BUSINESS DISTRICTS 17 4.4 IN NEIGHBORHOODS 20 4.5 ENVIRONMENTAL PROJECTS 22 4.6 EMPOWERING HIGH QUALITY PROJECTS USING DEVELOPMENT FEES 23 4.7 EDUCATIONAL INITIATIVES 25 4.8 EMBEDDING ARTISTS IN THE WORK OF THE CITY 27 5. PUBLIC ART POLICY AND PROGRAM ADMINISTRATION 5.1 COLLECTION MANAGEMENT 28 5.2 BEST PRACTICES: POLICY, MUNI CODE, AND GUIDELINES 29 5.3 PROGRAM ADMINISTRATION 30 6. APPENDICES 32 APPENDIX 1: LIST OF MEETING PARTICIPANTS APPENDIX 2: LIST OF PROPOSED PUBLIC ARTWORK LOCATIONS APPENDIX 3: ANALYSIS OF MOBILE ARTS PLATFORM (MAP) APPENDIX 4: PUBLIC ART COLLECTION ASSESSMENT APPENDIX 5: IMPLEMENTATION GRID City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 4 City of Palo Alto Public Art Master Plan 1 EXECUTIVE SUMMARY 1.1 PLANNING FOR THE PRESENT AND THE FUTURE The City of Palo Alto is in the process of updating its comprehensive plan, looking at the work of all of its City departments and engaging the community in this process. The development of this Public Art Master Plan is particularly appropriate now because the Public Art Program transitioned from volunteer to professionally-led in 2013 and there is accumulated funding available for public art through the City’s Capital Improvement Program and a Private Percent for Art ordinance that was approved by City Council in January 2014. In early 2015, the Public Art Program engaged public art planners Barbara Goldstein and Gail M. Goldman to lead the process in creating a Public Art Master Plan. The team conducted extensive outreach and research and developed a plan working in collaboration with City staff, the Public Art Commission and a Public Art Advisory Committee. Throughout the course of research and community engagement for the Public Art Master Plan, two overarching goals emerged. The first is the intense motivation to embrace ambitious, bold, forward-thinking projects that take a serious amount of time to thoughtfully plan and implement. These are the Big-Picture ideas and ideals for which the community aspires that will put Palo Alto on the map as an innovative and notable city whose identity is defined by its public art. The second goal is fundamental to the success of the first. There is a compelling interest and recognized need to create temporary artwork and interactive art experiences for residents and visitors that can be commissioned within the first year. These are short-term projects that can be accomplished easily and efficiently, that can be temporary or permanent in nature, and that have funds readily available to allow immediate implementation. These two goals-- summarizing the ideas and sentiments that the consultants heard from stakeholders and gathered from planning documents--form the basis of this Public Art Master Plan document. Each goal is supported by an exploration of a hierarchy of questions: Where is the City of Palo Alto Public Art Program now? Where does it want to be? How does it get there? How is the progress measured? City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 5 In turn, these questions are addressed through a series of themes, objectives, and measurable, recommended actions. Each step is generated in direct response to the Public Art Program Mission and Vision, which are stated below. 1.2 MISSION STATEMENT The Palo Alto Public Art Program promotes the highest caliber of artwork, commissioning memorable public artworks and experiences that stimulate discussion and thoughtful reflection, celebrating Palo Alto’s character and enhancing civic pride and sense of place. 1.3 VISION STATEMENT Public art reflects Palo Alto’s people, diverse neighborhoods, the innovative and global character of its businesses and academic institutions, and the beauty of its natural environment. 1.4 NEED FOR CULTURAL PLANNING Aside from the ideas articulated for Public Art, there is strong community demand for support of broader arts offerings and activities. These ideas will be incorporated in the City’s future Cultural Plan, but are not within the scope of the Public Art Master Plan. While Public Art is one of several Programs of the Division of Arts and Sciences in the Community Services Department, the Division also includes two museums, three theatres, an artist studio program and a teen-run “maker” program. Each program area has or will have a plan that will become an element of the Division’s cultural plan, estimated to be completed within three years. Many of the ideas voiced during the Public Art planning process pointed to Palo Alto’s need to create a plan that will assess the breadth of Palo Alto’s arts and cultural facilities and offerings and recommend how to enhance these to serve the community in the future. Some of the ideas that emerged for a cultural plan during the Public Art planning process included: Create art-focused central gathering places at areas suggested by the community: the linear park/pathway adjacent to Caltrain, the area surrounding City Hall, and Cubberley Community Center. Focus on engagement, interaction and participation that involve teens in collaboration with artists for the design of spaces where they can gather and spend time; and create opportunities for community art-making events that build City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 6 pride and connection to residents and local businesses. Many people suggested increasing opportunities for teens to participate in creative activities to boost well- being, self-esteem, and identifying places for youth to gather after school and weekend to socialize without tech devices. Build on current activities and programs at Cubberley Community Center. Already home to several performing arts organizations, artists’ studios, the ArtLab, and MakeX Studio, Cubberley Community Center offers a myriad of opportunities to program classrooms and outdoor spaces for arts education, activities, festivals, performances and temporary interactive public artwork. CSD could easily build on this by engaging artists and young people in creating additional arts-centric gathering areas. This could be a useful strategy for the City and PAUSD as they explore the future of Cubberley. Include additional studio, exhibition, rehearsal and performance spaces in the renovation of Cubberley Community Center to meet the needs of the local artist community. In developing Cubberley as an arts and culture destination, reconfigure spaces to include more spaces for artists to develop their work and share it with the community at large. Continue to include local artists and arts groups in the planning of Cubberley’s future. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 7 2 INTRODUCTION 2.1 THE COMMUNITY Palo Alto is a city with several distinct identities: it is a residential community with walkable neighborhoods, high quality of life, award-winning schools, tree-lined streets and established cultural institutions. It is the home of Stanford University and the innovative technology and venture capital businesses it has attracted. The city is notable for a residential population of 66,000 and a daytime population of nearly twice that number. One-third of its land is dedicated park land, and, with its highly educated and deeply engaged population, it is a city that takes its politics and community involvement seriously. To its long-time residents, Palo Alto is characterized by its charming, walkable neighborhoods, parks, and distinctive small-scale shopping districts. Some remember the days when it was an affordable, middle class small town, with strong company connections to Hewlett Packard and Stanford University. To the approximate 60,000 daily commuters, Palo Alto is an important location for start-up businesses with good restaurants. To new residents, it’s an exciting gateway to the world of high tech and a great education for the kids. To the wider world, Palo Alto is the heart of Silicon Valley’s technological revolutions. While not everyone shares the identical vision of Palo Alto, all of them view it as a place that values excellence, hard work, and a high quality of life. And, although Palo Alto is best known as a center for technological innovation, its residents also place great value on its arts and cultural offerings. 2.2 HOW THE PUBLIC ART MASTER PLAN CAME ABOUT The arts have long been important to Palo Alto, from the Palo Alto Art Center (PAAC) and Children’s Theatre to the Pacific Art League and the community-based Palo Alto Philharmonic, and West Bay Opera, the Cubberley Artist Studio Program (CASP) to the many arts programs offered at the Cantor Art Center and Stanford Lively Arts. Public art, as one element of the arts landscape, has had a growing presence starting with the creation of the Public Art Commission in 1975, the passage of its municipal percent for art ordinance in 2005, and the Public Art Program’s transition from volunteer-led to professionally-staffed in 2013. The City acquired its first piece of public art in 1976 and the collection has grown to 344 artworks valued at nearly $2 million, including 44 permanently sited sculptures, 38 murals, and 262 portable works in its permanent collection. These are displayed throughout City facilities, on publicly-accessible walls and on public property. Public Art, a Program of the Division of Arts and Sciences in the Community Services Department, is responsible for commissioning and placing art on public property and for City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 8 administration of the private percent for art program which requires developers to commission an artwork on site or pay an In Lieu fee. A percent for art program in public construction was initiated in 2005 and was expanded to include a percent for art requirement for private development in January 2014. With the influx of funds anticipated from the public art in private development ordinance, staff and the Commission desired an implementable plan to guide how those funds are used and help provide direction to private developers commissioning art on site to ensure a cohesive look and feel to the new artwork being commissioned throughout the city. Additionally, the current priority to update the City’s 2007 Comprehensive Plan and the present development of the Parks and Recreation Master Plan presented an opportunity to develop the Public Art Master Plan in parallel with the other plans and allow for sufficient integration between documents and priorities. In late 2014, the Community Services Department and the Public Art Commission initiated a call for consultants to create a 10-year public art master plan whose purpose was “to set a vision and develop a plan that will provide a clear vision for the future of public art in Palo Alto.” The plan was intended to: Outline goals for public art in Palo Alto; Identify relevant themes and priorities for the art program; Identify strategic partnerships and possible sources of alternative funding; and Provide direction for ongoing program development and management. In late February 2015, after a formal RFP process, the City hired consultant Barbara Goldstein & Associates with Gail M. Goldman Associates to lead the process of creating the Public Art Master Plan. 2.3 THE INFORMATION GATHERING PROCESS Since February 2015, the public art master plan consultants have completed extensive outreach and research to understand the values and aspirations of the community, the resources available and the opportunities for future placement of public art. A list of meeting participants is attached to this report as Appendix 1 and a list of proposed public artwork locations suggested by community members is attached to this report as Appendix 2. The consultants conducted: 30 meetings and/or interviews with internal and external stakeholders including City department heads and representatives, former and current Public Art Commissioners, City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 9 business owners, developers and political leaders; 20 Focus Groups including neighborhood groups, business leaders, educators, youth, environmentalists, community activists and artists; One “Boot Camp” to educate various City Commissioners and Department staff about the process of commissioning and maintaining public art; Three Public Art Commission meetings; Three Public Art Advisory Committee meetings comprised of a cross-section of Palo Alto leaders; One Public Art Commission retreat; Two Public Community Forums that were advertised broadly and held at two different times of the day for maximum accessibility; One Public Art Workshop where Public Art Commissioners and community members were invited to comment on emerging themes and identify potential artwork locations; One City Council Study Session; and One Historic Resources Board meeting. In addition, the Public Art Program commissioned artists Chris Treggiari and Peter Foucault to bring their Mobile Art Platform (MAP) “What’s the Big Idea” project to 18 different locations to solicit community members’ ideas about how art and artists can transform Palo Alto. The MAP was a means of reaching populations who have an important stake in Palo Alto and are unlikely to attend public meetings – commuters, students, neighborhood residents and the elderly. A list of MAP event locations and community observations is attached to this report as Appendix 3. Overall, the findings from all of the community outreach initiative were consistent with a number of the same values, ideas and themes expressed by each group surveyed. 2.4 INTERNAL STAKEHOLDERS During the course of the research, the consultants spoke to many City Department heads and representatives about how their work intersects with the Public Art Program. In general, City representatives were very supportive of the value public art can add to their work. Many cited a workshop, sponsored by the City Manager’s Office, with Peter Kageyama entitled “For the Love of Cities” that showcased examples of art enhancing place. Staff sees the value of integrating public art into the work of their departments. Some specific opportunities emerged from the consultants’ conversations with City representatives, such as including artists on the design teams of new public facilities, pooling City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 10 funds to create more impactful artworks, and commissioning unique artworks to complement construction. City stakeholders also suggested ideas that were more relevant to the development of the cultural plan that will be created by the Arts and Science Division. These included promoting opportunities for youth and teens to create temporary artworks and performances through the Palo Alto Art Center and the Children’s Theater, and exploring partnership opportunities with the City Library to help promote and present the public art collection and artists to the public. The Public Art Program actively works with many departments throughout the City, and especially in partnership with the other programs within the Division, including: The Junior Museum and Zoo; The Children’s Theatre; Cubberley Artist Studio Program (CASP); and Palo Alto Art Center (PAAC). For example, the Public Art Program: Collaborated with the PAAC on four temporary public art works installed while the Art Center was closed for renovation in 2011; Collaborated with the PAAC and Library Department selecting the artist team who created the six-piece artwork, entitled “Brilliance; and Works with the CASP artists on their required donations to the portable artworks collection. While the Palo Alto Art Center (PAAC) and Public Art Program have some areas of overlap, they are distinct and complementary programs. PAAC is known for its youth and adult classes, its public programs and its high quality exhibitions. Since 2011 it has developed temporary projects and artist residencies outside its walls, most recently the Creative Ecology residency in collaboration with the Junior Museum and Zoo. The Public Art Program has focused primarily on permanently sited projects and has also initiated temporary projects. Temporary projects are an area where PAAC and the Public Art Program can continue to share responsibility for curation, fundraising and project management. 2.5 EXTERNAL STAKEHOLDERS Different opportunities and concerns emerged in conversations with neighborhood residents, artists, developers, Stanford faculty, business people and commuters. In general, there were many comments about the need to improve the quality of public artworks that the City commissions. The emphasis was on the opportunities to employ art as a means of enhancing City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 11 the physical landscape, addressing urban design challenges and bringing people together. Stakeholders viewed public art as a means of creating stronger identities for Palo Alto’s shopping districts, stimulating a connection between people with differing backgrounds, enlivening pedestrian and bicycle routes and creating opportunities for employees to enjoy Palo Alto outside of office hours. Interviewees defined public art broadly, including high quality temporary and permanent artwork installations and frequently emphasized the value of interactive artworks. The Mobile Arts Platform (MAP) “What’s the Big Idea” project reached more almost 350 people who hailed from a wide range of demographics. MAP was located in areas that attracted substantially different populations and each of these populations had a slightly different perspective on the types of public art that most appealed to them. In general, we found that older participants valued public art as a means of connecting people and building community; younger participants were interested in the potential of creating spontaneous street art and representing the voice of their generation. Private Developers are willing partners in the private percent for art program and see it as a way of enhancing their projects. They stated their need for a better understanding of the total public art fee and the process involved in determining whether to commission on-site artworks or pay the In Lieu fee. Developers have concerns regarding potential delays associated with the public art commissioning process and review procedures yet, all things considered, to date prefer to commission on-site art for large scale projects. Artists Chris Treggiari and Peter Foucault and their Palo Alto Mobile Art Platform (MAP) “What’s the Big Idea” project. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 12 3 GUIDING PRINCIPLES AND THEMES 3.1 GUIDING PRINCIPLES Interviews and focus groups revealed both overlapping and differing perspectives from various stakeholder groups. However, there were a number of recurring themes that arose in most meetings. Based on that input, the consultants developed a number of guiding principles. Palo Alto’s public art will: Be distributed citywide, focusing on areas where people gather and in unexpected places that encourage exploration; Represent a broad variety of artistic media and forms of expression; Enhance City infrastructure, transportation corridors and districts; Include both permanent and temporary artworks; Strive for artistic excellence; and Be maintained for people to enjoy. 3.2 THEMES Increase accessibility to public artwork and experiences while reinforcing community and neighborhood identity. Palo Alto stakeholders support the distribution of artwork and art experiences throughout all areas of the city, noting the importance of including south Palo Alto and the University Avenue and California Avenue downtown areas. Community members see public art as a catalyst for welcoming and orienting people to neighborhoods, creating destinations and gathering places, enlivening the pedestrian and bicycling experience and reinforcing a sense of community pride, identity and connection to local history and culture. Provide meaningful arts opportunities for youth and families. Stakeholders consistently advocated for publicly accessible public art activities and events that engage parents and their children. Employ art to promote environmental stewardship. Palo Alto residents value the natural environment more than almost any other characteristic of their city. Stakeholders frequently expressed their love of local parks and open space, the Bay Trail and the creeks. These places can be enhanced and celebrated through environmental and interpretive artworks. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 13 Engage partners to build support for public art. Collaborating with Palo Alto’s community organizations, businesses and citizen groups on public art projects and other special initiatives will leverage financial and staff resources to deliver greater quality, value and a broader range of public art experiences than would otherwise be possible. These partnerships are important because they can stretch the resources for public art in Palo Alto, open up a wider range of artistic opportunities, and broaden public art's impact in the city. Make art integral to the City’s planning efforts. Incorporating artists’ ideas into the fundamental aspects of planning elevates the quality of the urban environment and promotes a cohesive vision for the character of public places and neighborhoods. Including public art considerations in Comprehensive and General Plan updates, Strategic Plans, and Master Plans redefines the relationship of art to urban space as an integral part of the urban infrastructure and the natural environment. Support local and regional artists. Artists participated actively in the Public Art master planning process, attending focus groups, community meetings and Mobile Art Platform “What’s the Big Idea” events. Many of the artists who participated expressed feeling isolated and under-recognized. Studio space in Palo Alto is expensive and there are few places for artists to display their work or to meet one another. While Cubberley Artist Studio Program provides studio space for approximately 25 artists, there is a growing need for more affordable space and venues for artists to work and spend time together. Increase public awareness of the program and collection. Bringing people together to learn and connect around ideas, questions and concepts related to public art is a critical investment in the success of the Public Art Program. This includes raising awareness of existing and upcoming artwork installations, temporary artwork programming, and community engagement and outreach initiatives. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 14 Open Air by Rafael Lozano-Hemmer, Philadelphia / Cloudgate by Anish Kapoor, Chicago / Non-Sign II by Led Pencil Studio, Blaine (WA) 4 GOALS AND RECOMMENDATIONS 4.1 GOALS Plan for and commission long-term, ambitious, bold, projects that will reflect Palo Alto’s reputation as an innovative global city. These projects should be carefully planned and thoughtfully implemented over time. Commission short-term, temporary artwork and interactive art experiences for residents and visitors that can be implemented within the next Year. 4.2 RECOMMENDATIONS 4.2.1 EXPLANATION OF RECOMMENDATIONS The following recommendations are described as Short Term (within one year); Mid-Term (two to five years) and Long-Term (six to ten years), providing a menu of options for the staff and Public Art Commission to consider when creating their annual work plan. Existing Municipal percent for art projects already in progress will have to be considered when creating these work plans and selecting which recommendations to implement. It is also important to consider that these recommendations are created in 2016, and there may be unanticipated changes in funding opportunities, projects and priorities that may affect the timing, priority, or viability of implementing these recommendations. Each requires careful planning, assembling an appropriate team of stakeholders and partners, and adequate funding to proceed. Short-term, temporary artwork projects provide the opportunity to increase the current level of engagement of the curatorial and artist resources of the Palo Alto Art Center and the Cubberley Artist Studio Program for artist selection panels and to assist with artist outreach. Each recommendation includes potential funding sources, internal and external partners. Each relies on the assistance of community organizations and the Public Art Commission to build funding partnerships, relationships, and to seek private sponsorship from individuals or businesses. Each recommendation is intended to insure the highest quality of artistic outcome. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 15 4.2.2 COMMUNITY PROCESS Implementation of recommendations requires community engagement, and this should be a managed process. The role of community members should be well defined so it is understood in advance where and when their input will be sought. It also is important for city staff to make progress reports to key community groups at specified points in the process, using all available channels of communications, including social media, to keep diverse segments of the community up to date on the project. In addition, all Public Art Commission meetings are open to the public and are a valuable resource for information and discussions about public art projects. The community at large can be involved at these key junctures: Visioning of the project prior to the artist selection; Representation on artist selection panels; Interaction with the artist finalists prior to development of an artwork proposal; Initial introduction of the selected artist to the community, through presentations at schools, community group meetings, libraries and other venues; Guided tours and visits to the project site; Providing public comments on artist proposals at Public Art Commission meetings. A strong and open relationship between City staff, the artist and the community will result in a project that is embraced and cared for by the public it serves. Implementation of recommendations will also have an impact on Public Art Program staff’s workload. Therefore, the Public Art Program and Public Art Commission will need to determine which recommendations to implement first and which projects may require the support of contracted art consultants. Ideally, City-funded projects, whether supported by CIP Percent for Art or In Lieu Percent for Art funds, should be managed by Public Art Program staff with approved art consultants employed only if necessary. Private developers can be encouraged to employ pre-approved public art consultants to manage private percent for art projects. Projects that are dependent on private fundraising may require engaging staff with fundraising expertise. An implementation grid providing a summary list of each objective, recommendation, and general cost estimates is attached to this report as Appendix 5. It should be noted that staff will continue to explore potential grant opportunities to support public art initiatives. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 16 4.3 IN BUSINESS DISTRICTS There are a variety of opportunities to integrate art into the design of Downtown and California Avenue business districts. Each will require participation from businesses and business associations. Timing and budgets will therefore depend on the ability of the Public Art Program and Public Art Commission to build support for these projects. Love Letter by Steve Powers, Philadelphia / Man of Fire by Kim Yasuda, San Jose / Cell Phone Disco by Informationlab, Pittsburgh 4.3.1 OBJECTIVE 1: Locate art in unexpected places, such as alleys, to provide an element of surprise and whimsy to everyday life. Businesses, community members and commuters encouraged art that enlivens the pedestrian experience along sidewalks, alleys, parking garage interiors and other centers of activity that tend to be overlooked. 4.3.1.1 Short Term Recommendation: Identify a total of six key alleys total in downtown University Avenue and downtown California Avenue and engage artists to create proposals for individual temporary artworks. This is an opportunity to engage recognized street artists, muralists or installation artists. Consider commissioning Stanford University MFA students. Potential Funding Sources: In Lieu Percent for Art funds, match from business associations, Palo Alto Zero Waste; External Partnership Opportunities: Palo Alto Downtown, California Avenue Business Association, business sponsorship; Internal Partners: Public Art Commission, Cubberley Artist Studio Program, Palo Alto Zero Waste. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 17 4.3.1.2 Short Term Recommendation: Commission an artist/artist team to create one unique design for new benches planned for the University Avenue downtown shopping district. Potential Funding Sources: In Lieu Percent for Art, match from business associations, CIP Percent for Art adding value to Department of Public Works CIP; External Partnership Opportunities: Palo Alto Downtown, local business sponsorship; Internal Partners: Public Art Commission, Department of Public Works. 4.3.1.3 Mid-Term Recommendation: Commission temporary artwork at the University Avenue Caltrain Tunnel that creates a strong visual bridge among the City of Palo Alto, its residents, businesses and the Stanford University community. Establish a programmatic framework to replace the artwork annually and develop collateral programming that engages commuters in arts related conversations and activities. For example, commission an artist to develop a crowd-sourced patterned mural throughout the length of the tunnel, or commission community members to submit poems that can be painted on the tunnel walls, or commission applied patterns to the tunnel floors that reflect themes submitted by commuters. Potential Funding Sources: In Lieu Percent for Art, Palo Alto Downtown, private business sponsorship; External Partnership Opportunities: Palo Alto Downtown, private businesses, Stanford University; Internal Partnerships: Public Art Commission, Cubberley Artist Studio Program, Transportation Division 4.3.1.4 Mid- Term Recommendation: Showcase the work of regional and national artists and Stanford graduate students in a program of changing, playful, interactive projects on Caltrain track fencing, Caltrain platforms, tunnels, walkways and ground floor office windows. Work with local business associations and neighborhood groups to identify two to four (2-4) opportunities annually. Potential Funding Sources: In Lieu Percent for Art, business sponsorship; External Partnership Opportunities: Caltrain, California Avenue Business Association, private businesses, neighborhood associations; City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 18 Internal Partnerships: Public Art Commission, Cubberley Artist Studio Program, Transportation Division. 4.3.1.5 Mid-Term Recommendation: Employ an artist/historian team to capture the unique music history of the California Avenue downtown district through temporary public art in alleys, building lobbies and windows. Potential Funding Sources: In Lieu Percent for Art fund, private sponsorship; External Partnership Opportunities: California Avenue Business Association, private businesses; Internal Partners: Public Art Commission, Cubberley Artist Studio Program, Palo Alto Art Center. Working Man by Viola Frey, Pasadena / Wonderland by Jaume Plensa, Calgary / I See What You Mean by Lawrence Argent, Denver 4.3.2 OBJECTIVE 2: Integrate impactful, permanently-sited public art project in business areas. 4.3.2.1 Long Term Recommendation (In- Progress): Employ an artist to be on the design team for upcoming downtown garages and the new Public Safety Facility and Garage adjacent to California Avenue to address facades and directional elements. Potential Funding Sources: CIP Percent for Art, In Lieu Percent for Art; External Partnership Opportunities: Palo Alto Downtown, local business sponsorship; Internal Partnerships: Public Art Commission, Department of Public Works, Public Safety Department. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 19 4.3.2.2 Long Term Recommendation: Commission artist-designed gateways on University Avenue at Alma and Middlefield. Select one artist to create impactful gateway sculptures that visually announce the downtown. Potential Funding Sources: CIP Percent for Art, In Lieu Percent for Art, business sponsorship; External Partnership Opportunities: private businesses; Internal Partnerships: Public Art Commission, Department of Public Works. 4.4 IN NEIGHBORHOODS Creating artworks in neighborhood settings is dependent on building partnerships with individuals and community organizations. These partnerships are important because they can stretch the resources for public art in Palo Alto, open up a wider range of artistic opportunities, and broaden public art's impact in the city. Laneways by Magda Sayeg, Sidney / FlipBooks by Jennifer Dixon, Seattle / Playground by Tom Otterness, New York 4.4.1 OBJECTIVE 3: Install public art in neighborhoods for residents to enjoy on a daily basis. Employ art to reflect community diversity and knit together Palo Alto’s 37 neighborhoods. Rotate temporary art among neighborhoods to refresh the landscape, build excitement and anticipation for what’s coming next, and engender cooperation among neighborhood groups. Present temporary art that changes over time and builds interest for repeat visits. Identify locations along routes, such as traffic circles, rest areas or cul-de-sacs, where changing artworks will enhance the walking or biking experience and encourage conversation. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 20 Commission pedestrian and bike-friendly art on trails and bridges. Locate permanent and temporary artworks that enhance the design of bridges and trails, assist with navigation and reinforce the unique characteristics of place. 4.4.1.1 Short Term Recommendation: Select four neighborhoods in diverse areas of the City to pilot creation of temporary artworks in right-of-ways, bulb-outs or traffic circles, and plan to rotate these artworks among the neighborhoods. Potential Funding Sources: CIP Percent for Art; External Partnership Opportunities: Neighborhood organizations and private individuals; Internal Partners: Transportation Division to integrate footings into pedestrian/bike areas recommended by Alta Design as part of Transportation element of Comprehensive Plan. 4.4.1.2 Mid Term Recommendation: Commission serial art experiences such as Greg Brown’s iconic downtown murals in other pedestrian-oriented areas, like Midtown, the shopping center adjacent to Cubberley Community Center and pedestrian and bicycle routes. Identify locations that enable artists to tell a story over a period of time and in multiple places. Potential Funding Sources: In Lieu Percent for Art and private donations; External Partnership Opportunities: Neighborhood Councils, Silicon Valley Bicycle Coalition, private individuals; Internal Partners: Cubberley Artist Studio Program. 4.4.1.3 Mid Term Recommendation: Commission artist-designed directional and informational elements and seating areas at City shuttle stops and bike corridors. Integrate these into the planning of new shuttle routes. Potential Funding Sources: CIP Percent for Art for design; Transportation Division CIP funds for implementation; External Partnership Opportunities: Neighborhood Councils, private individuals; Internal Partners: Public Art Commission, Transportation Division. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 21 4.4.1.4 Long-Term Recommendation: Commission and install art that invites climbing and physical interaction. Place these in public parks, school grounds, walking and bike paths to encourage engagement and stimulate physical activity by youth and families. Work with the Parks Division of the CSD to identify three to six (3-6) parks in diverse geographic areas of the City and engage an artist with a landscape design firm for the design of a playground. Potential Funding Sources: CIP Percent for Art adding value to CIP; External Partnership Opportunities: Private donors; Internal Partners: Parks Division to identify location opportunity and budget. 4.4.1.5 Long-Term Recommendation: Integrate art into Rinconada and Byxbee Parks. Identify locations and commission permanent, impactful artworks that integrated with the designs of these major parks. Potential Funding Sources: CIP Percent for Art; External Partnership Opportunities: Private donors; Internal Partners: Parks Division to identify location opportunity and budget. 4.5 ENVIRONMENTAL PROJECTS A focus on the natural environment and sustainability is a priority in Palo Alto. Public art is an important tool that can incorporate sustainable strategies, demonstrate green processes and utilize green design, materials, theories and techniques. Solar Phone Booth by Beth Furguson, Stanford University / Ridge and Valley by Stacy Levy, University Park (PA) / Still Life with Landscape by Sarah Sze, New York City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 22 4.5.1 OBJECTIVE 4: Use art to promote environmental stewardship and sustainability. Create partnerships with Environmental Services and local regional agencies to integrate public art into environmental projects. 4.5.1.1 Short-Term Recommendation: Embed an artist in the Environmental Services Division of the Public Works Department. As the City updates its interpretive programs, it can embed more artists for initiatives such as the recent Creative Ecology Art Center initiative that provide opportunities for young people from different communities to collaborate on art projects. Potential Funding Sources: CIP Percent for Art, Environmental Services; Internal Partners: Public Art Commission, Palo Alto Art Center, Cubberley Artist Studio Program. Carpet by Ellen Harvey, Chicago / Domestic Seating by Primitivo Suarez-Wolfe, San Francisco, / Light Channels by Bill Fitzgibbons, San Antonio 4.6 EMPOWERING HIGH QUALITY PROJECTS USING DEVELOPMENT FEES The public art in private development ordinance offers developers the opportunity to create on-site publicly accessible artworks or contribute to the In Lieu fund. In reviewing the opportunities created by the private percent for art, the consultants see two paths the City can take to employ the percent for art requirement to enhance its neighborhoods, shopping districts and transportation corridors. Both approaches will provide developers with clear direction and yield artworks that are of a relevant scale, location and medium to enhance their developments and their surroundings. One path is to treat each new development as a separate project, stimulating high quality artworks by providing developers with guidelines regarding different architectural typologies. These guidelines should articulate the appropriate locations for /project types, the appropriate media, the /need for public art consultants so that their on-site project reach a high standard and meet the City’s design aspirations. Another path is for the Public Art Program to commission a series of area-specific art plans throughout the city that would identify locations, types of art, and media appropriate for the area that would help reinforce the distinct characters of these districts and make them more City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 23 desirable destinations. Developers could review the plan relevant to the area in which they are building and choose to pay the In Lieu fee toward the realization of the artwork identified in the plan. Staff would then be responsible for implementing these plans. 4.6.1 OBJECTIVE 5: Commission artists or artist/design teams to create specific public art plans for areas of Palo Alto where development is taking place. The distinct areas that could benefit from a comprehensive approach to public art planning are downtown California Avenue, including adjacent alleys, from the train station to El Camino; downtown University Avenue, including adjacent alleys, from Middlefield to Alma; Stanford Research Park; El Camino Real corridor from San Antonio to Sand Hill Road; the Embarcadero Corridor east of 101; and the Charleston Arastradero corridor from Middlefield to Gunn High School. 4.6.1.1 Short Term Recommendation: Solicit detailed public art plans for the Embarcadero Corridor, downtown University Avenue and Stanford Research Park. Potential Funding Sources: In Lieu Percent for Art; External Partnership Opportunities: Palo Alto Downtown, Stanford Research Park; Internal Partners: Planning & Community Environment, Development Services. 4.6.1.2 Mid-Term Recommendation: Solicit detailed public art plans for El Camino Real, California Avenue downtown and the Charleston Arastradero Corridor. Potential Funding Sources: In Lieu Percent for Art; External Partnership Opportunities: California Avenue Business Association, Gunn High School, private businesses and individuals; Internal Partners: Planning & Community Environment, Development Services. 4.6.1.3 Mid-Term Recommendation: Provide developers with the option to contribute In Lieu toward the realization of an artwork included in the completed public art plan specific to the area in which the development is located. Total Cost: None; External Partnership Opportunities: California Avenue and Palo Alto Downtown, Stanford Research Park, Private Developers; Internal Partners: Planning & Community Environment, Development Services. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 24 4.6.1.4 Long-Term Recommendation: Commission specific artworks identified in the public art development district plans as funding accumulates. Oversight of artist and artwork selection and project management are the responsibility of Public Art Program staff in accordance with established practices and procedures. Funding Source: In Lieu Percent for Art; External Partnership Opportunities: California Avenue and Palo Alto Downtown, Stanford Research Park; Internal Partners: Planning & Community Environment, Development Services. Participants in Palo Alto Mobile Art Platform (MAP) by Chris Treggiari and Peter Foucault / Students from Azusa Pacific University (CA) create mosaic artworks for Azusa Downtown Station by Jose Antonio Aguirre / Students from Cal State University San Bernadino (CA) work on Blue Tree by Greenmeme 4.7 EDUCATIONAL INITIATIVES Collaborating with other City Department as well as Palo Alto’s community organizations, Stanford University businesses and citizen groups on public art educational initiatives will leverage financial and staff resources to deliver greater quality, value and a broader range of public art experiences than would otherwise be possible. Building support and momentum for a high quality public art program is dependent on engaging community members and all partners in the value of public art. Educational programming will help accomplish this objective. The implementation of the following objectives will be accomplished by Public Art staff in partnership with the entities listed and therefore no funding has been assigned to these initiatives. Stanford University is an essential and valued partner for the Program’s educational initiatives as its visual arts programs, faculty and students are a resource that can add both depth and breadth to the public art conversation. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 25 4.7.1 OBJECTIVE 6: Use available tools to engage the public in the Public Art Program. 4.7.1.1 Short-Term Recommendation: Increase use of mobile platforms and social media as a means of promoting the Public Art Program. Begin by including interactive elements for the Public Art Program’s Facebook page such as quizzes and virtual scavenger hunts to stimulate a two-way conversation such as the programs developed by Association for Public Art in Philadelphia or Rose Kennedy Greenway in Boston. 4.7.1.2 Short-Term Recommendation: Refine the standard public art presentation to be used in a range of community settings. Train Public Art Commissioners to deliver presentations to community members, students and business people. 4.7.1.3 Short-Term Recommendation: Create ‘fun facts’ about public art for display on Palo Alto’s shuttles, for Palo Alto Online and for inclusion in the recent public art project media installation in the lobby of City Hall. 4.7.2 OBJECTIVE 7: Engage partners in educational initiatives. 4.7.2.1 Short-Term Recommendation: Strengthen the connection between the Public Art Program and other Community Services Department programs and initiatives. Expand synergy between the work of the Palo Alto Art Center, CASP and the Public Art Program by initiating an exploratory meeting among those divisions. Expanded partnerships can take the form of coordinated marketing and cross- division programming such as tours, lectures and social media. 4.7.2.2 Mid-Term Recommendation: Engage cyclists and walkers with public art by creating tours and maps that showcase public art on their routes. Include public art in Palo Alto’s trail brochure so that cyclists and walkers can enjoy the City’s art collection. Include public art tours during Bicycle Week. 4.7.2.3 Mid-Term Recommendation: Build stronger connections with Stanford University by encouraging the university to host lectures by nationally acclaimed artists creating public art in the City and by creating volunteer opportunities for students to participate as docents. 4.7.2.4 Mid-Term Recommendation: Host Public Art Program presentations and events at the Institute for the Future and other business locations. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 26 4.7.1.4 Long-Term Recommendation: Explore the Library’s role in supporting and promoting public art. Partner with the Library to develop a standard, museum- type authority file that includes background on the individual public artworks, the artists who created them, and a bibliography of those artists’ work. Consider the possibility of establishing a lending library of portable works that the public could borrow, using the programs at Oberlin and Williams College as examples. Jose Antonio Aguirre and Carole Ouiejan review plans with design team, Temple City (CA) / Andrew Leicester with model of Gold Line Bridge, Arcadia (CA) / Frances Whitehead, Bloomingdale Line, Chicago 4.8 EMBEDDING ARTISTS IN THE WORK OF THE CITY Artists can contribute to the look, feel and operations of the City if they are actively engaged in thinking about the work of City Departments and Commissions. The following strategies can be staff-initiated and have been successfully employed by cities throughout the United States. OBJECTIVE 8: Employ the skills of regional and national artists to enhance the work of the City. 4.8.1 Short Term Recommendation: Promote inclusion of artists in the City’s planning processes such as City boards and commissions. Artists bring important leadership to the planning process. By sitting on boards and commissions, artists bring creativity and excellence in design, helping to advocate for the importance of distinctive and site-specific design. 4.8.2 Mid-Term Recommendation: Provide public art training to local artists. The Public Art Program can join with other regional public art programs to initiate a series of Bay Area training sessions providing artists with professional development opportunities and information about available commissions. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 27 4.8.3 Mid-Term Recommendation. Embed artists in City Departments, starting with the Transportation Division and Environmental Services Division of Public Works to enhance the quality of design and reinforce the importance of work done by the departments. Funding Source: In Lieu Percent for Art; Internal Partners: Transportation Division, Environmental Services, Public Works. 5 PUBLIC ART POLICY AND PROGRAM ADMINISTRATION 5.1 COLLECTION MANAGEMENT The image and value of the City’s public art collection depends on the work being in good condition, which requires careful documentation, monitoring, and maintenance. The City currently owns over 300 artworks of uneven quality and has new projects underway. It has recently commissioned condition assessments of key works by ARG conservators. In addition, a collection assessment prepared as part of the public art master planning process is attached to this report as Appendix 4. 5.1.1 OBJECTIVE 9: Ensure that artwork maintenance, conservation, and collection review occur with regularity. 5.1.1.1 Short term Recommendation: Refine and update the Deaccession of Artwork Policy for the removal and disposition of artwork on City-owned land and in City- owned facilities for review and acceptance or rejection by the Public Art Commission. It is important for the City to retain the right to remove any artwork in the public art collection that, among other considerations, requires excessive maintenance, poses public safety risks, is damaged beyond repair, or is adversely affected by changes in the site. It is critical that considerations of removal and relocation of an artwork are governed by careful, standardized procedures that represent best professional practices in the field of public art and serve to insulate the deaccessioning process from fluctuations in personal taste. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 28 5.1.1.2 Mid Term Recommendation: Provide ongoing financial and staffing support for public art collection management and conservation. It is essential that there are adequate resources for staff to oversee inventory, cataloguing, and assessment of all artwork on a regular basis in order to retain the value and success of the Public Art Program. 5.2 BEST PRACTICES: POLICIES, ORDINANCES, AND GUIDELINES As the national profile of the Palo Alto Public Art Program continues to rise, it’s important that the policies and procedures related to public art are updated to meet best practices in the field of public art. If an ordinance or policy is vague, it is open to interpretation, which is likely to result in inconsistencies in implementation and misunderstanding about its purpose. Therefore, providing the clearest definitions to accurately represent the specific objectives inherent to the public art ordinances and policies are critical to the success of the program. 5.2.1 OBJECTIVE 10: Apply national standards and best practices in the field of public art for added transparency and accountability. 5.2.1.1 Short Term Recommendation: Adopt new policies and update existing policies, ordinances, and guidelines to reflect best practices in the public art field. To bring Palo Alto’s ordinances and policies to current national standards and best practices in the field of public art and to provide adequate information on the purpose, requirements and procedures necessary to implement it, the City should adopt and from time to time amend policies (in addition to the Deaccession of Artwork Policy noted above) as follows: Gifts Policy Murals Policy and Guidelines Temporary Artwork Policy The Public Art Program administrative practices regarding artist and artwork selection and community engagement can be enhanced by refining their standards and guidelines. In addition to guiding City department staff, they serve to inform the general public in understanding the goals, policies, and procedures of the Public Art Program. The City should refine guidelines on the selection of artists. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 29 5.3 PROGRAM ADMINISTRATION Public Art Program staff’s role has expanded significantly since the two full-time positions were established in 2013-14, with additional oversight by the Assistant Director overseeing the Arts and Sciences. With changes to the public percent for art and introduction of the private percent for art, staff is tasked with oversight of the public art collection as well as oversight of a public art process that involves multiple departments and review bodies. In addition, the increasing volume of projects, focus on partnerships, new program initiatives and policy changes recommended in this Public Art Master Plan require a sufficient workforce of experienced and dedicated staff to achieve success. There must be a dependable funding source for permanent staff that adequately supports administrative and project management expenses for costs associated with the administrative coordination of private on-site projects and for artist selection and project management of publicly-funded projects, collection management, community outreach and education. 5.3.1 OBJECTIVE 11: Ensure ongoing staff support for successful administration of the public art program. 5.3.1.1 Short Term Recommendation: Periodically review the percentage of In Lieu funds allowable for Administration to cover costs of public art program staff and consultants for public art projects. Review the In Lieu procedures to ensure funds can be used for appropriate project purposes such as: Pay for Public Art Program staff project management; Hire artists to create artworks and participate in planning efforts; Fabricate and install artworks; Maintain artworks created through In Lieu funds; and Hire consultants to manage municipal public art projects if Public Art Program staff needs additional staff support. 5.3.1.2 Short Term Recommendation: Continue to include Public Art Program staff at the earliest levels of inter-departmental planning initiatives. Public Art Program staff can provide professional expertise to identify future opportunities for art projects and to: Define public art goals, guidelines and opportunities that include the City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 30 examination of character, connections, history and land uses; Outline criteria for placement of public art, including appropriate material and scale; Classify high visibility placement opportunities; Describe programming ideas for temporary public art installations and performances; and Recognize City departments that can collaborate with the Public Art Program for the successful implementation of each public art project initiative. 5.3.1.3 Short Term Recommendation: Consider a periodic review of funding structures and project management scope of work for public art in private development projects to ensure that the public art program is following best practices in the field of public art and serving the needs of the City and developers. City of Palo Alto DRAFT Public Art Master Plan June 1, 2016 31 6 APPENDICES Appendix 1: List of Meeting Participants Appendix 2: List of Proposed Public Artwork Locations Appendix 3: Analysis of Mobile Arts Platform (MAP) Appendix 4: Public Art Collection Assessment Appendix 5: Implementation Grid Palo Alto Public Art Master Plan Meeting Log Appendix One Date Person Affiliation Type 2/23/2015 Rob De Geus Community Services Department Meeting: Internal Stakeholder 2/24/2015 Amy French Planning & Community Environment Department Meeting: Internal Stakeholder 2/24/2015 Mike Sartor, Brad Eggleston Public Works Department Meeting: Internal Stakeholder 3/13/2015 Ben Miyaji Public Art Commission Meeting: External Stakeholder 3/27/2015 Matthew Tiews Stanford University Meeting: External Stakeholder 3/27/2015 John Aikin Junior Museum and Zoo Meeting: Internal Stakeholder 3/30/2015 Oleg Lobykin, Marianne Lettieri, Paloma Lucas, Mel Day, Barbara Boissevain, Daniele Archambault, Jonathan Fisher, Dony Cesera, Bette Kiernan, Judy Gittelsohn Artist Focus Group Focus Group: External Stakeholder 3/30/2015 Annette Glanckopf Midtown Resident Meeting: External Stakeholder 3/30/2015 Judge Lucky, Lane Pianta Palo Alto Children's Theatre Meeting: Internal Stakeholder 4/1/2015 Karen Kienzle, Lisa Ellsworth, Fanny Retsek Palo Alto Art Center Focus Group: Internal Stakeholder 4/8/2015 Downtown Business and Professional Improvement Association Downtown Business and Professional Improvement Association Focus Group: External Stakeholder 4/8/2015 Daren Anderson Parks Meeting: Internal Stakeholder 4/14/2015 Emily LaCroix, Amal Aziz, Lacee Kortsen, MarchlaRina Davis Community Services Department Focus Group: Internal Stakeholder 5/14/2015 Jessica Roth, Mora Oomen, Elena Silverman California Avenue Business Representatives Focus Group: External Stakeholder 5/14/2015 Bob Bonilla, Catherine Capriles, Geoffrey Blackshire Police and Fire Departments Focus Group: Internal Stakeholder 5/14/2015 Chop Keenan Developer Meeting: External Stakeholder 5/14/2015 Dina Cheyette Veterans Administration Meeting: External Stakeholder 5/14/2015 David Harris, Maurina Gorbis Institute for the Future Meeting: External Stakeholder Appendix One Palo Alto Public Art Master Plan Meeting Log 5/14/2015 Amanda Ross, Ben Miyaji, David Harris, Judy Kleinberg, Linda Gass, Matthew Tiews, Meera Saxena, Paula Kirkeby, Rachelle Doorley, Shagorica Basu, Steve Ferrera, Yoriko Kishimoto, Joelle Dong Heller, Sophie Swezey, Deanna Messinger Public Art Advisory Committee Public Art Advisory Committee Mtg. 5/15/2015 Russ Cohen, Barbara Gross, Travis Nichols Downtown Business and Professional Improvement Association Focus Group: External Stakeholder 5/15/2015 Leslyn Leong Leadership Palo Alto Meeting: External Stakeholder 5/15/2015 Walter Rossman, Eric Bilamoria Budget: City Managers Office Meeting: Internal Stakeholder 5/15/2015 Molly Stump City Attorney Meeting: Internal Stakeholder 5/15/2015 Claudia Keith Economic Development/Our Palo Alto Meeting: Internal Stakeholder 6/22/2015 Leslyn Leong, Terry McMahon, Bobby Fox, Camelia Sutorious, Nancy Lewis, Stephen McGraw, Erin Tajime Castelon Neighborhood Focus Group Focus Group: External Stakeholder 6/22/2015 Peter Ruddock , Tricia Mulvey, Jerry Hearn, Bruce Hodge Environmental Group Focus Group: External Stakeholder 6/22/2015 Amy French, Sarah Seyed, Jonathan Lait Planning & Community Environment Department Focus Group: Internal Stakeholder 6/22/2015 Hillary Gitelman Planning & Community Environment Department Meeting: Internal Stakeholder 6/23/2015 Jennifer Hetterly, Lucy Larson, Peter Jensen, Stacey Ashland, Alexander Lew, Alex Lew, Tina Keegan, Kyu Kim, Ben Miyaji Public Art Boot Camp Boot Camp: Internal Stakeholders 6/23/2015 Paula Kirkeby, Karen Frankel, Eric Filseth, Judith Wasserman Former Commissioners Focus Group: External Stakeholder 6/23/2015 Tommy Fehrenbach Economic Development Meeting: Internal Stakeholder 6/24/2015 Jackson Kienitz, Jason Pollak Teens Focus Group: External Stakeholder Appendix One Palo Alto Public Art Master Plan Meeting Log 6/24/2015 Ewa Nowicka, Lauren Baines, Julie Jigour Performing artists Focus Group: External Stakeholder 6/24/2015 Tiffany Griego, Whitney McNair Stanford Real Estate Meeting: External Stakeholder 7/1/2015 MJ Elmore Advisory Committee Member Meeting: External Stakeholder 7/7/2015 Robin Weiss, David Harris, Alessandro Voto, Julian Renard, Karin Lubeck, Andrew Covett- Booro, Daniel Burnen, Daria Lamb Palo Alto Commuters Focus Group: External Stakeholder 7/7/2015 Jill Stanfield, Meimei Pan, Kimberly Wong, Nalon Ng, Annie Yamashita, Robert Yamashita Neighborhood Focus Group Focus Group: External Stakeholder 7/13/2015 Trish Mulvey, Jerry Hearn, Len Meterman Environmental Group Focus Group: External Stakeholder 7/13/2015 Beth Mostovoy, Susie Peyton, Betsy Halaby, Pearl Kruss, Mary Holzer, Roger Stoller, Trina Wilson, Rob Browne, Sheila Cepero, Mel Day Artist Focus Group Focus Group: External Stakeholder 7/13/2015 Meera Saxena Advisory Committee Member Meeting: External Stakeholder 7/13/2015 Carolyn Tucher Leadership Palo Alto Meeting: External Stakeholder 7/14/2015 Steve Ferrera, Esther Tokihiro, Deanna Messinger PAUSD Art Teachers Focus Group: External Stakeholder 7/14/2015 Shagurica Basu Advisory Committee Member Meeting: External Stakeholder 7/14/2015 Trish Mulvey, Jan Schachter, Ellen Uhrbrock, Kenneth Hou, Stephanie Grossman, David Harvey, Sandra Slater, Phil Faroudja, Barbara Jacobs Public Outreach Meeting Public Meeting 7/20/2015 Rhyena Halpern, Amanda Ross, Elise DeMarzo, Claudia Keith, Ben Miyaji Artist Selection: Artist Led Outreach Project Artist Selection Panel: Internal Stakeholder 8/3/2015 Elise DeMarzo, Peter Foucault, Chris Treggiari Artist-Led Outreach Meeting: Artists 9/2/2015 Michael Smit Artist, Former PAC Commissioner Meeting: External Stakeholder Appendix One Palo Alto Public Art Master Plan Meeting Log 9/8/2015 Michael Smit, Anja Ulfeldt, Kathryn Dunlevie, Mitchell Johnson, Jon Schachter, Loren Gordon, Alyssa Levitan Artist Focus Group Focus Group: External Stakeholder 9/9/2015 Matthew Tiews, Peggy Phelan, Ali Gass, Phillipe Cohen, David Lenox, John Barton, Branislav Jakovljevic Stanford University Focus Group: External Stakeholder 9/9/2015 Mike Anderson Art Collector/Developer Meeting: External Stakeholder 9/9/2015 Monique le Conge Ziesenhenne, Library Department Meeting: Internal Stakeholder 9/9/2015 Amanda Ross, Ben Miyaji, David Harris, Judy Kleinberg, Linda Gass, Matthew Tiews, MJ Elmore, Sid Espinosa, Steve Ferrera, Ewa Nowicka, Deanna Messinger Public Art Advisory Committee Public Art Advisory Committee Mtg. 9/10/2015 Sid Espinosa Microsoft Meeting: External Stakeholder 9/10/2015 Peter Pirnejad Development Services Meeting: Internal Stakeholder 9/10/2015 Mila Zelkha, Oleg Lobykin, Raj Bhargava, Rashmi Bhargava, Elizabeth Lada, Mary Holzer Public Outreach Meeting Public Meeting 9/24/2015 David Bower, Beth Bunnenberg, Patricia Di Cicco, Roger Kohler, Michael Makinen, Margaret Wimmer Historic Resources Board Historic Resources Board: Internal Stakeholder 10/5/2015 Marc Berman, Patrick Burt, Tom DuBois, Eric Filseth, Karen Holman, Liz Kniss, Greg Scharff, Greg Schmid, Cory Wolbach City Council Study Session City Council Study Session: Internal Stakeholder 10/14/2015 Jim Keene, Rob De Geus, Rhyena Halpern, Elise DeMarzo City Manager Meeting: Internal Stakeholder 1/28/2016 Ben Miyaji, David Harris, Matthew Tiews, MJ Elmore, Yoriko Kishimoto, Deanna Messinger, Steve Ferrera Public Art Advisory Committee Focus Group: External Stakeholder *The consultants had multiple meetings with Public Art Director Elise DeMarzo and Assistant Director, Arts and Sciences Rhyena Halpern throughout PUBLIC ART COLLECTION MAP This map offers a summary view of the existing permanently installed public art projects, murals, public art in private development as well as suggested locations and transit corridors for the future placement of permanent and temporary public art projects. Appendix 2 This view shows the placement of 42 existing permanently installed public art pieces and 15 murals. This map offers a summary view of proposed artwork locations. These artwork locations were identified in focus groups, community meetings, Mobile Art Platform project and interviews with City department representatives and external stakeholders. The map is intended to be a resource for consideration by the Public Art Program and Commission in the context of developing annual work plans. Permanently Installed Art Murals Art in Private Development Proposed Sites for Permanently Installed Art Proposed Sites for Temporary Installed Art Proposed Art for Bike Lanes Proposed Art for Downtown Alleys Downtown Palo Alto – detailed view featuring existing permanently installed public art projects, murals, public art in private development as well as suggested locations and transit corridors for the future placement of permanent and temporary public art projects. California Avenue, Palo Alto – detailed view featuring existing permanently installed public art projects, murals, public art in private development as well as suggested locations and transit corridors for the future placement of permanent and temporary public art projects. Permanently Installed Art Murals Art in Private Development Proposed Sites for Permanently Installed Art Proposed Art for Bike Lanes Proposed Art for Cal. Ave. Alleys Proposed Art for Transit Corridors Mitchell Park and Cubberley, Palo Alto – detailed view featuring existing permanently installed public art projects, murals, and suggested locations and bike lanes for the future placement temporary public art projects. Permanently Installed Art Murals Proposed Art for Bike Lanes Proposed Site for Temporary Public Art Instalaltion Around Rinconada Park, Palo Alto – detailed view featuring existing permanently installed public art projects, and a proposed location for temporary public art projects. Permanently Installed Art Proposed Sites for Temporary Public Art Research Park and Charleston – Arastradero Transit Corridors, Palo Alto – detailed view featuring existing permanently installed public art projects, murals, and suggested bike lanes and transit corridors for the future placement of permanent and temporary public art projects. Permanently Installed Art Murals Proposed Art for Bike Lanes Proposed Art for El Camino and Research Park Transit Corridors Baylands, Palo Alto Golf Course and Embarcadero Rd, Palo Alto – detailed view featuring existing permanently installed public art projects, murals, and suggested bike lanes and transit corridors for the future placement of permanent and temporary public art projects. Permanently Installed Art Murals Proposed Art for Bike Lanes Proposed Locations for Permanently Installed Public Art Proposed Public Art Projects Across Byxbee Park Palo Alto Public Art Collection - Map Legend Downtown Palo Alto Permanently Installed Public Art Mannino Joseph Rock 'n Roll Sculpture-sitedDowntown Library - Courtyard, 270 Forest Ave Abramovitz Carrie Separation Sculpture-sitedDowntown Library, 270 Forest Ave Alavi Seyed Forgotten Languages Sculpture-sitedCivic Center - 1st Floor, Lobby, 250 Hamilton Ave Narduli Susan Conversation Varella / Maltz Adriana / Nilton Digital DNA Lytton Plaza, 202 University Ave, at Emerson St Murals Utility Box Mural Multiple locations Brown Greg Garbage Man 136 Hamilton Ave Brown Greg Lady Watering 526 Waverley St Brown Greg Boy with Fishing Pole US Post Office, 380 Hamilton Ave, at Gilman Brown Greg Man Puching Cat in Stroller 281 University Avenue, Palo Alto CA Art in Private Development Donahue Scott Untitled 400 Emerson Street, Palo Alto CA Jacinik Marek Tree of Life 325 Lytton Avenue, Palo Alto CA Donahue Scott Untitled Archway 390 Lytton Avenue, Palo Alto CA Proposed Artwork Locations Public Parking Structure - Permanent Public Art University Ave Circle - Gateway Public Art King Plaza Temporary Public Art Installations Lytton Plaza Temporary Public Art Installations University Ave Pedestrian Tunnels Temporary Public Art Installations California Avenue Permanently Installed Public Art Steinman Susan California Avenue, California Native California Ave at El Camino Real Madden / Reed Jennifer / Jeffrey Sunflowers 440 S. California Ave near Mimosa Ln Wareham William Love Spoken Here 408 S. California Ave, at Ash Thoma Marta Go Mama California Ave at Ash Hunnicutt Fred Jungle Jane California Ave at Birch St Wang Po Shu Untitled (El Palo Alto)California Ave at Birch St Szabo Michael Confluence California Avenue Plaza Goreniuc Paul Tangents To L2 Sarah Wallis Park, 202 Ash St Thoma Marta Rrrun Bowden Park, 2380 High St/Alma St at Oregon Expy Slater Gary Cube Construction Bowden Park, 2380 High St/Alma St at Oregon Expy Benton Fletcher Tilted Donut #5 Corner of El Camino Real and Page Mill Rd Nybeck Beth Wild Hoover Park Murals Soumah Mohamed Under The Sun 440 S. California Ave at Mimosa Ln Huffman David Untitled 341 California Ave Johanson Christopher Untitled 341 California Ave Piziali Joey Untitled 341 California Ave Consigny Noel Mayfield Train Station 310 S. California Ave, at Birch St Art in Private Development Goggin Brian Body of Urban Myth Sheridan Plaza, 200 Sheridan Ave, Palo Alto, CA Proposed Artwork Locations Public Safety Building Project - Permanent Public Art - 275 Forest Ave Cal Ave - New Mayfield Alley 1- Public Art in Alleys Project Cal Ave - Park Blvd 1 - Public Art in Alleys Project Cal Ave - Birch Blvd 2 - Public Art in Alleys Cal Ave - Mayfield Ln Alley 2 - Public Art in Alleys Project Cal Ave -Jacaranda Ln Alley - Public Art in Alleys Project Cal Ave - Mayfield Ln Alley 3 - Public Art in Alleys Project Cal Ave - Jacaranda Ln Alley 3 - Public Art in Alleys Project Cal Ave - Jacaranda Ln Alley 4 - Public Art in Alleys Project El Camino Real (Sand Hill - San Antonio) Transit Corridor Park Blvd Bike Lane Mitchell Park and Cubberley Permanently Installed Public Art Beasley Bruce Arpeggio V Mitchell Park Library Entrance Oldham Brad Whimsy and Wise Mitchell Park Library & Community Center Stoller Roger Cloud Forest Mitchell Park Library Entrance Hunnicutt Fred Push Mitchell Park, 600 East Meadow Ave Szabo Michael Arch Cradle Mitchell Park, 600 East Meadow Ave Johnson Bruce After the Fire Mitchell Park - 3700 Middlefield Rd, near tennis courts Murals Verlander Mark Follow Your Heart Mitchell Park Community Center Brown Greg The Ornidontist 2741 Middlefield Rd (faces back parking lot) Proposed Artwork Locations Cubberley Community Center Temporary Public Art Projects Charleston Rd Bike Lane Ross Ave Bike Lane JLS - E. Charleston Bike Lane Bryant Blvd Bike Lane San Antonio Bike Lane Rinconada Park Permanently Installed Public Art Wagner Gale Albuquerque Art Center, 1211 Newell Rd, facing Embarcadero Rd Toki John Student Mural Art Center - Exterior Auditorium Oliveira Nathan Universal Woman Art Center - Sculpture Garden, 1313 Newell Rd Shire Peter Skyhook Boca Raton Art Center - Sculpture Garden, 1313 Newell Rd Kirk Jerome Homage to Silence Art Center - Sculpture Garden, 1313 Newell Rd Coleman Brian Excel Art Center - Exterior Main Entry, 1313 Newell Rd Criative Machines (O'Connell / Hanckock)Brilliance Rinconada Library, 1313 Newell Road Rand Steven Jay Movement IV Lucie Stern Community Center, 1305 Middlefield Rd Proposed Artwork Locations Art in Parks across Palo Alto - Temporary and Permanent Public Art Research Park and Charleston – Arastradero Transit Corridors Permanently Installed Public Art Bui Thai Needed El Camino Real at Adobe Creek Murals Bricca / Schultz / community Morgan / Jennifer Apricot Tree of Life Juana Briones Park, Clemo Avenue at Arastradero Road Proposed Artwork Locations Research Park Transit Corridor Arastradero - E.Charleston Bike Lane Bol Park Bike Lane to Gunn High School Matadero Ave Bike Lane Baylands, Palo Alto Golf Course and Embarcadero Rd Permanently Installed Public Art Gold Betty Kaikoo V Municipal Golf Course, 1875 Embarcadero Rd Webb Martin Riding the Currents Palo Alto Water Quality Control Plan Sobel Ceevah Streaming 2027 E. Bayshore Rd Zalenski Joan From Sea To Shining Sea Greer Park, 1098 Amarillo Ave Moore James Bliss in the Moment Outside Byxbee Park Flores Gene Filaree Greer Park Murals Webb Martin Currents Water Quality Control Plant Proposed Artwork Locations Adobe Creek Bike / Pedestrian Bridge Project - Permanent Public Art Friendship Bridge Project Newell / Woodland Ave Bridge Project Byxbee Park - Public Art Projects across the park Embarcadero Rd Transit Corridor 1 APPENDIX 3: City of Palo Alto Public Art Master Plan Mobile Art Platform – What’s the Big Idea? Report One month long interactive public art work, integrated into the Public Art Master Plan Process September through October 8, 2015 Number of Participants: 350 Locations and Meeting Dates Thursday September 10th: Midtown Shopping Center @ Walgreens King Plaza / City Hall Saturday September 12th: Rinconada Park Sunday September 13th: California Avenue Farmers Market Hoover Park Thursday September 17th: Gunn High School Mitchell Park Community Center Friday September 18. 2015: Palo Alto Art Center Thursday September 24, 2015: Town & Country Village Antonio’s Nut House Friday September 25, 2015h: Baylands Athletic Center Saturday September 26, 2015: Cubberley Community Center Mitchell Park Library Thursday October 1, 2015: Magical Bridge Playground Lytton Plaza Saturday, October 3, 2015: Stanford Shopping Center City of Palo Alto Appendix 3: Analysis of Mobile Art Platform February 26, 2016 2 Thursday October 8, 2015h: Cogswell Plaza / Avenidas Meet the Street Event, Downtown Palo Alto Ideas for Locations and Artwork Types: California Ave: Connect to the history and character of the neighborhood. Current public art does not “fit in” with the neighborhood. Place art inside of some of the vacant storefronts. Sponsor more day/night events on California Avenue including visual art and music. Downtown: Place more murals on the buildings, especially closer to University Ave. Younger participants favored urban/graffiti art and older residents respond to the established murals of Greg Brown. Sponsor more day/night events on California Avenue including visual art and music. Create nighttime projections on buildings in the downtown area. Create “street art zones” -- designated walls where artists can create street art. Make this a rotating program featuring different artists and events. Parks: Commission more sculptures that people can touch, climb on and interact with. Create engaging public artworks that address the history of this area. Commission public art that engages children and youth. Build them in safe, touchable, durable materials General comments: Integrate technology and digital media into the public art, reflecting Silicon Valley as the technology capital of the world. Include more diversity in the selection of public artists and commission artworks that reflect diversity in their content and aesthetics. Engage local artists. Quotes: “Integrating tech into the public art. How can we utilize the technology.” “Art in unexpected places…especially downtown.” “Making art more interactive! I want to be able to touch it, sit on it, feel it.” “Walking/bike tours of public art in Palo Alto.” City of Palo Alto Appendix 3: Analysis of Mobile Art Platform February 26, 2016 3 MAP Palo Alto Grant Synopsis, “What’s the Big Idea?”: By Peter Foucault and Chris Treggiari From September to early October 2015, Mobile Arts Platform (MAP) artists Peter Foucault and Chris Treggiari completed “What’s the Big Idea?” - an interactive pop-up art project that asked residents of Palo Alto what they would like to see the future of art in Palo Alto to look like. For this project MAP designed two custom-built bicycles that pulled mobile trailer units, which could arrive on-site and pop-up into a portable art- making and idea-generating space. The goal of the project was to directly engage residents in a creative and fun way and gather their thoughts on how artists might make Palo Alto a more vibrant or livable city. All components of this project were powered by two rechargeable electric generators so it required no outside power source and left no carbon footprint. Throughout the project MAP received more than 250 written responses and over 300 photographs documented in the field. Over the course of the project we engaged over 350 participants through conversations about public art and its future in Palo Alto. In general everyone was extremely interested in talking to us and at least discussing how they would improve their neighborhoods and the current and future state of Public Art. Project Description MAP created an interactive, hand-screen-printed poster that was designed as an “Idea Patent” referencing a technical blueprint schematic complete with an image of the Edison lightbulb. The posters had write-in dialog spaces that asked participants three questions. The first question – “I would improve my community by____” – served as a lead-in question to begin their thought process and respond to a more general and broad topic. From here people were invited to dive in deeper and respond to the questions: “Where would you like to see art is Palo Alto?” and “How can artists make Palo Alto a more livable city?” Once the idea patent was filled out they were approved by hand stamping a “Yeah!” rubber stamp in a designated space on the poster. Participants were then invited to hold up their “Idea Patent” and have a photo taken of their response on an iPhone. Once the photo was taken a perforated bottom portion of the poster paper was folded and torn off. This bottom portion contained questions #2 and 3, which was collected and given to the Palo Alto Public Art staff to process. The rest of the poster was given to participants as a free take away from the interaction. The photos were printed in real time via a small wireless printer and included in a photo archive display that was mounted on one of the trailers and grew over the course of the project. People really enjoyed looking through these photos to see what others’ responses were and it served to spark further City of Palo Alto Appendix 3: Analysis of Mobile Art Platform February 26, 2016 4 conversation on these topics. The posters included a web address where people could get further information on the project and access a list of upcoming set up locations. In addition to the photo montage, two LCD ticker boards were installed on the sides of the mobile carts. MAP displayed responses to the three questions and scrolled them across the screens to further share content from the project back with the community. These were particularly successful when set up at night and served as a visual lure to invite people to see the project from a distance and come in closer to investigate. MAP also installed battery powered LCD light cords to further illuminate the installation when set up at night. As a further interactive component MAP designed to allow the bikes and trailers to be activated while in transit between locations where two “Honk if You Like Public Art” signs that were installed in prominent and easy to read locations above the awning spaces on the trailers. Commuters in cars really seemed to get a kick out of this and we got around 30 “Honks” as responses. Artist/Community Interactions MAP set up this project at 19 different locations across the city that were selected to allow the greatest reach in terms of demographics of participants and geographic areas in the city. The most successful locations were the larger events we engaged with, including the California Ave Farmers Market, The Moonlight Run, the Mayor’s “Meet the Street” event downtown, and our lunchtime set up at Gunn High School. We really enjoyed these locations because of the large number of participants and overall interest from the audience we received. In these cases it was important to be embedded in the event, which made people more open to approach the project and less suspicious of our agenda in asking questions and collecting information. Another great location was the Avenidas Senior Center because we were able to interact with an older demographic that had a rich collective knowledge of local public artworks around the city. Some less successful locations were in front of City Hall and near the Magical Bridge Playground. In both cases we were trying to catch participants who were in transit from point A to B. While set up at City Hall, people were on their way home and had no time to stop and engage. In the case of the Magical Bridge Playground it was hard to get parents to invest time in the project because their kids where rushing off into the playground. Transitory spaces can be challenging but not impossible, it often just takes engaging at the right time and being positioned in a location that has a steady flow of pedestrian traffic. Even being set back from a pedestrian corridor by a short distance can detour people from coming up and being curious. In many of the downtown locations we found that around 5-6 PM was most successful in terms of getting the most participation, a time when people were off of work and out on the town for dinner and entertainment. In the end however we really enjoyed all of the locations we popped-up in, providing us unique experiences and audiences with each spot. City of Palo Alto Appendix 3: Analysis of Mobile Art Platform February 26, 2016 5 The Palo Alto Public Art Commission was very helpful in implementing these installations and was on hand at 10 different locations to help interact with participants and directly engage community members. This was particularly helpful in answering specific questions the public had about artworks in Palo Alto, the history of public art in the City, and details about the current and future Public Art Master Plan. The commissioners and the staff were also of great assistance in giving us a hand when we had a large amount of participants interacting with the project. In the end they were important for the success and quality of the engagements we had with the community. Analysis of Community Interactions Some trends we discovered were people’s interest in more free public events in the form of film screenings, music events, pop-up art shows, and street festivals. There was interest in more murals on underutilized buildings using street art techniques and styles. Participants also talked about the idea of having more Public Art that directly addresses the history of Palo Alto, Silicon Valley and the Bay Area. Some criticisms we received voiced concerns that some of the public art currently installed around the city does not resonate with the culture and mindset of Palo Alto residents. We also received responses that asked for more support of local artists so they can sustain their practice in such an expensive economic climate, and showcasing the diversity in the arts and artists in the area. In the end, people were excited to participate in the project but sometimes were not as informed about local public arts, or have the time to get involved on a deeper level. Conclusion MAP really enjoyed our month-long engagement with the diverse residents and locations in Palo Alto. We were embraced and encouraged by our participants, the Public Art staff, and the Art Commission which allowed us to create and operate a successful platform. A project like this takes time to invest in a community and the month-long timeframe was a great start. As with all community engagement projects momentum is good for the visibility and sustainability. It was great to create a buzz where we could begin to see people we recognized around the City (through previous participation) in multiple locations and have many of our upcoming locations be spread through word of mouth bringing along their friends and family to take part. It began to create a feeling of family and acceptance in a community where we were transplants, and where we were able to create an impact for a period of time. Through these interactive tactics the public can further their perspective of the parameters public art can manifest in. We hope the Commission will continue supporting this type of work in the community. From what we experienced from this project over the course of the month, the public was supportive and interested! APPENDIX 4: City of Palo Alto Public Art Master Plan Public Art Collection Assessment Report The City of Palo Alto owns a permanently-sited public art collection that dates back to 1976, excluding any historical artworks that may not be in the Public Art database. There are 44 permanently-sited artworks listed in the database, 38 murals and 262 portable artworks, totaling a value of more than $2 Million. The artworks were acquired in a variety of ways: a) as commissions through public funding, b) as gifts of art and c) as public/private acquisitions. The permanently-sited artworks in the collection fall into several categories: Free-standing sculpture Site-integrated artworks Functional artworks Murals The small-scale “portable” artworks in the collection include both two- and three-dimensional works and are located in a variety of City venues. These artworks are in generally good condition. In addition to the permanently-sited and portable artworks, the Program has commissioned temporary artworks which are being documented for historical purposes. The condition of the permanently-sited artworks in the collection is generally good with a few notable exceptions. These should be evaluated by a qualified conservator and considered for either conservation or deaccession. These include artworks that were made of materials that are not suitable for outdoor display and artworks that are not structurally sound. Based on the conservator’s recommendation, these works should be repaired in place, repaired and relocated to a more suitable location, or deaccessioned. Vulnerable Artworks Architectural Resources Group (ARG), art conservation specialists selected by city staff, has conducted a thorough conservation assessment for a selected group of artworks in the collection, and will complete an evaluation of all of the artworks in the collection by September 2016. The assessment includes conservation recommendations and costs for these artworks. The following is an assessment of artworks observed by the Public Art Master Plan consultants with recommendations regarding their disposition. California Avenue, California Native: This environmental artwork has been severely compromised by retrofits to the streetscape that have taken place since its original 1997 installation. Because the work is subject to the Visual Artists Rights Act, it is imperative that the City of Palo Alto continue to discuss the status of the artwork with the artist and determine whether it should be removed. The Public Art Program should consider City of Palo Alto Appendix 4: Public Art Collection Assessment February 26, 2016 2 commissioning the artist to create a new artwork that repurposes the elements of this artwork in a more suitable location on a trail or adjacent to a creek. Digital DNA: This artwork, constructed on a fiberglass base, is damaged and may be structurally unstable. It is covered with small, flat computer components that were screwed into the fiberglass shell. The coatings have peeled off and the existing boards are faded and some are breaking. Some of these have been pried off or are in danger of being removed. ARG has assessed it and recommended suitable repairs. However, the artwork is not suitable for outdoor display due to the nature of the materials and, if relocated to an indoor venue, will require substantial repair. Deaccession is recommended unless repairs are completed and a suitable indoor location can be found. Environmental Works at Byxbee Park: These environmental artworks are not listed in the City’s Public Art Database because they were originally integrated into the design of the park which is a land art installation. Many of the artist-designed mounds have deteriorated and been removed and the oyster shell pathways have not been maintained. While there are certain elements of the land art that remain relevant (the poles) the City does not intend to restore other elements of the composition. The Public Art Program should create signage at the site explaining the original land art design and the changes at the site that led to its removal. From Sea to Shining Sea: This artwork appears to be fabricated in concrete and inset in a sloping lawn where it has been vulnerable to damage by lawnmowers, weather and vandalism. It should be assessed by a conservator with a view toward deaccession. Go Mama: This artwork is a figure balanced on one foot. Artworks of this type should not be displayed in an outdoor location because of their structural vulnerability. This specific artwork is top-heavy and balanced on one point on a low pedestal. Its condition has been assessed by ARG, which has proposed conservation and fencing surrounding the sculpture. Because fencing the sculpture will compromise both the streetscape and the work; and because the artwork is poorly fabricated, it should be considered for deaccession. Nude in Steel: This artwork, typical for its time period, appears to have been brush painted as a means of preventing rust. ARG has completed an assessment and the work can be restored. Once repairs have completed the artwork should be moved to a suitable indoor location such as the auditorium at Cubberley Community Center. Rrrun: While this artwork is similarly top-heavy like Go Mama, it appears to be more structurally stable. ARG has assessed it and recommended conservation treatment. Because the artwork is fabricated from fiberglass which is not intended to be a long- lasting outdoor material its condition should be periodically reassessed and it should be considered for relocation to an indoor location or deaccessioned if a suitable location cannot be found. City of Palo Alto Appendix 4: Public Art Collection Assessment February 26, 2016 3 Student Mural: This ceramic artwork adjacent to the entrance of the Palo Alto Art Center auditorium appears to have been vandalized in the past. A conservator should assess its condition and recommend conservation or deaccession. Skyhook Boca Raton: This artwork is in fairly stable condition however the enamel steel elements are beginning to show signs of deterioration. ARG has assessed it and recommended appropriate repairs. All of the artworks in the collection should be regularly maintained. Fortunately, it appears that most of the artworks are in stable condition, that most required maintenance is routine in nature, and that maintenance can be conducted by properly-trained City staff. A maintenance manual for the entire permanent collection should be created that includes maintenance instructions created by the original artist, fabricator, or instructions created by a conservator where instructions do not exist. Instructions should include detailed information about the materials used in the artworks, methods of fastening, how the artwork is anchored, specifications for paint and/or other surface treatment, and cleaning instructions. The artist should also provide the City with scale drawings of the artwork, if available and, in the case of artworks that include lettering or images, the artist should provide the City with digital files. Aesthetics: The artworks in the collection are uneven in quality. This can be attributed to the way that they were acquired. Up until the last several years the Public Art Program was led largely by a changing group of Public Art Commissioners with the support of the Community Service Department staff. Because there was no clear vision for the collection, and because the program was being managed mainly by volunteers, the collection lacks a consistent aesthetic character and uniform vision. Variety is a strong point in a collection, just as it is in a library with books of certain character. That said, in the future, it is worth considering a few specific points: Diversity: The public art collection includes multiple works by the same artists and multiple works in the same material. While this can be strength if the goal is to establish a specific aesthetic character, it is also a weakness because it inhibits diverse voices. Recommendation: Except in the case of works that are specifically meant to be serial in nature, such as Greg Brown’s downtown murals, the City should strive to include a more diverse range of artists and avoid collecting additional works by artists who are already well represented by more than three permanently-sited artworks in the collection. It should also place a moratorium on artworks constructed in Cor-ten steel which is difficult to maintain and already well represented in the collection. Materials: Certain materials are more durable than others. Steel is more durable than wood; bronze is more durable than fiberglass. Artworks constructed of materials, such as fiber glass, that have a short life when exposed to the elements, should be City of Palo Alto Appendix 4: Public Art Collection Assessment February 26, 2016 4 commissioned as temporary artworks and the contracts written for them should specify the lifespan. Two artworks in the collection that currently fall into this category are Digital DNA and Rrun. Murals (see bullet point 4) also fall into this category. Recommendation: Contract with a qualified conservator to evaluate all artworks in the collection that are constructed of volatile materials and request that an appropriate lifespan be determined. Consider relocation of smaller scale, volatile works to sheltered or indoor locations. Construction methods: Permanently-sited, free-standing sculptural works can be prone to structural failure if poorly constructed or installed. While most of the sculpture in the collection appears to be stable, a conservation assessment will assess the safety of existing works, starting with the ones named in this report. Recommendation: Hire a conservator to assess free-standing artworks in the collection and recommend stabilization or deaccession. Require all artists commissioned who create permanent free-standing or site-integrated artworks to work with a certified engineer who can sign off on the safety of the artwork construction and installation. Murals The murals range in age starting with work created in 1976. None of the outdoor murals, with the possible exception of the Victor Arnautoff frescoes in the Roth Building, in the City’s collection are mosaic which indicates that all are likely to fade and deteriorate over time. Three main factors affect the condition of painted murals like those in the City collection: the direction the wall faces, the condition of the wall, and the paint used to create the work. All of the murals in the collection require assessment by a conservator to determine their condition based upon these factors. Another concern with murals is the likelihood that the buildings they occupy may be demolished or other buildings may be constructed that block the work. This is of particular concern with the much-beloved Greg Brown murals in the downtown area. Recommendation: Create high resolution photo documentation of all the murals in the City’s collection so they can be reproduced on portable materials such as canvas or vinyl if the buildings they occupy are demolished. Review all artists’ contracts to determine the legal status of the murals and prepare to contact muralists or their estates to determine the lifespan and eventual disposition of these artworks. Have a conservator evaluate and make recommendations regarding the condition and long term care for the 1920’s Victor Arnautoff frescoes at the Roth Building and ensure that they are protected during the upcoming construction. Portable Works The City’s portable artworks collection consists of purchases, gifts and student works. The City of Palo Alto Appendix 4: Public Art Collection Assessment February 26, 2016 5 collection consists of professional artists who have a connection to Palo Alto or have exhibited at the Palo Alto Art Center. Professional artists are defined in Municipal Code Section 2.25.010 (2). Not all of the works are of a uniform quality and their method of acquisition is not always clear. Resources are needed in order to respectfully collect and maintain a portable artwork collection: storage space, workspace to repair and reframe artworks, staff to manage installation, de-installation and record keeping. Recommendation: Adopt the proposed policy for the acquisition of artworks and estimate the cost of managing a portable collection. Consider a moratorium on acquisition of new portable artworks until such a policy and budget are developed. 1 APPENDIX 5: City of Palo Alto Public Art Master Plan Implementation Grid ST = Short Term (within one year) MT = Mid Term (two to five years) LT = Long Term (six to ten years) • The cost estimates are minimal cost estimates for the implementation of projects in 2016 dollars. Amounts are not inflation adjusted. OBJECTIVE ST MT LT RECOMMENDATION TOTAL EST. COST POTENTIAL FUNDING SOURCE 1 Locate art in unexpected places. Identify a total of six (6) alleys in downtown University Avenue and downtown California Avenue and solicit proposals for individual temporary artworks. $45,000 - $75,000 In Lieu Percent for Art Funds Palo Alto Zero Waste Business associations Commission an artist/artist team to create one unique design for new benches planned for the University Avenue downtown shopping district. $12,500 In Lieu Percent for Art Funds Department of Public Works CIP Palo Alto Downtown Commission temporary artwork at University Avenue Caltrain Tunnel. $55,000-$150,000 In Lieu Percent for Art Fund Palo Alto Downtown Private business sponsorship Showcase the work of artists and university MFA students on Caltrain fencing, platforms, tunnels, walkways, etc. on a changing basis. $15,000-$55,000 annually Caltrain California Avenue Business Association Private business sponsorship Neighborhood associations Commission an artist/historian team to celebrate the unique music history of California Avenue with temporary art. $7,500-$12,500 per artwork In Lieu Percent for Art Funds Private business sponsorship 2 Integrate impactful, permanently-sited public art in business areas. Employ an artist to be on the design team in upcoming downtown garages and the new Public Safety Facility and Garage. $100,000- $200,000 CIP Percent for Art In Lieu Percent for Art Funds *In Progress – subject to Municipal Percent for Art Commission artist-designed gateways on University Avenue at Alma and Middlefield. $120,000- $520,000 CIP Percent for Art In Lieu Percent for Art Funds Private business sponsorship 3 Install public art in neighborhoods. Select four (4) neighborhoods to pilot the creation of temporary, rotating artworks in right-of-ways, bulb-outs, and traffic circles. $5,000 per artwork plus footings and lighting CIP Percent for Art City of Palo Alto Appendix 5: Implementation Grid June 1, 2016 Commission serial art experiences in pedestrian-oriented areas. $5,000-$10,000 per artwork In Lieu Percent for Art Funds Private donations Commission artist-designed directional and informational elements and seating areas at City shuttle stops and bike corridors that can be easily manufactured. $10,000 CIP Percent for Art Transportation Division CIP Integrate art into the design of the Junior Museum and Zoo. $100,000- $160,000 CIP Percent for Art In Lieu Percent for Art *In Progress- Subject to Municipal Percent for Art Commission art that invites climbing and physical interaction for placement in public parks, school grounds, and walking and bike paths. $60,000 – 150,000 per artwork CIP Percent for Art Integrate art into Rinconada and Byxbee Parks. $120,00-$200,000 per artwork CIP Percent for Art 4 Use art to promote environmental stewardship and sustainability. Embed an artist in the Environmental Services Division of the Public Works Department. $20,000 per residency CIP Percent for Art Environmental Services Integrate art into future development of the San Francisquito Creek environmental projects. $15,000-$40,000 CIP Percent for Art Environmental Services San Francisquito Creek Joint Powers Authority *In Progress- Subject to Municipal Percent for Art Employ an artist to participate on the design team for the new Highway 101 Pedestrian-Bike Bridge. $80,000 CIP Percent for Art *In Progress-Subject to Municipal Percent for Art 5 Commission specific public art plans for areas of Palo Alto where intense development is taking place. Solicit detailed public art plans for the Embarcadero Corridor, downtown University Avenue, and Stanford Research Park. $15,000 per plan for a total of $45,000 for all three. In Lieu Percent for Art Solicit detailed public art plans for El Camino Real, California Avenue downtown and the Charleston Arastradero Corridor. $15,000 per plan for a total of $45,000 for all three. In Lieu Percent for Art City of Palo Alto Appendix 5: Implementation Grid June 1, 2016 Provide developers with the option to contribute In Lieu toward the realization of an artwork included in the completed public art plan specific to the area in which the development is located. None NA Commission specific artworks identified in the public art development district plans as funding accumulates. TBD In Lieu Percent for Art 6 Use available tools to engage the public in the Public Art Program. Increase use of mobile platforms and social media as a means of promoting the Public Art Program. None NA Refine the standard public art presentation to be used in a range of community settings. None NA Create ‘fun facts’ about public art for display on Palo Alto’s shuttles, for Palo Alto Online and for inclusion in the recent public art project media installation in the lobby of City Hall. None NA 7 Engage partners in educational initiatives. Strengthen the connection between the Public Art Program and other Community Services Department programs and initiatives. None NA Engage cyclists and walkers with public art by creating tours and maps that showcase public art on their routes. None NA Build stronger connections with Stanford University. None NA Partner with Stanford University to create volunteer opportunities for students. None NA Host Public Art Program presentations and events at Institute for the Future and other business locations. None NA Explore the Library’s role in supporting and promoting public art. None NA City of Palo Alto Appendix 5: Implementation Grid June 1, 2016 8 Employ the skills of regional and national artists to enhance the work of the City. Promote inclusion of artists in the City’s planning processes such as City boards and commissions. None NA Provide public art training to local artists. Embed artists in City Departments, starting with the Transportation Division and Environmental Services Division. $15,000-$30,000 per residency In Lieu Percent for Art 9 Ensure that artwork maintenance, conservation, and collection review occur with regularity. Refine and update Deaccession of Artwork Policy for the removal and disposition of artwork. None NA Provide ongoing financial and staffing support for public art collection management and conservation. None NA 10 Apply national standards and best practices in the field of public art for added transparency and accountability. Adopt new policies and update existing policies, ordinances, and guidelines to reflect best practices in the public art field. None NA 11 Ensure ongoing staff support for successful administration of the public art program. Periodically review the percentage of in- lieu funds allowable for administration to cover the costs of program staff and consultants. None NA Continue to include public art program staff at the earliest levels of inter- departmental planning initiatives. None NA Periodically review funding structures and project management scope of work for public art in private development projects to ensure that the program is following best practices in the field and best serving the needs of the City and developers. None NA City of Palo Alto City of Palo Alto Public Art Program Deaccession of Artworks Policy PUBLIC ART PROGRAM VISION Public art reflects Palo Alto’s people, diverse neighborhoods, the innovative and global character of its businesses and academic institutions, and the beauty of its natural environment. INTRODUCTION The Public Art Program (PAP) maintains the City of Palo Alto’s (City) collection of Artwork for the benefit of Palo Alto citizens. Removing an Artwork from the collection (deaccessioning) is a sensitive matter and should be managed according to clear criteria. The policies outlined below are subject to periodic review by the PAP; from time to time, with the input of the Public Art Commission (PAC), the PAP may update this policy to include additional guidelines or procedures as it deems appropriate. Except in the case of a safety emergency, no Artwork in the collection will be deaccessioned until the policies set forth below have been observed. This policy applies to permanent Artworks in the City’s collection; it is not intended to apply to “Temporary Artworks,” which are the subject of a separate policy. POLICY 1. Any proposal for removal or destruction of an Artwork shall be submitted to PAP staff and reviewed by the PAC according to the policies and procedures contained herein; review shall be deliberate and independent of political pressures, fluctuations in artistic taste, popularity, and public opinion. Where appropriate and at the discretion of the PAP, the procedures in this Deaccession of Artworks Policy may be applied to a site-specific permanent Artwork that is retained in the collection and relocated to another site. 2. Deaccession shall be a seldom-employed action that is taken only after issues such as Artists’ rights, public benefit, censorship, copyrights, and legal obligations have been carefully considered. The final decision with respect to deaccession of Artworks owned by the City shall rest with the PAP Director upon approval by the PAC. 3. At regular intervals, the City’s Artwork collection shall be evaluated by the PAP and reported to the PAC to determine the condition of each Artwork and determine whether there is Artwork recommended for deaccession. DEFINITIONS For purposes of this Policy, the following definitions apply. ARTIST: An individual generally recognized by critics and peers as a professional practitioner of the visual arts as judged by the quality of the professional practitioner’s body of work, educational background and experience, past public commissions, sale of works, exhibition record, publications, and production of Artwork. City of Palo Alto Deaccession of Artwork Policy Date: ____ 2016 2 ARTWORK: Works in any style, expression, genre and media created by an Artist and owned by the City of Palo Alto in the permanent collection, whether functional or non-functional. Artwork may be stand-alone and integrated into the architecture, landscaping, or other site development if such are designed by an Artist as defined herein. The following are not considered Artwork: 1. Reproductions, by mechanical or other means of original Artwork, except in cases of Film, video, photography, printmaking, theater, or other media arts; 2. Art objects that are mass produced (excluding artist-created, signed limited-edition works), ordered from a catalog, or of a standard design, such as playground sculpture or fountains; and 3. Directional or other functional elements such as signage, supergraphics, color coding, or maps unless specifically designed as artworks. DEACCESSION: The procedure for the removal of an Artwork owned by the City and the determination of its future disposition. DEACCESSION NOTIFICATION: A written letter to the artist or donor referencing the applicable condition(s) of the Artwork and describing reasons why the deaccession review needs to be undertaken. GUIDELINES Any Artwork owned by the City shall be eligible for deaccession with the exception of an Artwork that is accompanied by verified legal stipulations that the Artwork may not be deaccessioned. During the review process, the Artwork shall remain accessible to the public in its existing location unless it poses a threat to public safety. Artwork may be considered for review toward deaccession if one or more of the following conditions apply: 1. The condition or security of the Artwork cannot be reasonably guaranteed; 2. The Artwork requires excessive maintenance or has faults of design, materials or workmanship, and repair or remedy is impractical or unfeasible; 3. The Artwork has been damaged or has deteriorated, and repair or remedy is impractical or unfeasible; 4. The Artwork’s physical or structural condition poses a threat to public safety; 5. The Artwork is proved to be inauthentic or in violation of existing copyright laws; 6. The Artwork is not, or is only rarely, on display because the City lacks a location for its display; 7. No suitable site is available for relocation or exhibition, or significant changes in the use, character, or design of the site have occurred which affect the integrity of the Artwork; City of Palo Alto Deaccession of Artwork Policy Date: ____ 2016 3 8. Changes to the site have significantly limited or prevented the public’s access to the Artwork; 9. The site where the work is located is undergoing privatization; 10. Deaccession is requested by the Artist; 11. If there are more than six works (excluding editions of prints) by the same artist in the portable collection, or more than three permanently installed works on public display in the City or in Private Development, PAP staff may recommend to PAC that the City retain only a representative selection of that artist’s work. 12. If the Artwork has been lost, stolen, or is missing, the PAC may approve formally deaccessioning it from the collection while retaining a record in the collection database showing that the work has been deaccessioned. Artwork may be reviewed for deaccession at any time at the initiative of PAP staff or PAC members. Review also may be initiated by the Artist regarding the Artwork she/he created, by that Artist’s designated heir(s), or by legally recognized representative(s). PROCEDURES Deaccession shall begin with a formal Deaccession Request which can be initiated by the PAC, by PAP staff, the Artist, the Artist’s designated heirs or legally-appointed representative. The Deaccession Request shall be submitted to PAP staff and shall describe the applicable condition(s) outlined in the Guidelines above, and the reasons why the deaccession review should be undertaken. A Deaccession Request must also contain information about the requestor’s relationship to the Artwork and stake in deaccessioning the Artwork. Deaccession Requests shall be reviewed by PAP staff, who shall make every reasonable effort to contact the Artist who created the Artwork named in the Deaccession Request, and any other known parties with a vested interest in the artwork. When permanently-sited Artworks are proposed for deaccession, staff shall convene a publicly-noticed meeting to discuss the reasons deaccessioning is being considered and to gather comments on the deaccession proposal. Staff shall then present a deaccession recommendation to the PAC which may decide to convene an ad hoc committee comprised of practicing conservators, art appraisers, registrars, and/or other visual arts professionals to review and advise the PAC on the Deaccession Request. In presenting the Deaccession Request, PAP staff will provide all available relevant corresponding materials to the PAC, including, but not limited to: 1. Artist’s name, biographical information, samples of past artwork, and resume. 2. A written description and images of the Artwork. 3. Artist’s statement about the Artwork named in the Deaccession Request. 4. A description of the selection/acquisition process and related costs that was implemented at the time the Artwork was selected. 5. If available, a formal appraisal of the Artwork provided by a qualified art appraiser. City of Palo Alto Deaccession of Artwork Policy Date: ____ 2016 4 6. Information about the origin, derivation, history, and past ownership of the Artwork. 7. A warranty of originality of the Artwork. 8. Information about the condition of the Artwork and the estimated cost of its conservation provided by a qualified visual arts conservator. 9. Information about and images of the Artwork’s site. 10. For permanently-sited Artwork: information about how community feedback about the Artwork was collected and the outcome of that feedback. 11. Feedback from the Director of the City department responsible for operating and maintaining the Artwork site. 12. A detailed budget for all aspects of conservation, maintenance, repair, installation, operation, insurance, storage, and City staff support. 13. The Artist’s contract with Donor or comparable legally binding document with Proof of Title. 14. Deed of gift restrictions, if any. PAP staff shall present a Deaccession Recommendation, including information about the artist and stakeholder feedback to the PAC at a regularly scheduled and noticed public meeting. DEACCESSION CRITERIA In addition to the condition and security of the Artwork as stated above, the review criteria for Deaccession Requests include, but are not limited to: 1. ARTISTIC EXCELLENCE: Qualifications and professional reputation of the Artist; craftsmanship, conceptual content, style, form. 2. VALUE OF ARTWORK as determined by a professional appraiser, if available. 3. RELATIONSHIP TO EXISTING COLLECTION OF ARTWORK: Style, form, scale, diversity, quantity, quality, longevity, and compatibility with the existing collection of Artwork and goals of the Public Art Program. 4. AVAILABILITY OF CITY SUPPORT: The availability of necessary funding for conservation, maintenance, and/or repair; exhibition and storage space; real property for siting Artwork; and staff support. 5. RELATIONSHIP TO SITE: Accessibility, public safety, and social, cultural, historical, ecological, physical, and functional context of the Artwork in relation to the site, both existing and planned. 6. LEGAL CONSIDERATIONS: Issues related to liability, insurance, copyright, warranties, ownership, theft, vandalism, loss, indemnification, and public safety. The City Attorney shall review the recommendation of the PAP staff and PAC to determine whether there are any known legal restrictions that would prevent deaccessioning the object. The City Attorney's approval must be obtained prior to deaccessioning an object. 7. TIMING: Safety or hazard emergencies, relevant construction schedules, and the allowance of sufficient time for a normal review process. 8. ACQUISITION PROCESS: Method by which the Artwork was acquired and accessioned into the collection of artwork (i.e. donation, loan, commission). City of Palo Alto Deaccession of Artwork Policy Date: ____ 2016 5 9. COMMUNITY FEEDBACK: Community feedback about the Artwork, its site, and its condition solicited via a publicly-noticed meeting or placed on the agenda of the Public Art Commission. 10. RESTRICTIONS: Any recognized restrictions associated with the Artwork. Members of the PAC may request to view the actual Artwork during the Deaccession Review process. The PAC shall approve, with or without conditions, or reject the Deaccession Request based on the review criteria described in this policy. The deaccessioned Artwork shall be removed from the collection of Artwork through methods administered by the PAP. In all cases, the Artist or the Artist’s designated heir(s), or legally recognized representative(s) shall be given, when possible and within a reasonable time frame, the opportunity to purchase the Artwork for the fair market value (as determined by a qualified art appraiser), or, if the Artwork is determined to be of negligible value, the Artist shall be given the opportunity to claim the Artwork at the Artist’s own cost. When the Artist does not purchase or claim the deaccessioned Artwork, the methods which may be utilized to remove Artwork include, but are not limited to: 1. Sale. Proceeds from the sale shall be deposited into the Public Art CIP Budget. Written acknowledgement by Budget to place revenues from the sale of deaccessioned Artwork into the Public Art CIP Budget, must be obtained. Legal public notice regarding the sale shall be published in local newspapers. a. The Artist/donor shall be given the right of first refusal to reacquire the work at fair market value, original price, or nominal value, depending on the recommendation of the PAC. The cost of removal of the work may be reflected in the amount set. b. Sell the work through a dealer. c. Sell the work through sealed bidding or public auction. 2. Trade or exchange of a deaccessioned Artwork for another by the same Artist. 3. Donation of deaccessioned Artwork to a non-profit organization, institution, or agency. 4. Destruction. This method shall only be used in the following instances: a. The entire Artwork has been damaged or has deteriorated, and repair or remedy is impractical or unfeasible. b. Most of the Artwork has been damaged or has deteriorated, and repair or remedy is impractical or unfeasible, and any remaining intact parts of the Artwork are deemed to have negligible value, and the Artist is not willing to claim the remaining parts at the Artist’s own cost. c. Public safety can be protected only by destroying the Artwork. City of Palo Alto Deaccession of Artwork Policy Date: ____ 2016 6 d. Every effort to locate the Artist, kin, or donor has failed. When possible, the method for removing the Artwork from the collection of Artwork shall be selected to ensure that the highest reasonable price is received. Any profits received by the City through the sale, trade, or auction of a deaccessioned Artwork shall be deposited into the Public Art CIP Budget administered by the PAP. Pursuant to the California Resale Royalties Act, Civic Code Section 986, if a deaccessioned work is sold or exchanged, 5% of the sale price or exchange value of any work over $1,000 will be given to the artist who created the work, provided that the artist can be located by reasonable means. If the artist cannot be found, the Resale Royalties shall be transferred to the California State Arts Council, a state agency. [Note: In April 2016 this statute was invalidated by a federal district court (Estate of Robert Graham v Sotheby’s Inc., et al., 2:11-cv 8604); the matter is not final as of this writing. If it becomes final and the statute is invalid, this policy will not be applied.] PAP staff shall remove acquisition numbers and labels from the Artwork and coordinate its physical removal from the City's collection. PAP staff shall report on the sale or exchange of Artwork at the next regularly scheduled meeting of the PAC, following receipt of all funds or the completion of the sale, exchange, or donation. PAP staff shall transmit a report informing City Council of the removal of the Artwork from the City's collection. Staff shall maintain a Deaccession File that includes individual files on each deaccessioned Artwork. These files shall include all documentation regarding the Artwork. Artworks may not be sold, traded, or donated to current employees of the City of Palo Alto, their business partners, or their immediate family members. Current elected officials, PAC members, their business partners, and their immediate family members may not buy, receive or own any Artwork which has been deaccessioned from the collection of Artwork. Nothing in these guidelines shall limit the City’s ability to take appropriate action to protect public health and safety in the event of an emergency. City of Palo Alto Appendix 7: Gifts of Artwork Policy City of Palo Alto Public Art Program Gifts of Artwork Policy PURPOSE A. From time to time, private individuals, organizations and agencies desire to donate Artwork to the City of Palo Alto (City). This policy outlines the procedures that the City shall follow in accepting donations of Artwork. Memorials, whether Artworks or other forms of recognition, shall not be considered an Artwork for purposes of this policy; a Memorial is defined as an item, object or monument established to preserve the memory of a deceased person or an event that occurred in the past. B. Acceptance of an Artwork into the City’s collection shall imply a commitment to its long- term care and preservation. Therefore, the acceptance of such donations must be deliberate, must maintain high aesthetic standards, and must further the goals of the Public Art Program. Recognizing that Palo Alto’s public spaces are a valuable and limited public resource, each proposed Artwork must add significant and long-term value to the space in which it is proposed to be located. C. The purpose of this policy is to: 1. Provide uniform procedures for the review and acceptance of donations of Artwork to the City; 2. Vest in the Public Art Program the responsibility of insuring the management and long-term care of donated Artwork; 3. Facilitate planning for the placement of Artwork on City-owned property; 4. Preserve the City’s public spaces for the greatest enjoyment of the citizens and visitors; 5. Maintain high aesthetic standards for Artwork displayed or installed in City facilities; 6. Provide for appropriate recognition for donors of Artwork to the City; and 7. Further the goals of the City’s Public Art Program. DEFINITIONS A. ARTIST. An individual generally recognized by critics and peers as a professional practitioner of the visual arts as judged by the quality of the professional practitioner’s body of work, educational background, experience, past public commissions, sale of works, exhibition record, publications, and production of Artwork. B. ARTWORK. Works in any style, expression, genre and media created by an Artist as defined herein that may be permanent, temporary, and functional, may be stand-alone City of Palo Alto Appendix 7: Gifts of Artwork Policy June 1, 2016 2 and integrated into the architecture or landscaping if such are designed by an Artist as defined herein. For the purposes of this policy, the following are not considered Artwork: 1. Reproductions, by mechanical or other means of original Artwork, except in cases of film, video, photography, printmaking, theater, or other media arts and limited editions of sculpture; 2. Art objects that are mass produced, ordered from a catalog, or of a standard design, such as playground sculpture or fountains; and 3. Directional or other functional elements such as signage, supergraphics, color coding, or maps. C. CONSERVATION. The activities required to repair, restore, and conserve a damaged or malfunctioning Artwork, including treatment that returns the Artwork to its original condition. D. DONATION. A gift of an Artwork. F. MAINTENANCE. All activities required to conserve, repair, or preserve the integrity of the Artwork and setting within which the art work is located. Routine maintenance is limited to the basic day-to-day care of the Artwork. G. RESTRICTED DONATION. A donation to the City for a specified purpose, or for which there are conditions or limitations by the donor as to the current or future use. H. UNRESTRICTED DONATION. A donation to the City without any restrictions or limitations being placed by the donor as to its current or future use. POLICY Any time a donation of an Artwork is proposed for placement on City-owned property, the City department that operates or maintains the site of the proposed Artwork (City department) shall consult with the Public Art Program. The Public Art Commission shall review and recommend acceptance or rejection of the donation. GUIDELINES A. When a donation of an Artwork has been proposed, the City department receiving the proposal shall notify the Public Art Program whose staff shall contact the prospective donor to inform the donor of the City’s donation policy and gather information about the proposal. B. Prior to consideration of a donation of Artwork to the City, the following criteria must be met by the donor: 1. OWNERSHIP. Any site recommended for the placement of Artwork must be owned by the City of Palo Alto. City of Palo Alto Appendix 7: Gifts of Artwork Policy June 1, 2016 3 2. VISIBILITY. Any site recommended for the placement of Artwork must be visible to a broad, public audience. 3. SAFETY. Any site recommended for the placement of Artwork must not pose any hazard or threat to public safety and must meet the safety standards of the City’s Risk Manager. 4. MAINTENANCE. Any site recommended for the placement of Artwork must be easily maintained by City staff in a routine manner and with standardized equipment. 5. ACCESSIBILITY. Any site recommended for the placement of Artwork must comply with the Americans with Disabilities Act. 6. CONTEXT. Any site recommended for the placement of Artwork must be socially, culturally, historically, ecologically, physically, and/or functionally appropriate. 7. DEPARTMENTAL SUPPORT. Any site recommended for the placement of Artwork must have the support of the City department that is responsible for operating and maintaining the site, as well as any advisory bodies that are responsible for making recommendations concerning the use of City-owned property. 8. COMMUNITY SUPPORT. The Public Art Commission will agendize any donations of Artwork under consideration, in order to inform the community and receive feedback about accepting the work into the collection and about the recommended site for a donation of any outdoor permanently-sited Artwork. C. The prospective donor shall meet with Public Art Program staff and prepare written and visual documentation on the proposed donation (Donation Request). The Donation Request shall include, at a minimum, the following: 1. Contact information for the donor and the artist. 2. Artist’s name, biographical information, samples of past artwork, and resume. 3. A written description and images of the Artwork. 4. Artist’s statement about the Artwork. 5. If available, a certified formal appraisal of the Artwork provided by a qualified art appraiser. 6. Information about the origin, derivation, history, and past ownership of the Artwork. 7. A warranty of originality of the Artwork. 8. If available, Information about the condition of the Artwork provided by a qualified visual arts conservator. 9. A maintenance plan for routine care and long-term conservation, including estimated costs. City of Palo Alto Appendix 7: Gifts of Artwork Policy June 1, 2016 4 10. Information about and images of the proposed Artwork site. 11. For permanently-sited outdoor artworks: information about the methods used for collecting community feedback about the Artwork and the outcome. 12. A detailed budget for all aspects of design, fabrication, installation, operation, conservation, maintenance, insurance, and staff support. Depending on the characteristics and condition of the Artwork, the donor may be asked to provide an endowment for the routine maintenance and long-term conservation of the Donation for the duration that the donation is owned by the City. 13. If available, detailed plans for the design, fabrication, installation, operation, maintenance, conservation, insurance, display, and storage of the Artwork. 14. Conditions or limitations on the donation requested by the donor. D. Artwork Donation Requests shall be reviewed by Public Art Program staff, and then presented to the Public Art Commission for a recommendation at a regularly scheduled and noticed public meeting. E. Public Art Program staff, as needed, shall solicit input from other City department advisory commissions and/or committees. F. The Public Art Commission shall review the donation proposal and, approve or deny acceptance of the donation. The Public Art Commission shall consider the following criteria in making their decision: 1. ARTISTIC EXCELLENCE. Qualifications and professional reputation of the Artist; craftsmanship, conceptual content, style, form, condition, and value of the Artwork. 2. RELATIONSHIP TO EXISTING COLLECTION OF ARTWORK. Style, form, scale, condition, diversity, quantity, quality, longevity, and compatibility with the existing collection of Artwork and goals of the public art program. 3. AVAILABILITY OF CITY SUPPORT. The availability of necessary funding for conservation, maintenance, and/or repair; exhibition and storage space; real property for siting Artwork; and staff support. 4. RELATIONSHIP TO SITE. Accessibility, public safety, and social, cultural, historical, ecological, physical, and functional context of the Artwork in relation to the site, both existing and planned. 5. LEGAL CONSIDERATIONS. Issues related to liability, insurance, copyright, warranties, ownership, theft, vandalism, loss, indemnification, and public safety. 6. TIMING. Safety or hazard emergencies, relevant construction schedules, and the allowance of sufficient time for a normal review process. G. Members of the Public Art Commission may request to view the actual Artwork during the Donation Review process. City of Palo Alto Appendix 7: Gifts of Artwork Policy June 1, 2016 5 H. Public Art Program staff shall obtain a legal instrument of conveyance of title. Any conditions the City or donor places on a donation shall be stated in writing and attached to the instrument of conveyance. I. Once the Donation of Artwork has been accepted and the City becomes the legal owner, the Public Art Program staff shall coordinate all processes relating to the installation, maintenance, removal or relocation of the Artwork on City-owned property. If a specific City department operates and maintains the site of the Artwork, the Public Art Program staff shall consult with the City department to discuss the financial and practical responsibilities of maintaining or operating the Artwork. J. The Public Art Program staff, working with the department head and the donor, shall provide for appropriate recognition of the donor’s contribution to the City. K. City departments shall: 1. Direct all parties wishing to donate Artworks to the City to the Public Art Program. 2. Provide routine maintenance of the donated or loaned Artwork, upon advice from the Public Art Program staff, and perform maintenance work in a manner that is consistent with requirements supplied by the donor. 3. Be responsible for reporting to Public Art Program staff any damage to a donated Artwork. 4. Not intentionally destroy, modify, relocate or remove from display any donated Artwork without prior consent from the Public Art Commission and Public Art Program Director in accordance with the Policy for Deaccession of City-Owned Artwork. 5. Not cause any non-routine maintenance or repairs to donated Artworks without prior consent from the Public Art staff. EXCEPTION Gifts of state presented to the City by foreign governments or by other political jurisdictions of the United States – municipal, state or national – which may be accepted by the Mayor, City Council, or City Manager shall not be considered part of the Public Art Collection and will remain in the care of the City Clerk’s Office. City of Palo Alto Public Art Program Temporary Artwork Policy Purpose The City of Palo Alto’s Temporary Artwork Program is intended to activate publicly-owned spaces in parks, plazas, streetscapes, and other City-owned property. Temporary artworks enliven communities, provoke conversations and refresh the public realm. The City of Palo Alto commissions temporary artworks through its Public Art Program and also acts as a conduit for temporary projects initiated by artists and non-profit organizations. Temporary artworks are approved by the City of Palo Alto and constitute government speech. In permitting temporary artworks the City is not creating public forum for free speech activity. The Temporary Artwork Policy establishes criteria and guidelines for the consideration and installation of temporary artworks in parks, plazas, streetscapes and similar City property. The policy and procedures are intended to complement Municipal Code Section 2.26, Visual Art in Public Spaces, and Municipal Code Section 16.61, Public Art for Private Developments, in order to insure a consistent approach to placing art in the public realm. Goals 1. To encourage the temporary placement of thought-provoking, innovative works of high artistic merit that connect people to place; 2. To contribute to Palo Alto’s sense of identity and pride; 3. To build on Palo Alto’s identity as a diverse community and a global center for innovation; 4. To engage artists in projects that stimulate and encourage community interaction; 5. To create pilot projects in potential locations for permanent artworks; 6. To provide opportunities for emerging and established artists. Scope The focus of this policy is on temporary art works located in the City of Palo Alto. Temporary public art is defined as any art, including visual artworks, performances, projections, digital media, virtual reality, and other artistic media, that is not intended to be permanent and is not made a part of the permanent public art collection. Temporary public art is generally displayed twelve months or less. Temporary projects may be artist- initiated, commissioned by the City of Palo Alto, or commissioned by a Palo-Alto-based non-profit community or cultural organization, and may include community-based art that builds upon the diverse cultural traditions of Palo Alto residents and provides a space for reflection. This policy should be employed whenever the City, through its Public Art Program, commissions temporary art and when the City facilitates temporary artwork proposed by others. City of Palo Alto Temporary Public Art Policy Date: ____ 2016 2 Public Art Project Types and Artwork Considerations Temporary artworks are allowed on any City-owned property provided that the City Department responsible for that site is willing to allow the temporary placement of art. Temporary art may include display of existing works of art as well as artworks and art experiences that are created specifically for the site. Physical artworks must be constructed to withstand outdoor placement during the City- designated display period. All approaches and media for public art will be considered. These include, but are not limited to artworks that consist of or include sculpture, light, social practice/community art, performance, sound, projection art and other artistic media. Temporary artworks and experiences must not create a nuisance in the community where the artwork is proposed, especially when employing light or sound. Artwork must not present any public safety hazards or violate City laws or codes. Physical artwork selected for temporary placement may require stamped engineering drawings and have specific insurance requirements, and environmental review may be required. All temporary artworks must be removed by the artist, who must restore the site to its original condition upon completion of the display. Procedures and Program Management: City Funded Projects The Public Art Program will include the commission of City-funded temporary artwork projects in its Annual Public Art Work Plan. The project description should include the proposed location/s and goal of the commission and artist selection methods. The Public Art Program will issue an RFP to solicit artists to develop original project proposals or submit artworks to be placed on loan. The artist’s contract will include the artist’s cost for design, fabrication, installation, maintenance and de-installation of commissioned temporary artwork created for the Program; or a fee for the loan and maintenance of pre- existing artworks. Temporary artwork projects that are funded by the City of Palo Alto may be commissioned by the City’s Public Art Program or commissioned by a nonprofit arts organization or curator contracted by the City. When a contracted arts organization or curator is chosen by the City to implement the temporary artworks, the City’s Public Art Program staff must be represented in the artist selection process as well as on the project team that reviews design development and implementation. Projects implemented by the Public Art Program or by a partner organization may be selected through an open Request for Proposal (RFP) process, limited invitation or by a curatorial process that invites artist proposals. The City will employ its list of available sites for soliciting proposals. The RFP or invitation will indicate the available sites for art placement, the duration of the display, and the City’s requirements for insurance, liability, safety, etc. City-funded projects will be selected by a panel, usually comprised of three arts professionals, two community representatives, one Public Art Commissioner and one representative of the appropriate City Department/s. The exact makeup of the selection City of Palo Alto Temporary Public Art Policy Date: ____ 2016 3 panels may shift depending on the location, scale and purpose of the artwork. If possible, community representatives will be knowledgeable about the arts. Artists or commissioning organizations submitting artwork for consideration shall submit the following information: Artist’s resume A minimum of two photographs of the work A written narrative describing the artwork In the case of physical artworks, a description of the construction materials and methods of fabrication and anchoring details Selection criteria will be defined in advance by the Public Art Program based on the goals articulated in the annual Public Art Work Plan. In general, selection criteria will include: Artistic merit Appropriateness to site and goals articulated for the project Community engagement Feasibility and durability Compliance with City codes Artist contracts for original, commissioned artworks shall include the cost of fabrication, installation, routine maintenance, artwork removal and restoration of the site. The City shall be responsible for any necessary site preparation including footings, permitting, and lighting. In the event of unanticipated vandalism or severe environmental damage, the Artist will assume the additional costs of artwork maintenance. Artist contracts for loaned works shall include an honorarium for the loan and adequate funding to cover the cost of installation, routine maintenance, artwork removal and restoration of the site. The City shall be responsible for any necessary site preparation including footings, permitting, and lighting. In the event of unanticipated vandalism or severe environmental damage, the Artist will assume the additional costs of artwork maintenance. The Public Art Commission will review and approve, deny, or suggest revisions to temporary artwork proposals. Performance based projects of less than 24-hour duration may be reviewed and approved at staff level. Process for Placement of Self-Funded Artist- or Arts-Organization Initiated Temporary Art Projects The point of contact for review and approval of self-funded artist- or community-initiated projects is the Public Art Program Director who will insure that appropriate City staff approves the proposed location of the work and addresses and public safety concerns. A City employee or elected official who is contacted regarding temporary placement of an artwork must direct the sponsor to the Public Art Program Director who will consult with the relevant City Department regarding appropriateness of location before initiating the artwork review process. City of Palo Alto Temporary Public Art Policy Date: ____ 2016 4 Applications for placement of temporary art must include a detailed narrative describing the project and the artist creating it and drawings or other graphic representation of the artwork being proposed and a preliminary budget. In addition, the structural description of the proposed temporary artwork should include, but not be limited to the medium, dimensions (H x W x D and weight), required power sources, detailed information regarding installation method, anchoring procedure, and any necessary maintenance to be provided. The Public Art Program Director will convene a Temporary Artwork Review panel consisting of arts professionals, City Department representatives, and community stakeholders to evaluate the viability, appropriateness, durability and safety of the proposal. In general, selection criteria will include: Artistic merit Appropriateness to site and goals articulated for the project Community engagement Feasibility and durability Compliance with City codes Recommendations from the Temporary Artwork Review Panel will be forwarded to the Public Art Commission for final review and approval. Once the proposed project has received Final Approval, the Public Art Program Director will issue a contract between the City of Palo Alto and the applicant regarding placement, duration, maintenance and installation of the work or project. The proposer will be required to sign, submit proof of insurance to the City of Palo Alto and meet all other obligations as outlined in the agreement including date and method of removal of the artwork. The City Department must receive and provide written notification of approval of deliverables to the applicant before the applicant can install artwork on City property. Acceptance Conditions 1. The City reserves the right to manage its own property including the removal of the artwork when it poses a public safety risk, has been left on City property beyond the agreed terms, or is damaged beyond repair. 2. If an artwork is not completed within the timeline originally approved by the Public Art Commission, or if changes in content, materials, form, presentation, or financing of the artwork occur, the artwork must be reviewed again by the Public Art Program Director and Public Art Commission. 3. In accepting a temporary artwork, the City of Palo Alto requires that the responsible parties enter into an agreement for the duration of the display that outlines the maintenance responsibilities and agreement to remove the work at the agreed upon conclusion of the display, leaving the site in its original condition or better. 4. Neither the Public Art Commission, nor the City of Palo Alto, nor any of its agents, will be held liable for any damage or state of disrepair of a temporary artwork. Legal Requirements City of Palo Alto Temporary Public Art Policy Date: ____ 2016 5 Copyright: The artist retains the copyright for the artwork and must grant the City the right to use images of the temporary artworks for municipal purposes. Ownership and maintenance: Temporary artworks commissioned by the City of a contracted arts organization remain the property of the artist who will be responsible for maintaining the work during the duration of its display. The artist or contracted arts organization is responsible for removing the artwork and restoring the site to its original condition. Removal: The City of Palo Alto reserves the right to remove or relocate temporary artwork that deteriorates beyond repair, poses a public safety challenge or results in a neighborhood nuisance, as determined in the sole discretion of the Public Art Program Director. All attempts will be made to coordinate relocation of the work with the artist, but if the City must remove the art, it may bill the artist for the removal and storage costs. Documentation Upon completion of the project, Public Art Program Staff shall create documentation includes the following information: Artist’s resume A minimum of two photographs of the work A written narrative describing the artwork In the case of physical artworks, a description of the construction materials and methods of fabrication Mention and/or reviews of the artwork in local press City of Palo Alto Public Art Master Plan Artist Selection Guidelines GOALS The overarching goal of artist selection is to acquire artwork of the highest quality. Success depends on selecting an artist whose skill, experience, style, commitment to collaboration and community facilitation skills match the project’s needs. The specific goals of the selection process are to: Encourage the highest level of creative engagement and vibrant thinking in creating free- standing or site-integrated artworks; Select an artist or artists whose existing public artworks or past collaborative efforts have maintained a high level of quality and integrity; Further the mission and goals of the Public Art Program and the City; Identify the optimal approach to public art that is suitable to the demands of the particular project; Select an artist or artists who will best respond to the distinctive characteristics of the site and the community it serves; Select an artist or artists who can work successfully as members of an overall project design team; and Ensure that the selection process represents and considers the interests of all parties concerned, including the public, the arts community and the City. ARTIST SELECTION PANEL: PUBLICLY FUNDED PROJECTS The Artist Selection Panel is responsible to review artist submittals for publicly funded art projects and make recommendations of finalists to the Public Art Commission. The Artist Selection Panel generally should be comprised of no fewer than three arts professionals selected on the basis of expertise, a representative of the project design team, the client City department, and at least one panel member representing the community in which the artwork will be located. Public Art Commissioners may serve on the panel in the capacity of community members or arts professionals, if appropriate, or may participate on the artist selection panel as observers. Panel recommendations shall be based upon consensus. METHODS OF ARTIST SELECTION: OPTIONS Private Percent for Art Projects The developer and the developer’s public art consultant are responsible for artist solicitation and selection for privately-funded on-site projects. The method of artist selection and the rationale for this method, shall be articulated in the plan created by the public art consultant when the project is presented to the Public Art Commission for review. City of Palo Alto Appendix 14: Artist Selection Guidelines June 1, 2016 2 Public Percent for Art Projects The Public Art Commission reviews and makes suggestions regarding staff’s recommendation for the method for identifying artists that best reflects the project goals and offers the best chance of finding the best artist for the project. The Public Art staff defines the method for artist selection for each project for the Commission to review, taking into account the nature and needs of the specific project, including: Size of the budget available for artwork; Interest in working with emerging and/or established artists; Geographic restrictions on artists’ eligibility; Preferences concerning the nature of the artwork (i.e. medium, form); and Potential locations for the work and limitations or opportunities presented by the site. TYPES OF ARTIST SOLICITATION There are several standard methods of artist selection that may be used for either public or private percent for art projects. Typically, public projects, as reflective of standard government bid processes, use an openly advertised solicitation process. Privately-funded projects tend to use more direct methods of selection. Request for Qualifications (RFQ) Request for Qualifications (RFQ) can be an effective and efficient method to issue a Call for Artists. RFQs require minimal expenditures of time and money from artists. RFQs primarily rely upon examples of an artist’s previous work and typically include an artist’s vita, selected references, and a statement of interest about the project. When RFQs are written thoughtfully and applicants’ materials are subsequently reviewed, considered, and evaluated by arts professionals and the commissioning organization, a short-list of qualified artists to interview for a proposed project may be easily accomplished. The outcome of this process creates opportunities for in-person interviews or offering a reasonable fee to compensate development of conceptual ideas for the project. The RFQ process does not anticipate that artists prepare or present specific ideas based on limited information provided in the Call. Instead, conceptual artwork proposals for the project are developed only after learning more about the project through site visits and interactions with project personnel and constituent interests. It is expected that short-listed artists be compensated for travel expenses when invited to interview. Request for Proposals (RFP) If the design process is sufficiently advanced and a context has been established to which the artists can respond, each of the finalists may be asked to develop a preliminary artwork City of Palo Alto Appendix 14: Artist Selection Guidelines June 1, 2016 3 proposal. Request for Proposals (RFP) can be an effective way to consider and evaluate the appropriateness of an artist when a limited number of artists are invited to participate in a selection process, the criteria for selection is explicit and uniform, and there is a stipend paid to the artist for each submission. Commissioning bodies recognize that artists will not have sufficient time and information to develop site specific proposals that are informed by substantial client interaction unless the proposals and competition affords at least four to six weeks of preparation time. Proposals are requested only when the commissioning agency is prepared to consider the proposal as a conceptual approach to the project and not the final design. The commissioning body should pay for the proposals, and the commissioning agency recognizes that all ideas presented for the project, including copyright, belong to each artist. Open Competition In an open competition, any artist may submit her/his credentials, subject to requirements established by the Public Art Program. The Call for Artists must be sufficiently detailed to permit artists to determine whether their work is appropriate for consideration. An open competition allows for the broadest range of possibilities for a site and can bring in new, otherwise unknown, and emerging artists. This method sometimes discourages established artists who prefer to respond to limited competitions and to be directly selected for projects. Limited Competition In a limited competition several artists are pre-selected and invited to submit qualifications. Limited competitions are more appropriate for projects with extremely aggressive schedules, where there is consensus around an artist or list of artists to be considered, and where a high- level or specific type of expertise is required for the project. The list of pre-selected artists can be developed by the Public Art Staff with input from the Public Art Commission; local, national and international arts professionals; project partners; and a curator or consultant advising on the projects. Direct Selection Direct selection is a method that is most often used in private development projects although developers may choose to select an artist through other methods described here. Direct selection may be appropriate on projects where an urgent timeline, limited budget or specific project requirements exist. Direct Purchase At times the Public Art Commission may elect to recommend a direct selection in which it contracts with a specific artist for a particular project or decides to purchase a portable artwork. This may occur for any reason, but generally is used when circumstances surrounding the project make either an open or limited competition unfeasible (i.e. project timeline, community or social considerations, client demand) or a specific artwork is needed due to the exacting nature of the project. City of Palo Alto Appendix 14: Artist Selection Guidelines June 1, 2016 4 Pre-Qualified Artist Directory As a resource to assist artist selection processes for projects that are time sensitive and where specific skills may be required, a juried pool of prequalified artists may be employed by the Public Art Staff. The Prequalified Artist Directory may also be used by the Public Art staff, Public Art Commission, and consultants to identify artists for specific public art project opportunities. Artists working in a variety of media and artistic approaches, especially in durable and easily maintained materials (i.e. metal, concrete, glass, stone, ceramic tile), and who have prior public art experience would be encouraged to apply. This juried roster should be developed based on a comprehensive review of credentials by an artist selection panel and renewed annually. EVALUATION CRITERIA ARTIST QUALIFICATIONS The Public Art Commission will use the following criteria to review the selection of artists for the acquisition of artwork: 1. Meets the definition of artist, as defined in the Public Art Program Ordinance. 2. Demonstrates artistic excellence, innovation and originality as represented in past work and supporting materials. 3. Demonstrates capacity for working in media and with concepts that are appropriate to the project goals and site. 4. Demonstrates interest and capability in creating public artwork in collaboration with the City, Public Art Program, the design team (if applicable) and other project partners. 5. Demonstrates experience in successfully completing works of similar scope, scale, budget and complexity, or ability to articulate how he or she would be able to bring the necessary artistic and technical skills to this project. 6. Demonstrates interest in and understanding of the project. 7. Is available to perform the scope of the work in a timely and professional manner. 8. Builds the diversity of the City's public art collection. 9. If applicable, demonstrates a cohesive team. CRITERIA FOR EVALUATING ARTIST CONCEPT AND SCHEMATIC PROPOSALS The Public Art Commission will use the following criteria to review Artist Concept Proposals: 1. Clearly responds to the project goals. 2. Meets the definition of artwork as defined by the Public Art Program Ordinance. 3. Demonstrates excellence in aesthetic quality, workmanship, innovation, and creativity. 4. Demonstrates appropriateness in scale, form and is of materials/media suitable for the site. 5. Demonstrates feasibility in terms of budget, timeline, safety, durability, operation, maintenance, conservation, legal and ethical issues related to possession and use of proposed artwork, security, and/or storage and siting. 6. Builds the diversity of the City's public art collection. CITY OF PALO ALTO OFFICE OF THE CITY CLERK August 15, 2016 The Honorable City Council Palo Alto, California Designation of Voting Delegate and Alternate for the League of California Cities Annual 2016 Conference, to be held October 5-7, 2016 in Long Beach, CA The City Council should designate Council Member Kniss or Vice Mayor Scharff as the voting delegate, and the other as alternate delegate, for the 2016 League of California Cities Annual Conference. BACKGROUND: The League’s 2016 Annual Conference is scheduled for October 5-7, 2016 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting scheduled for noon on Friday, October 7, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. The resolutions will be agendized for Council consideration prior to the conference. In order to vote at the Annual Business Meeting, the City Council must delegate a voting delegate and could appoint up to two alternate voting delegates. At this time only Council Member Kniss and Vice Mayor Scharff have expressed interest in attending. Attached please find correspondence received from the League of California Cities. ATTACHMENTS: Attachment A: League Conference Long Beach Resolution Docs (PDF) Department Head: Beth Minor, City Clerk Page 2 City of Palo Alto (ID # 6949) City Council Staff Report Report Type: Informational Report Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Utilities Policies and Plans Title: Utilities Resource Management Operating Policies and Plans From: City Manager Lead Department: Utilities Recommendation This report is provided to the City Council for its information only. Executive Summary Several key Council-adopted policies and plans provide direction to staff on resource acquisition and management. These policies and plans are updated periodically so staff prepares the attached compendium of the relevant high-level plans and policies as a single document where they can easily be reviewed by the Utilities Advisory Commission (UAC), the City Council, and the public. The plans and policies included in the document are as follows: 1. The policies for management of Utilities financial reserves for the Electric, Gas, Wastewater Collection and Water Funds; 2. The latest Legislative Policy Guidelines, which provide direction on the City’s positions on legislative initiatives; 3. The long-term plans for resource acquisition and management including the Long-term Electric Acquisition Plan (LEAP), the Gas Utility Long-term Plan (GULP), the Water Integrated Resource Plan (WIRP), and the Carbon Neutral Plan for Electric Supply; 4. The Local Solar Plan; 5. The Utilities Strategic Plan; and 6. The long-term goals for water and energy efficiency programs. There are other relevant plans and policies, but they either cover broader topics than Utilities or are reported to the UAC and Council separately. These policies and plans include the Energy Risk Management Policy, the Urban Water Management Plan, and the Demand-Side Management Implementation Plan. The changes from the prior version of this document (Staff Report 5927) include: 1. An update to the Utilities Legislative Policy Guidelines, which were approved by Council in February 2016 (see Exhibit 2 to Attachment A). City of Palo Alto Page 2 2. The long-term water efficiency goals, which are incorporated in the Council-adopted 2015 Urban Water Management Plan adopted by Council on May 16, 2016 (Staff Report 6851). 3. Updated Utility Reserve Management Practices for the Electric Fund were approved by Council on June 13, 2016 when it adopted the FY 2017 Electric Financial Plan (Staff Report 6932). The Reserve Management Practices for the Gas, Wastewater Collection and Water Funds were last updated on June 15, 2015 when Council adopted the FY 2016 Financial Plans for the Gas, Wastewater Collection and Water Funds (See Exhibit 8 to Attachment A). The parts of the document that did not change from last year include: 1. The Utilities Strategic Plan, which was updated by Council in May 2015 (see Exhibit 1 to Attachment A). 2. GULP (see Exhibit 4 to Attachment A) and LEAP (see Exhibit 3 to Attachment A), which were both last updated by Council in April 2012. 3. The WIRP, which was adopted by Council in December 2003 (see Exhibit 5 to Attachment A). 4. The Carbon Neutral Plan for Electric Supply, which was adopted by Council on March 4, 2013 (see Exhibit 6 to Attachment A). 5. The new Local Solar Plan was adopted by Council on April 21, 2014 (see Exhibit 7 to Attachment A.) 6. The 10-year gas and electricity energy efficiency (EE) goals were updated by Council in December 2012. Attachments: Attachment A: Resource Management Operating Policies and Plans as of July 2016 (PDF) Exhibits to Attachment A (PDF) Attachment A i Resource Management Operating Policies and Plans July 2015 Table of Contents 1. Introduction ............................................................................................................... 1 Purpose ............................................................................................................................... 1 2. Utilities Strategic Plan ................................................................................................ 1 3. Legislative Policy Guidelines ....................................................................................... 1 Background ......................................................................................................................... 1 Approved Guidelines ........................................................................................................... 2 4. Financial Reserves ...................................................................................................... 2 Reserve Management Practices ......................................................................................... 2 Electric Special Project Reserve .......................................................................................... 2 Fiber Fund Rate Stabilization Reserve ................................................................................ 3 5. Resource Plans ........................................................................................................... 3 Long-term Electric Acquisition Plan (LEAP) ......................................................................... 3 Gas Utility Long-term Plan (GULP) ...................................................................................... 3 Water Integrated Resource Plan (WIRP) ............................................................................ 3 Long-term Efficiency Goals ................................................................................................. 3 Water ............................................................................................................................ 3 Electricity ....................................................................................................................... 4 Natural Gas ................................................................................................................... 4 Carbon Neutral Plan ............................................................................................................ 5 Local Solar Plan ................................................................................................................... 5 6. List of Exhibits ............................................................................................................ 5 1. 2011 Utilities Strategic Plan ...................................................................................... 5 2. Utilities Legislative Policy Guidelines ........................................................................ 5 3. Long-term Electric Acquisition Plan (LEAP) ............................................................... 5 4. Gas Utility Long-term Plan (GULP) ............................................................................ 5 5. Water Integrated Resource Plan (WIRP) .................................................................. 5 6. Carbon Neutral Plan .................................................................................................. 5 7. Local Solar Plan ......................................................................................................... 5 8. Reserve Management Practices ............................................................................... 5 Attachment A 1 Resource Management Operating Policies and Plans July 2015 1. Introduction Purpose This document is meant to collect all the Council-approved policies and plans that guide the management of the Utilities water, gas, and electric commodity resources. The document will be updated when new policies or plans are adopted, or existing ones are changed. Since a new Council is seated in January every two years, the document is provided to Council annually so that the new Council will be aware of Council policy. This practice will afford the Council with an opportunity to review and direct revisions of any of the commodity resource management policies and plans on an ongoing basis. 2. Utilities Strategic Plan On July 18, 2011, Council adopted the 2011 Utilities Strategic Plan (Staff Report 1880). The 2011 plan replaced the prior plan, which was approved in 2005. The UAC reviewed the plan many times during its development and established a subcommittee in April 2010 to assist staff in developing the plan. Following a recommendation from the UAC subcommittee, staff interviewed key stakeholders to assist in the development of an overall vision for CPAU. Council adopted changes to the 2011 Utilities Strategic Plan on August 5, 2013 (Staff Report 3950). Council again adopted changes to the 2011 Utilities Strategic Plan on May 11, 2015 (Staff Report 5709). The current Council-approved Utilities Strategic Plan (provided in Exhibit 1) identifies strategic objectives, performance measures and targets under each of the four perspectives: 1. Customer and community; 2. Internal business process; 3. People and technology; and 4. Financial. The UAC and Council receive semi-annual updates on the Utilities Strategic Plan. 3. Legislative Policy Guidelines Background The utility industry is a high profile and heavily regulated industry that is subject to copious legislative action at both the state and federal level. Such legislation can influence, among other things, the reliability and security of the supply and distribution infrastructure, commodity procurement practices, customer service and billing, program design, rate design, and activities and costs associated with climate protection. Representatives of the City (elected officials and staff) participate in Federal and State legislative forums to advocate positions on energy and water-related issues that facilitate the City’s Utilities Department’s key objectives of providing valued utility services to customers and dependable returns to the City, and employing Attachment A 2 balanced environmental solutions. The City’s Utilities Department also participates in joint action efforts to advocate for goals and objectives shared by other publically owned utilities. A set of policy guidelines is developed each year that identifies the goals and priorities for the Utilities Department to be applied by staff when evaluating legislation. While the guidelines are used by staff for evaluating legislation, any advocacy positions taken in alignment with these guidelines will be subject to the approval of the Utilities Director or City Manager per the City’s legislative advocacy process. Approved Guidelines Council updated the Utilities Legislative Policy Guidelines on February 22, 2016 (Staff Report 6563). The current Legislative Policy Guidelines are provided as Exhibit 2. 4. Financial Reserves Reserve Management Practices The guidelines for managing the financial reserves for the Electric, Gas, Wastewater Collection, and Water Funds were changed when Council adopted the first Financial Plans for those funds in June 2014 (Staff Report 4799). The Reserve Management Practices that were adopted as part of the Financial Plans set out how each of the new reserves will be managed. There were minor updates to the Reserve Management Practices that were adopted by Council when it adopted the FY 2016 Financial Plans along with the budget on June 15, 2015 (Staff Report 5881). There was another minor update to the Electric Reserve Management Practices that was adopted by Council when it adopted the FY 2017 Electric Financial Plan along with the budget on June 13, 2016 (Staff Report 6932). The Reserve Management Practices for the Gas, Wastewater Collection, and Water Funds were not changed from the FY 2016 Financial Plans. The Reserve Management Practices are provided as Exhibit 8. Electric Special Project Reserve The guidelines for the Electric Special Project (ESP) Reserve (formerly the Calaveras Reserve) were updated by Council on May 18, 2015 (Staff Report 5521) to defer the deadlines for identifying projects for funding from the reserve. The updated guidelines are as follows: a. The purpose of the ESP Reserve is to fund projects that benefit electric ratepayers; b. ESP Reserve funds are to be used for projects of significant impact; c. Projects proposed for funding must demonstrate a need and/or value to electric ratepayers. The projects must have verifiable value and not be speculative, or risky in nature; d. Projects proposed for funding must be substantial in size, requiring funding of at least $1 million; e. Set a goal to commit funds by end of FY 2017; and f. Any uncommitted funds remaining at the end of FY 2022 will be transferred to the Electric Supply Operation Reserve and the ESP Reserve will be closed. Attachment A 3 Fiber Fund Rate Stabilization Reserve Council adopted guidelines for the Fiber Optics Rate Stabilization Reserve for the Fiber Fund on May 13, 2008 (Staff Report 233:08). The guidelines establish the minimum and maximum reserve levels equal to 20% and 50% of the annual sales revenue of the Fiber Optics Fund operations, respectively. 5. Resource Plans Long-term Electric Acquisition Plan (LEAP) The LEAP Objectives and Strategies were last approved by Council on April 16, 2012 (Staff Report 2710). The changes since the prior year included updates to LEAP Strategy #3 (Renewable Portfolio Standard) to clarify the intent of the rate impact limit. The approved LEAP Objectives, Strategies and Implementation Plan are provided as Exhibit 3. Gas Utility Long-term Plan (GULP) A major update to the GULP Objectives and Strategies was approved by Council on March 7, 2011 (Staff Report 1317). At its November 1, 2011 meeting, the Council directed staff to develop market price-based, monthly-adjusted gas supply rates (Staff Report 2106). The transition to market-based gas supply rates required revisions to GULP Objective 1, GULP Strategies 1 and 2, and GULP Implementation Plan Items 1 and 3. On April 23, 2012, Council approved those changes (Staff Report 2552). The approved GULP Objectives, Strategies and Implementation Plan are provided as Exhibit 4. Water Integrated Resource Plan (WIRP) The WIRP Guidelines were adopted by Resolution by the City Council on December 8, 2003 (CMR:547:03). The approved WIRP Guidelines are provided as Exhibit 5. Long-term Efficiency Goals Water Council approved the 2015 Urban Water Management Plan (UWMP) on May 16, 2016 (Staff Report 6851). State law requires urban water suppliers to prepare, or update the UWMP every five years to ensure adequate water supplies are available to meet existing and future water demands over a 20-year planning horizon. One key element of the 2015 UWMP is the City’s progress towards the SB X7-7 (The Water Conservation Act of 2009) “20X20” goal to reduce per capita water use by 20% by 2020. The table below shows that the City’s per capital water usage is well below the 2015 interim target and is projected to be well below the 2020 target. 2015 UWMP SB X7-7 Performance Metrics (in Gallons per Capita per Day) FY 2015 FY 2020 Baseline 225.3 225.3 Target 202.8 180.3 Actual 142 NA Projected NA 150 Attachment A 4 Electricity State law (AB 2021, 2006) requires municipal electric utilities to develop 10-year electric energy efficiency (EE) plans and submit them to the California Energy Commission (CEC) every three years. Consistent with state law, the City Council approved the 2007 Ten-Year Electric EE Plan in April 2007. The 10-year goal was updated by Council in May 2010 and then again in December 2012. The current 10-year goals, which Council approved on December 17, 2012 (Staff Report 3358), include the annual and cumulative Electric Energy Efficiency Goals for the period 2014 to 2023 as shown in the table below. Fiscal Year Annual Incremental Electric EE Savings (% of total City customer usage) 2014 0.6% 2015 0.6% 2016 0.6% 2017 0.6% 2018 0.6% 2019 0.6% 2020 0.65% 2021 0.65% 2022 0.7% 2023 0.7% Cumulative 10-year EE Goal 4.8% The current cumulative 10-year Electric EE goal of saving 4.8% of the City’s electric usage is lower than the 2010 goal of 7.2%, primarily due to the significant savings that are attributable to changes in building codes and appliance standards, which can’t be counted for the City’s EE program savings. Natural Gas In 2007, Council approved the first ten-year gas energy efficiency goals. The 10-year goal was updated in April 2011 and, again in December 2012. On December 17, 2012, Council approved updated annual and cumulative Gas EE Goals for the period 2014 to 2023 (Staff Report 3358) as shown in the table below. Attachment A 5 Fiscal Year Annual Incremental Gas EE Savings (% of total City customer usage) 2014 0.5% 2015 0.5% 2016 0.5% 2017 0.55% 2018 0.55% 2019 0.6% 2020 0.6% 2021 0.65% 2022 0.65% 2023 0.65% Cumulative 10-year EE Goal 2.75% The current cumulative 10-year Gas EE goal of saving 2.75% of the City’s gas usage is lower than the 2011 goal of 5.5%, primarily due to the significant savings that are attributable to changes in building codes and appliance standards, which can’t be counted for the City’s EE program savings. Carbon Neutral Plan The Carbon Neutral Plan for the Electric Supply Portfolio was adopted by Resolution by the City Council on March 4, 2013 (Staff Report 3550). The approved Carbon Neutral Plan is provided as Exhibit 6. Local Solar Plan The Local Solar Plan was adopted by Resolution by the City Council on April 21, 2014 (Staff Report 4608). The approved Local Solar Plan is provided as Exhibit 7. 6. List of Exhibits 1. 2011 Utilities Strategic Plan 2. Utilities Legislative Policy Guidelines 3. Long-term Electric Acquisition Plan (LEAP) 4. Gas Utility Long-term Plan (GULP) 5. Water Integrated Resource Plan (WIRP) 6. Carbon Neutral Plan 7. Local Solar Plan 8. Reserve Management Practices Utilities Strategic Plan – Strategic Objectives Approved by Council July 18, 2011 (Staff Report 1880) Updated by Council August 5, 2013 (Staff Report 3950) Updated by Council May 11, 2015 (Staff Report 5709) 1 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative Customer and Community Perspective C1. “I receive safe and reliable service.” Customers expect that Utilities services are provided on a continuous basis, without interruption. In addition, customers expect that the Utilities delivery systems are safe and will not harm them or put them in any danger. We will listen to our customers and seek to understand their reliability and safety concerns and implement programs and projects to address them. Average time to restore service per interrupted customer Less than 90 minutes Number of electric system interruptions per year for average customer Ranks in the top quartile nationwide (less than 0.9) C2. “Be responsive to all my utilities‐ related service needs.” We understand that the customer wants clear, accurate bills with easy methods of payment; access to usage history and enough understanding to efficiently manage usage; to feel quickly and completely “taken care of” when they have concerns, questions or requests and to be communicated with effectively both as individuals and as CPAU’s owners. One of the ways to achieve this is to elicit feedback from customers to help improve service. Customer satisfaction scores on annual surveys for overall value. Residential and commercial surveys alternate every other year. Ranking in the top two utilities statewide Establish mechanisms to elicit customer feedback on their satisfaction with all interactions with CPAU. C3. “I expect to pay a reasonable bill” We understand that customers expect their bills to be comparable to those in surrounding communities and do not expect to pay more than PG&E customers. Customers believe it is reasonable to pay slightly more in exchange for increased reliability, safety and protection of the environment. However, customers’ overall bills for Utilities services must remain reasonable and be reasonably stable and should not increase significantly in any one year. Customers also want their bills to provide useful information about their consumption of resources in addition to the rate so that they can understand how they can influence their total cost for Utilities services. For The average combined residential customer bill for electricity, water, gas, and wastewater services Less than the average of bills for comparable services in nearby communities (MP, MV, SC, Hayward, RC, Roseville, and Alameda). Improve the electronic bill presentment, payment functionality and enhance the utility’s online capabilities. Exhibit 1 to Attachment A Utilities Strategic Plan – Strategic Objectives Approved by Council July 18, 2011 (Staff Report 1880) Updated by Council August 5, 2013 (Staff Report 3950) Updated by Council May 11, 2015 (Staff Report 5709) 2 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative natural gas service, Palo Alto’s supply cost has been relatively stable due to a laddered gas portfolio purchasing strategy; however, this strategy needs to be re‐evaluated as gas prices are currently low and are projected to stay low for the foreseeable future. Although, the average bill for all services should be comparable to those in surrounding communities, staff will continue to monitor and report the bills for each service separately on a quarterly basis. Annual rate change Maximum of 10% per year for electric and wastewater services. Maximum of 20% per year for water service. C4. “Care for our environment” Our community wants its customer‐owned utility to offer choices for them to manage their resource use in ways that reflect their environmental values. Utilities will improve existing programs and develop new programs to meet customer needs and allow customers to manage their own environmental footprint. Percentage of customers participating in the PaloAltoGreen Gas program 20% of customers Re‐evaluate the cost‐ effectiveness of electrification especially for new construction and evaluate whether new programs or incentives can or should be offered, consistent with all applicable legal requirements. Percentage of Greenhouse gas reductions 10% GHG reductions Internal Business Process Perspective Safety and Reliability BP1. Ensure a reliable supply of utility resources We will implement strategies that ensure the reliable supply of utility resources to meet present and future needs. To provide opportunities for economic development within Palo Alto, we must provide sufficient resources that meet the short and long‐term needs of our customers. To achieve this we will maintain the utility system components, and provide for Duration of electric system interruption per year for average customer Ranks in the top quartile nationwide (less than 60 minutes per customer) Develop a plan to complete a new electric transmission interconnection. Complete the Water Exhibit 1 to Attachment A Utilities Strategic Plan – Strategic Objectives Approved by Council July 18, 2011 (Staff Report 1880) Updated by Council August 5, 2013 (Staff Report 3950) Updated by Council May 11, 2015 (Staff Report 5709) 3 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative adequate utility resource supplies to our current and future customers. We will also develop new management practices and organizational structure to ensure compliance with regulatory requirements. Response time to all emergency calls Under 30 minutes Integrated Resource Plan (WIRP) including a comprehensive evaluation of the use of groundwater by end of CY 2015. BP2. Operate the utility systems safely We will continue to ensure the safety of our customers, employees and the community by the ongoing implementation of a safety programs. Protecting customers and employees from injury and customer’s property from damage is essential for delivering quality utility services to our customers. The safety programs will be implemented by updating safety procedures, educating customers via outreach materials and workshops, correcting system deficiencies, operating in accordance with existing safety rules, and ensuring that products delivered to customers are safe. AGA (American Gas Association) Incidence Rate Zero reportable incidents Customer awareness of gas safety issues 90% of customers responding to annual gas customer safety awareness survey BP3. Replace infrastructure before the end of its useful life We will continue to implement a long‐term strategy for replacing infrastructure before the end of its useful life. Reliable delivery of utility services to our customers is critical for the success of business and the quality of life for our residents. To accomplish this, we will focus on reducing any backlog of infrastructure work and replace infrastructure systems in a manner that spreads the expense across multiple years resulting in program with even expenditures patterns in future years when possible. Backlog of infrastructure elements whose ages are beyond their useful lives. Zero Complete long range Gas and Water master infrastructure plans by end of CY2015. Customer Service Excellence BP4. Serve customers promptly and completely We will provide customers with the highly responsive service they desire. We will do this by reviewing and improving our processes for managing accounts, handling payments, resolving billing issues, responding to information and field service requests and notifying customers during service disruptions. We will identify ways to streamline these processes and implement changes. Specifically, we will review, document and improve business processes that have been identified as having long customer response times. Average phone wait time Less than 90 seconds Number of billing adjustments 10% reduction from number in 2009. Exhibit 1 to Attachment A Utilities Strategic Plan – Strategic Objectives Approved by Council July 18, 2011 (Staff Report 1880) Updated by Council August 5, 2013 (Staff Report 3950) Updated by Council May 11, 2015 (Staff Report 5709) 4 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative BP5. Communi cate clearly and pro‐actively with all our stakeholders We will proactively communicate with all our stakeholders, including all customer groups, civic leaders, community groups and the press. To achieve this objective we will provide the information needed for our stakeholders to effectively access, understand and utilize all utilities services and programs. In addition, we will design communication vehicles and dissemination processes that will enable our residents to be educated owners of their municipal utilities system. Time until informing the public and local media of a disruption affecting all sensitive major customers Less than 60 minutes after becoming aware of a disruption BP6. Offer programs to meet the needs of customers and the community We will assist customers to lower their cost of utilities services and support the environment. We will assist customers facing economic hardship by offering bill payment assistance programs. We will educate customers on the reasons for and their means of compliance with our safety and regulatory requirements. We will also identify all customer groups, identify any gaps in service provision to those customers, and propose new programs or changes to existing programs to close those gaps. Participant* satisfaction with Utilities programs (*rebate recipients, workshop attendees, callers, etc.) At least 90% of program participants satisfied with their experience Reduce Costs BP7. Negotiate supply contracts to minimize financial risk We will continue to negotiate supply contracts to acquire supply resources while managing supply portfolio cost uncertainty to meet rate and reserve objectives and following sound risk management practices. To ensure that we are buying commodities at as competitive prices as possible, we will negotiate contracts with new counterparties to continue to have a sufficient set of credit‐worthy trading partners. We will continue to develop long‐ term acquisition policies and plans (LEAP) and update those plans at least every three years. We will also determine all that is necessary to execute a gas prepay transaction as that is one clear way to lower the cost of gas supply resources. Number of competitive bids received for each fixed‐price transaction. Minimum of three bids for electric power Participate actively in Northern California Power Agency’s (NCPA) on‐ going allocation of cost, including new cost allocation studies if undertaken, to ensure that the City’s costs are fair. Evaluate alternative providers for services provided by NCPA as appropriate. Exhibit 1 to Attachment A Utilities Strategic Plan – Strategic Objectives Approved by Council July 18, 2011 (Staff Report 1880) Updated by Council August 5, 2013 (Staff Report 3950) Updated by Council May 11, 2015 (Staff Report 5709) 5 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative BP8. Reduce cost of delivering service through best management practices We will reduce the cost of delivering service to customers. We will identify opportunities to better coordinate between Utilities and other City departments to improve efficient delivery of services. We will perform benchmarking studies to identify potential modifications to procedures, practices, materials, and plans and to ensure that we are following best practices. One best practice is to increase calibration and replacement schedules for gas and water meters since the meters slow over time causing actual usage to be under‐recorded, resulting in lost revenue. “lost and unaccounted for” volumes of gas and water 80% of 2009 levels. Complete Water benchmarking study by end of FY 2015. BP9. Maximize value of existing generation assets Palo Alto owns significant supply resource assets including a portion of the Calaveras Hydroelectric Project, a contract with the Western Area Power Administration, a permanent allocation of water from the regional water system managed by San Francisco, and allocated capacity on a gas transportation pipeline. We will seek out both daily and operational and long‐term opportunities to optimize the value of these assets to enhance revenue and/or to reduce costs. We will work with joint‐owners of our resource assets to leverage those resources and advocate to maintain or improve the value of existing resources into the future (LEAP and GULP strategies). Value harvested from Redwood gas pipeline capacity 100% BP10. Manage implementation of strategic plan Completing the strategic plan is only the beginning of getting value from the strategic planning process. Ongoing management of the strategies and initiatives and reporting on progress of those initiatives is essential to achieving positive results from the strategy. We will report to the UAC and Council on this plan’s progress twice annually and we will review and revise the objectives and develop new initiatives on an annual basis. Number of strategic initiatives completed 100% Exhibit 1 to Attachment A Utilities Strategic Plan – Strategic Objectives Approved by Council July 18, 2011 (Staff Report 1880) Updated by Council August 5, 2013 (Staff Report 3950) Updated by Council May 11, 2015 (Staff Report 5709) 6 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative Environmental Sustainability BP11. Increase the environmental sustainability of all Utilities activities Adding sustainable resources to the supply portfolios will help the City meet its Climate Protection Plan goals by reducing the carbon footprint of the utility services provided to our customers. We will achieve this by acquiring renewable resources and promoting the development of local renewable resources within the rate objectives in the Long‐term Electric Acquisition Plan (LEAP). Sustainable practices will be pursued not just for the supply portfolios, but across all the Utilities day‐to‐day operations. Meet the state’s 20% per capita water use reduction by 2020 target 20% by 2020 Complete EIR and financial plan for expanding recycled water system BP12. Promote efficient use of resources Resource efficiency programs meet our customers’ desire for environmental solutions that save money as well as contributing towards the Climate Protection Plan goals. We will promote resource efficiency by dedicating the tactical staffing and budgetary resources necessary to reach maximum deployment of economically feasible resource efficiency. We will revise and document our long‐term efficiency strategies by updating our 10‐year Energy Efficiency goals every three years and updating our water efficiency goals every five years in the Urban Water Management Plan. To maximize the savings potential for new development, coordinate with the City’s Economic Development Manager to ensure that new developments incorporate energy saving features in the design phase. Actual electric energy efficiency achievement At least as high as goals Council set in December 2012 Include all cost effective water efficiency measures in 2015 Urban Water Management Plan (UWMP). Actual gas energy efficiency achievement At least as high as goals Council set in December 2012 People and Technology Perspective PT1. Be an attractive place to work We will create a positive values‐based work environment which attracts and retains qualified staff. To achieve this objective we will try to better understand employees desires and incentives, and will articulate our values both internally and as we recruit. Employee satisfaction rating Improvement from prior year’s level Exhibit 1 to Attachment A Utilities Strategic Plan – Strategic Objectives Approved by Council July 18, 2011 (Staff Report 1880) Updated by Council August 5, 2013 (Staff Report 3950) Updated by Council May 11, 2015 (Staff Report 5709) 7 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative PT2. Obtain, develop and train employees to ensure an adequate and qualified workforce A properly sized, trained and certified workforce is essential to our effectiveness. We will identify skill and staffing gaps at the individual and organizational levels and seek to fill those gaps through the effective use of opportunities including hiring, mentorship programs, role rotations, knowledge transfer opportunities, long‐term developmental assignments and both internal and external training opportunities. We will plan for workforce succession and provide cross‐training opportunities for employees to improve employee satisfaction and build a more robust work force. Percentage of operations personnel that has appropriate certification and training required for working in all areas they may be assigned 100% Update the 5‐year succession plan for each division. PT3. Ensure employees have adequate tools to perform job duties As major users of technology assets, we must have access to quality and timely delivered IT services. We must build and maintain an effective relationship with the City’s IT division that includes clear, frequent communication as well as productive coordination. We will collaborate with IT to identify barriers to providing support for technology projects and remove them. In those instances in which our immediate technology needs cannot be addressed by the City’s IT division in a timely or sufficiently‐ comprehensive fashion, we will utilize external expertise. Employees have adequate tools and training to perform their jobs 100% of employees Develop a Utilities‐ specific smart grid and IT strategic plan. PT4. Investigat e and adopt innovative technologies Our customers value Utilities embracing new technologies that will help reduce costs and/or meet Climate Protection Plan goals. We will innovate by researching technologies and cultivating relationships with entrepreneurs and academics to identify new cost‐effective and environmentally sustainable technologies to consider adopting. New technologies, programs, and projects identified in the smart grid strategic plan will be implemented. Number of new technologies evaluated per year by an in‐depth study or pilot project Three Exhibit 1 to Attachment A Utilities Strategic Plan – Strategic Objectives Approved by Council July 18, 2011 (Staff Report 1880) Updated by Council August 5, 2013 (Staff Report 3950) Updated by Council May 11, 2015 (Staff Report 5709) 8 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative Financial Perspective F1. Maintain financial strength Maintaining a high credit rating reduces the cost of borrowing if needed for capital projects. We will continue best practices for financial management, adhere to energy risk management policies and guidelines to minimize financial risk, and maintain sufficient reserves to cover debt obligations as required to retain CPAU’s current favorable bond rating so that the cost of capital is low for any bond funded capital projects. Credit rating At least AA as determined by Fitch Ratings or Standard and Poor’s or at least Aa3 as determined by Moody’s F2. Maintain adequate reserves Maintaining adequate cash reserves contributes to maintaining our overall financial health and retaining our current favorable bond rating. We will maintain Rate Stabilization Reserves levels within Council‐approved guidelines and sufficient to provide rate stability as desired by ratepayers. During the annual budget and rate setting process, the risks that each Utilities fund is exposed to will be identified along with the trajectory of costs and revenues to allow Council to determine appropriate reserve levels and rate adjustments. Operations Reserve levels Within guidelines in Council‐ adopted long‐ term Financial Plans F3. Implement rate structures that balance cost of service and resource conservation Retail rates should be designed so that the revenues from a customer group match the cost to serve those customers. Rates consist of fixed charges and volumetric charges, which are based on usage. Fixed costs consist of customer‐related costs (meter reading, billing, etc.) and costs related to capital projects and operations while variable costs include the cost of buying supplies (water, gas, or electricity). When fixed costs are recovered through charges based on usage, costs will not be recovered if customers reduce usage more than projected. To address this problem we will examine alternate rate structures that strike a balance between the two competing objectives (cost of service and resource efficiency) to ensure that certain fixed costs are recovered with a fixed charge, but other costs are recovered with charges that vary depending on usage (volumetric charges). Complete Electric cost of service analysis (COSA) by end of CY 2015. Exhibit 1 to Attachment A 9 Exhibit 1 to Attachment A Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) Utilities’ Legislative Policy Guidelines Formal advocacy positions taken in alignment with these guidelines will be subject to the approval of the Utilities Director or City Manager as per the City’s Legislative Program Manual ALL UTILITES Goals 1. Preserve/enhance local accountability in the control and oversight of matters impacting utility programs and rates for our customers while balancing statewide climate protection goals. 2. Support efforts to maintain or improve the reliability and security of the supply, transmission, storage, distribution/collection, and data infrastructures. 3. Support legislation that makes bold progress in cost effectively reducing greenhouse gas (GHG) emissions, and recognizes early voluntary action. 4. Maintain the City of Palo Alto Utilities’ (CPAU’s) ability to provide safe, reliable, sustainable, and competitively‐priced utility services. Goals Legislative Policy Guidelines Venue 1. Local Accountability 2. Reliability, Security & Infrastructure 3. Climate Protection 4. Service & Cost Control 1. Advocate goals through active participation in joint action efforts. Federal, State, and Regional √√√ √ 2. Support legislation that allows local evaluation and design of more efficient energy solutions, fuel switching, and demand control programs. Federal, State, and Regional √ √ √ 3. Promote utility legislation and regulations that support effective and consistent compliance and reporting requirements. Ensure such legislation and regulations have received stakeholder review and cost benefit analysis. Federal, State, and Regional Reliability Councils √√ √ 4. Oppose unreasonable and inequitable financial burdens through active participation in CMUA and NCPA legislative activities. Federal, State, and CPUC √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) Goals Legislative Policy Guidelines Venue 1. Local Accountability 2. Reliability, Security & Infrastructure 3. Climate Protection 4. Service & Cost Control 5. Advocate for state and federal grants for local and regional energy efficiency and conservation measures, renewable resources, fiber optic, fuel switching, wastewater collection systems and recycled water projects. Federal and State √ √ √ 6. Maintain right of way access for utility infrastructure. Federal and State √ √ 7. Protect the financial and operational value of utility assets and contracts; preserve local regulatory control of both. Federal and State √√ √ 8. Enhance utility customer protections for data security and confidentiality. Federal and State √ 9. Maintain existing low cost municipal financing options for infrastructure projects and advocate for new federal and state programs that recognize critical infrastructure needs. Federal and State √√ √ 10. Promote legislation and regulations supporting reasonable and consistent requirements for utility notifications, , safety, services, public communications, billing, payments, and customer assistance. Federal and State √ √ 11. Support Proposition 26 reform efforts to provide ratemaking flexibility to balance conservation, revenue sustainability, and low income assistance programs. State √ √ 12. Seek state and regional funding to enhance the efficiency, security, and reliability of infrastructure that maintains utility customer data security and confidentiality. Federal and State √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) ELECTRIC Goals 1. Preserve/enhance the ability of municipal utilities to exercise local accountability and oversight over matters impacting customer service, programs (such as demand side efficiency and conservation programs), and rate structure. 2. Preserve/enhance the reliability and security of infrastructure. 3. Support legislation that recognizes early voluntary action in reducing GHG emissions and specifically exempts a municipality from burdensome requirements that could result from the early action. 4. Preserve just and reasonable utility rates/bills established by local governing bodies. Goals Legislative Policy Guidelines Venue 1. Local Accountability 2. Reliability 3. GHG Reduction 4. Cost Control 1. Advocate goals through Northern California Power Agency (NCPA), California Municipal Utilities Association (CMUA), American Public Power Association (APPA), Transmission Agency of Northern California (TANC), and Bay Area Municipal Transmission Group (BAMx) with support from Palo Alto staff; strive to present the same or substantially the same message Federal and State √√ √ √ 2. Support NCPA in its continued efforts to streamline the state regulatory reporting responsibilities, to eliminate duplicative data and report submittals to multiple state regulatory agencies, including the CEC, CARB, and the California Independent System Operator (CAISO). State √ √ 3. Advocate for legislation/regulations that provide local accountability and design of: Net Energy Metering (NEM) successor programs designed to fit local conditions and priorities; Electric Integrated Resource Plans cost‐effective renewable distributed generation and cogeneration projects, and standards and permitting requirements for connecting such resources to the local distribution system; balancing state and local policy implementation and ratepayer equity; equitable rate design and tariffs; cost‐effective electric efficiency programs; Federal and State √√ √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) Goals Legislative Policy Guidelines Venue 1. Local Accountability 2. Reliability 3. GHG Reduction 4. Cost Control implementation of renewable portfolio standards; cost‐effective storage integration; direct access requirements; smart meters and smart grid design and implementation; and use of public benefit funds (as allowed in AB 1890 (1996) 4. Support cap‐and‐trade market designs that: protect consumers from the exercise of market power; allocate allowances that help mitigate impacts to Palo Alto customers while providing incentives for utilities to lower GHG emission portfolios; provide flexible compliance mechanisms such as banking and borrowing of allowances; and allocate funds generated from cap‐and‐ trade markets to cost‐effective GHG‐reduction related activities, not as a revenue source for state or federal general funds. Federal and State √ √ √ 5. Support legislation for renewable portfolio standards that: maintain local compliance authority; avoid mandates for technology or source specific carve outs, and minimum term requirements; allow utilities to pursue all cost‐effective resources available to meet portfolio needs including use of Renewable Energy Certificates (RECs); ensure uniform application of RPS standards, avoiding punitive and/or duplicative non‐ compliance penalties; restrict new regulations expanding CEC jurisdiction over publicly owned utilities; allow local distributed generation to count in full towards RPS; and prioritize the use of existing transmission system assets over building new transmission. Local and State √ √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) Goals Legislative Policy Guidelines Venue 1. Local Accountability 2. Reliability 3. GHG Reduction 4. Cost Control 6. Support/encourage transmission, generation, and demand‐reduction projects and solutions including advocating for financing or funding solutions/options for projects that: enhance/ensure reliability; ensure equitable cost allocation following beneficiary pays principles (including protection against imposition of state‐ owned electric contract costs on municipal utility customers); improve procurement flexibility (e.g. resource adequacy rules that ensure reliability and provide flexibility in meeting operational requirements or flexibility in meeting State renewable portfolio standards); support the continuation of federal and state financial incentives that promote increased renewable development; improve market transparency (particularly transparency of IOU’s transmission and procurement planning and implementation activities); and reduce negative environmental impacts on the Bay Area and the Peninsula. Local, State, and Federal √√ √ √ 7. Advocate for Congressional, legislative, or administrative actions on matters impacting costs or operations of the Western Area Power Administration (Western) such as: support of Congressional Field Hearings to explore modernizing flood control strategies, river regulation and generation strategies at Central Valley Project (CVP) plants to enhance generation, water delivery, flood control and fisheries; protection of the status of Western Power Marketing Administration and cost‐based rates; provisions for preference customers’ first take at available land with economic potential for wind farms; balancing efforts for competing environmental improvements in rivers and Delta conditions with water supply and hydropower impacts; support grid modernization without Federal, State and Regional √ √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) Goals Legislative Policy Guidelines Venue 1. Local Accountability 2. Reliability 3. GHG Reduction 4. Cost Control compromising the primary mission of Western and recognizing the achievements already made in California without adding duplicate costly efforts; monitoring and evaluating impacts of Delta conveyance proposals on Western Base Resource allocation; advocating for an equitable distribution of costs between water and power customers of the Central Valley Project; and advocating for clear product provisions, fair allocation of Base Resource Capacity and fair contract terms under Western’s 2025 Power Marketing Plan and new Western Base Resource contracts. 8. Advocate for Congressional or administrative actions on matters relating to overly burdensome reporting and compliance requirements established by the North American Reliability Corporation (NERC), the Federal Energy Regulatory Commission (FERC) or the Western Electricity Coordinating Council (WECC). Federal, State and Regional √√ √ 9. Support fair and reasonable application of grid reliability requirements established by NERC, WECC, or FERC and seek appropriate remedies (if needed) for inequitable or punitive application of fees and fines. Federal and Regional √√ √ 10. Work with CAISO and/or FERC: to give buyers of renewable intermittent resources relief from imbalance penalties; to promote financial and operational changes that result in timely and accurate settlement and billing; and to provide critical input on the need for various transmission projects in light of the escalating costs to the City to import power using the bulk transmission system. Federal and State √ √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) Goals Legislative Policy Guidelines Venue 1. Local Accountability 2. Reliability 3. GHG Reduction 4. Cost Control 11. Work with NCPA, CMUA and NERC to ensure that: Federal, state and regional designations of “critical cyber assets” are appropriately applied to only truly critical local distribution infrastructure; and CPAU retains local control over implementation of utility industry cyber security standards, policies and procedures. Federal and Regional √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) FIBER OPTIC Goals 1. Preserve and enhance the authority of local government to (1) develop broadband solutions that align with community needs and (2) expand consumer choice for competitive Internet connectivity and other advanced services delivered over fiber‐optic networks. 2. Encourage the competitive delivery of broadband services by permitting the use of public rights‐of‐ way and Utilities infrastructure in a responsible manner, provided that local rights of way authority and management is preserved and contractual or other use does not compromise the City’s existing utility safety, service, and operational s obligations. 3. Support local government authority over zoning‐related land use for communications infrastructure in accordance with reasonable and non‐discriminatory regulations. 4. Support the Council’s Technology and the Connected City initiative of 2013, to fully leverage the City’s fiber‐optic and infrastructure assets such as public rights‐of‐way, utility poles and conduit for the broadband expansion. Goals Legislative Policy Guidelines Venue 1. Support Municipal Delivery 2. Competitive Delivery 3. Local Authority over Land Use 4. Support Council Initiatives 1. Advocate for these goals through the American Public Power Association (APPA), California Municipal Utilities Association (CMUA), National Association of Telecommunications Officers and Advisors (NATOA), National League of Cities (NLC), and the Next Century Cities initiative (NCC), with support from City staff. Federal and State √√ √ √ 2. Support legislation and regulations that preserve and enhance municipal delivery of conventional and advanced telecommunication services as prescribed by the Telecommunications Act of 1996. Federal and State √ √ √ 3. Support the goals of the Federal Communications Commission’s (FCC), National Broadband Plan to improve Internet access nationwide. Federal and State √√ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) Goals Legislative Policy Guidelines Venue 1. Support Municipal Delivery 2. Competitive Delivery 3. Local Authority over Land Use 4. Support Council Initiatives 4. Oppose legislation and regulations that benefit the incumbent cable TV, telephone, and telecommunications companies at the expense of community‐ owned fiber‐optic and wireless networks. Federal and State √√ √ 5. Support legislation and regulations that preserve and enhance utility customer data security and confidentiality protections by the providers of telecommunication services. Federal and State √√ √ 6. Support the Council’s directive to concurrently pursue the findings and recommendations in the Fiber‐to‐the‐ Premises Master Plan and Wireless Network Plan and continue discussions and negotiations with third parties considering new service deployments in Palo Alto. Local √ √ 7. Support legislation and regulations that: Permit the contractual use of public right‐of‐ way and Utilities infrastructure; Preserve local rights‐of‐way authority and management; Preserve local government zoning and siting authority for wireless and wireline communication facilities; Support local “dig once” policies to ensure conduit and fiber are available for lease on reasonable terms; and Oppose legislation and regulations that arbitrarily reduce compensation received by local governments from other entities for the economic use of the public rights‐of‐way and other public properties required for communication infrastructure (e.g., utility poles, streetlight poles, ducts and conduits). Federal, State and Local √√ √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) NATURAL GAS Goals 1. Preserve/enhance the ability of municipal utilities to develop and implement demand side efficiency and conservation programs, alternative gas supplies, and rate structures. 2. Increase the security and reliability of the gas supply and transmission infrastructure. This includes retaining access to intra‐ and interstate gas transmission systems to reliably serve customers. 3. Support efforts to reduce greenhouse gas emissions and protect the environment. 4. Preserve just and reasonable utility rates/bills established by local governing bodies. Goals Legislative Policy Guidelines Venue 1. Local Accountability 2. Reliability of Infrastructure 3. Environ‐ ment 4. Cost Control 1. Advocate most of these goals mainly through the American Public Gas Association (APGA) with minor support from Palo Alto staff. Primarily Federal with minor advocacy at State level √√√ √ 2. Work with Northern California Power Agency (NCPA) and California Municipal Utilities Association (CMUA) to the extent that the City’s goals as a gas distributor align with generators’ use of natural gas. Federal and State √√√ √ 3. Support cost effective renewable gas supplies from in or out of state sources. In case of mandated renewable portfolio standards, advocate for controls and off‐ ramps similar to the electric RPS that minimize customer cost impact. Federal and State √√√ √ 4. Advocate for financing or funding for cost‐effective natural gas efficiency and solar water heating end uses. Federal and State √√√ √ 5. Support market transparency and efforts to eliminate market manipulation through reasonable oversight. Federal √ 6. Support municipal utilities’ ability to enter into pre‐pay transactions for gas supplies. Federal √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) Goals Legislative Policy Guidelines Venue 1. Local Accountability 2. Reliability of Infrastructure 3. Environ‐ ment 4. Cost Control 7. Support efforts to improve pipeline safety. Federal and State √√ √ 8. Work with partners to discourage extension of CPUC regulatory authority over municipal gas operations. State √√ √ 9. Support cap‐and‐trade market designs that: protect consumers from the exercise of market power; allocate allowances that mitigate impacts to Palo Alto customers while preserving City environmental goals; advocate for an allowance allocation methodology that provides flexibility for Palo Alto to structure rates to align GHG costs and revenues; provide flexible compliance mechanisms such as banking and borrowing of allowances; and allocate funds generated from cap‐and‐trade markets to GHG related activities, not as a revenue source for state or federal general funds. Federal and State √ √ √ 10. Support legislation that aims to protect public health and encourages transparency regarding the practice of hydraulic fracturing or “fracking” for natural gas development, while opposing blanket moratoriums that aren’t supported by science. Federal and State √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) WASTEWATER COLLECTION Goals 1. Support ability of municipal utilities to develop and manage their own conservation and efficiency programs and retain authority over ratemaking, including the imposition of non‐ volumetric customer meter or infrastructure charges for wastewater collection service. 2. Encourage efforts to increase the reliability of the local wastewater collection systems. 3. Maintain the provision of reliable and sustainable wastewater collection service at a fair price. 4. Support equal comparisons of wastewater collection systems by regulatory agencies in order to minimize and reduce onerous, costly, time‐intensive reporting requirements and improve value and accuracy of information reported to the public. Goal Legislative Policy Guidelines Venue 1. Local Accountability 2. Reliable Infrastructure 3. Maintain service 4. Valuable reporting 1. Advocate goals through active participation in the Association of Bay Area Governments (ABAG). Local, Regional & State √√√ √ 2. Support regulations of wastewater collection systems that recognize: local jurisdictions’ proactive efforts to replace and maintain wastewater collections systems; the need to provide affordable and cost based collection service; and the unique characteristics of each collection system. Local, Regional & State √√ √ 3. Support regional agencies in their pursuit of: environmentally sustainable, reliable wastewater collection service at a fair price; and regional comparisons of wastewater collection projects for future state grant funding. Local and Regional √√ √ 5. Advocate for funding and local regulations for wastewater collection system projects and requirements that reduce overflows and improve collection system efficiency. Regional, State and Federal √√ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) WATER Goals 1. Support the ability of public utilities and districts to develop and implement their own water efficiency and conservation programs while retaining authority over ratemaking, including the ability to optimize volumetric, fixed, and drought‐related pricing and balance the goals of revenue certainty and water use efficiency. 2. Increase the security and reliability of the regional water system owned and operated by the San Francisco Public Utilities Commission (SFPUC). 3. Support efficiency and recycled water programs in order to minimize the use of imported supplies. 4. Provide environmentally sustainable and reliable supplies of high quality water. Goals Legislative Policy Guidelines Venue 1. Local Authority 2. Reliable Infrastructure 3. Minimize imports 4. Supplies at fair cost 1. Advocate goals through active participation in the Bay Area Water Supply and Conservation Agency (BAWSCA), California Urban Water Conservation Council (CUWCC), and California Municipal Utilities Association (CMUA), with support from Palo Alto staff for BAWSCA Local, Regional and State √√ √ √ 2. Participate in CUWCC Best Management Practice (BMP) revisions and development to ensure that aggressive and cost‐ effective efficiency goals are incorporated and operating proposals are reasonable, achievable, and cost‐effective. State √√ √ √ 3. Advocate to ensure that legislative actions regarding the Hetch Hetchy Regional Water System include: timely rebuilding of the regional water system; maintenance of the quality of delivered water; minimization of any increase in the cost of water; no additional exposure to more frequent or severe water shortages; increased real‐time monitoring data availability to ensure water quality; support for the existing water system Local, Regional and State √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) Goals Legislative Policy Guidelines Venue 1. Local Authority 2. Reliable Infrastructure 3. Minimize imports 4. Supplies at fair cost and its operation; SWRCB responsiveness to SFPUC water quality issues; 4. Advocate for interpretations or implementation of Water Code provisions that maintain or reinforce the authorities and protections available to the City and BAWSCA members outside of San Francisco. Local, Regional and State √√ √ 5. Support BAWSCA to enable it to advocate for: an environmentally sustainable, reliable supply of high quality water at a fair price; for Wholesale Customers’ rights under the Water Supply Agreement for water from SFPUC that meets quality standards; a SFPUC rate structure that is consistent with the Water Supply Agreement and is based on water usage; preservation of Palo Alto’s existing contractual water allocation and transportation rights on the SFPUC Hetch Hetchy system; and regional planning for conservation, recycled water, and other water supply projects. Local and Regional √√ √ √ 6. Advocate for actions that: preserve Palo Alto’s existing contractual rights; and preserve local control over water use and limit encroachment from outside jurisdictions. Local and Regional √ √ 7. Support infrastructure security and reliability including an interconnection between the SCVWD West Pipeline with the SFPUC’s Bay Division Pipelines 3 and 4. Regional and State √ 8. Support notification requirements that inform residents/customers but do not inflict undue or unobtainable requirements on the utility. State √ √ 9. Support local control of public benefit State √ √ Utilities Legislative Policy Guidelines – February 2016 Update Exhibit 2 to Attachment A Adopted by Council on February 22, 2016 (Staff Report 6563) Goals Legislative Policy Guidelines Venue 1. Local Authority 2. Reliable Infrastructure 3. Minimize imports 4. Supplies at fair cost funds, funding levels and program design. 10. Support beneficiary pays methodologies to prevent taxes or fees imposed on SFPUC customers to fund infrastructure improvements and costs of water sources that do not serve Palo Alto customers. State and Regional √√ √ 11. Advocate for financing or funding for water conservation programs and recycled water projects that meet end‐use needs and conserve potable water and oppose legislation that would reduce such funding. State, Region al and Federal √√ √ √ 12. Support infrastructure security and reliability that includes equitable allocation of funds for increasing the security of infrastructure and that protects the City from unnecessary regulations. Local, State and Federal √√ √ 13. Support legislation that promotes responsible groundwater management while recognizing Palo Alto’s existing and historical groundwater extraction practices. State √√ √ √ 14. Support Proposition 218 reform efforts to provide ratemaking flexibility to balance conservation, revenue sustainability, and low income assistance programs. State √√ √ 15. Advocate for reasonable statewide water conservation efforts (both drought response and long term) that achieve required water savings while minimizing customer and commercial impact, protecting the City’s urban canopy and minimizing the City’s enforcement costs. State √√ √ 16. Protect the City and County of San Francisco’s water rights as well as those of the co‐grantees of the Raker Act. State √√ √ 17. Support legislation that would protect the City’s infrastructure and treatment investments from future state‐wide cuts in water use. State √ √ Exhibit 3 to Attachment A 1 Long-term Electric Acquisition Plan (LEAP) Objectives, Strategies and Implementation Plan Approved March 7, 2011 (Resolution No. 9152) Modified by Council March 19, 2012 (Staff Report No. 2581) Modified by Council April 16, 2012 (Staff Report No. 2710) LEAP Objectives: 1. Meet customer electricity needs through the acquisition of least total cost energy and demand resources including an assessment of the environmental costs and benefits 2. Manage supply portfolio cost uncertainty to meet rate and reserve objectives. 3. Enhance supply reliability to meet City and customer needs by pursuing opportunities including transmission system upgrades and local generation. LEAP Strategies and Implementation Plan Steps: 1. Resource Acquisition – Pursue the least total cost resources including an assessment of environmental costs and benefits to meet the City’s needs in the long term by: a. Evaluating each potential resource on an equal basis by evaluating rate impacts and establishing costs and values for location, time of day and year, carbon, value of renewable supplies and any secondary benefits attributed to the resource; and b. Including all resources – conventional energy, local and remote renewable energy supplies, energy efficiency, cogeneration, and demand reduction – in the evaluation. Implementation Plan Items for Strategy #1 – Resource Acquisition Estimated Completion 1. Adjust planning and portfolio models to include an integrated and least cost planning perspective which evaluates demand and supply side resources in an integrated manner and includes time of delivery, locational and environmental costs and benefits. Dec. 2010 2. Evaluate the impacts of energy efficiency, demand reductions and electric vehicle penetration in Palo Alto in the annual development of the electric load forecast. Dec. 2010 2. Electric Energy Efficiency and Demand Reduction – Fund programs that maximize the deployment of cost-effective, reliable and feasible energy efficiency and demand reduction opportunities as the highest priority resources by: a. Every three years, preparing a ten-year energy efficiency plan that identifies all cost- effective energy efficiency opportunities; b. Using the cost of long-term renewable energy resources adjusted for time of day factors and location as the avoided cost when evaluating cost effectiveness of energy efficiency measures; c. Designing and making energy efficiency programs available to all customers; and Exhibit 3 to Attachment A 2 d. Considering the impacts (costs, benefits and GHG emissions) of substituting electricity-using appliances for natural gas-using appliances and vice versa in the ten- year energy efficiency plan. Implementation Plan Items for Strategy #2 – Electric Energy Efficiency and Demand Reduction Estimated Completion 3. Provide quarterly updates on electric efficiency program achievements including tracking against 10-Year Energy Efficiency goals to the UAC and annual updates to the City Council. quarterly 4. Develop Energy Efficiency Implementation Plan for the 2010 10-Year Electric EE Plan addressing certain items identified in the May 2010 Council Colleagues Memo and identification of resources and funding needed to achieve EE goals. Apr. 2011 5. Evaluate fuel switching energy efficiency measures and include them, if cost- effective, in the Electric and Gas EE Implementation Plans. Feb. 2011 6. Develop a pilot Demand Response Program for large commercial industrial customers for implementation in summer 2011. Apr. 2011 7. Assess the feasibility and cost-effectiveness of using current and potential thermal energy storage (TES) systems to shift load from on-peak periods to off-peak periods, for use in a demand response program, or for meeting any energy storage needs. Coordinate with task 21 to develop targets, if appropriate. Sep. 2011 3. Renewable Portfolio Standard (RPS) – Reduce the carbon intensity of the electric portfolio by acquiring renewable energy supplies by: a. Pursuing a minimum level of renewable purchases of at least 33% of retail sales by 2015 with the following attributes: i. The contracts for investment in renewable resources shall not exceed 30 years in term. ii. Pursue only renewable resources deemed to be eligible by the California Energy Commission (CEC). iii. Evaluate use of Renewable Energy Certificates (RECs) to meet RPS. b. Ensuring that the retail rate impact for renewable purchases does not exceed 0.5 ¢/kWh on average; and c. Performing an ongoing evaluation of the Palo Alto Clean Local Energy Accessible Now (CLEAN) program. Proposed Implementation Plan Items for Strategy #3 – Renewable Portfolio Standard (RPS) Estimated Completion 8. Fully integrate the effects on energy efficiency in the long-term electric load forecast. Nov. 2010 9. Evaluate the merits of implementing a feed-in-tariff (FIT) and the potential to meet RPS goals through local renewable resources. Jan. 2011 Exhibit 3 to Attachment A 3 Proposed Implementation Plan Items for Strategy #3 – Renewable Portfolio Standard (RPS) Estimated Completion 10. Seek UAC recommendation and Council approval of the policy elements of a FIT to encourage local renewable resource projects. May 2011 11. Continue working with NCPA to identify opportunities, including joint- ownership, for developing qualifying renewable resources. On-going 12. Evaluate the use of renewable energy credits (REC) to meet a portion of the City’s RPS goal and/or greenhouse gas emission reduction goals and monitor the regulations and requirements regarding the use of RECs to meet RPS goals. On-going 13. Evaluate a proposed geothermal project being considered by NCPA, including a pre-pay option and the benefit, costs, and risks of a pre-pay structure. June 2011 14. Conduct a Request for Proposal for eligible renewable resources including RECs and evaluate alternative renewable resource technologies and contracting mechanisms. RFP in June 2011 4. Local Generation – Promote and facilitate the deployment of cost-effective local resources by: a. Using the renewable market price referent (MPR) adjusted for time of day factors and location as the avoided cost when evaluating cost effectiveness of local resources; b. Considering energy delivery cost uncertainty and strategic value options when evaluating opportunities; c. Evaluating a Feed-in-Tariff to promote locally sited renewable resources; d. Evaluating cost-effective energy storage resources; and e. Evaluating the feasibility of developing a 25 to 50 MW generating facility connect to the City’s distribution system. Proposed Implementation Plan Items for Strategy #4 – Local Generation Estimated Completion 15. Provide an update of past local generation feasibility studies and actions to UAC and Council Dec. 2010 16. Assess the potential for and feasibility of small local distributed and non- distributed, renewable and cogeneration projects, including using a FIT to encourage these projects. Jan. 2011 17. Assess the potential, benefits and costs of developing and/or joint ownership of a 25 to 50 MW gas-fired power plant located in or near Palo Alto to meet load, reliability and local capacity needs. Jun. 2011 18. Evaluate the City’s PLUG-In Program to encourage cogeneration including rules, regulations, and buy back rates and recommend modifications as needed. Dec. 2011 Exhibit 3 to Attachment A 4 Proposed Implementation Plan Items for Strategy #4 – Local Generation Estimated Completion 19. Following receiving Council direction from Implementation Plan Initiative #10, develop a FIT proposal including rate, rules, regulations, standard contract form and limits. To be determined 20. Assess the economics and potential of the anaerobic digester as a local generation resource for CPAU Sep. 2011 21. Assess the need for and value of energy storage to support local renewable distributed generation resources. Determine any appropriate energy storage targets to be achieved by December 31, 2016, and December 31, 2021. Report back to the Council regarding what procurement targets, if any, are deemed to be appropriate so that the Council may adopt such procurement targets, if determined to be appropriate, by October 1, 2014. Jun. 2012 5. Climate Protection – Reduce the electric portfolio’s carbon intensity by: a. Supporting the City municipal government’s climate protection goals; b. Promoting the use of technologies (e.g. incentives for cogeneration systems, promotion of EVs, in-home energy displays) and programs that will reduce the community’s carbon footprint at a cost of up to the City’s value of carbon; c. Continuing to offer a renewable resource-based retail rate for all customers who want to voluntarily select an increased content of non-hydro renewable energy; and. d. Evaluating quantitative goals for possible future implementation. Proposed Implementation Plan Items for Strategy #5 – Climate Protection Estimated Completion 22. Promote the City’s Plug-in program to encourage development of cogeneration systems. On-going 23. Analyze electric vehicle (EV) charging patterns and evaluate rates to incent nighttime EV charging. Jun. 2011 24. Meet AB32 mandated annual reporting requirements to California Air Resources Board on annual volumes of electricity purchases by resource. Annually, next in Jun. 2011 25. Track and report annually on 6 major greenhouse gas emissions (CO2, CH4, N2O, SF6, HFCs, PFCs) for all of the City’s municipal operations and calculate electric portfolio’s overall emissions coefficients (lbs of CO2, CH4, and N2O per MWh of purchases). Annually, next in Sep. 2011 26. Evaluate the costs, benefits and impacts of the implementation of an electric portfolio carbon neutral policy and the setting of quantitative goals (e.g. carbon intensity, total GHG emissions). Jan. 2012 27. Evaluate PaloAltoGreen program design and recommend modifications, as appropriate, including constructing PaloAltoGreen to assist in meeting Renewable Portfolio Standard goals. Jun. 2012 Exhibit 3 to Attachment A 5 6. Hydro Resource Management – Actively monitor and manage cost uncertainty related to variations in hydroelectric supply and maximize value of hydro resources by: a. Planning for an average hydro year on a long-term basis; b. Utilizing cost effective hydro resource management products; and c. Implementing opportunities to maximize benefits and reduce costs of the Western Base Resource and Calaveras hydroelectric resources. Proposed Implementation Plan Items for Strategy #6 – Hydro Resource Management Estimated Completion 28. Evaluate potential rate adjustment mechanisms that would adjust electric rates based on hydrologic year type and develop a recommendation for a rate. Apr. 2011 29. Assess the value related to Palo Alto’s participation in the CAISO’s Metered Subsystem Agreement and the use of the Calaveras hydroelectric project for load following. On-going 30. Identify long-term opportunities to maximize the value of the Calaveras hydroelectric project as an energy storage resource. On-going 31. Work with NCPA to seek opportunities to increase the efficiency of the Calaveras hydroelectric project and implement operational value maximizing strategies. On-going 7. Market Price Exposure Management – Actively monitor and manage operational, counterparty and wholesale energy price risk in the short-term (up to three to five years) by: a. Maintaining an adequate pool of creditworthy suppliers; and b. Diversifying supply purchases across commitment date, start date, duration, suppliers and pricing terms in alignment with rate stability objectives and reserve guideline. Proposed Implementation Plan Items for Strategy #7 – Market Price Exposure Management Estimated Completion 32. Evaluate a block purchase of up to 25 MW to meet base load needs for Jan- Mar and Nov-Dec for a term of up to 5 years. Feb. 2011 33. Conduct an RFP for new electric master agreement counterparties. Dec. 2011 34. Explore opportunities with NCPA, other municipal utilities and/or third party suppliers to reduce scheduling and/or operating costs. On-going 35. Continue to implement a 3-year laddering strategy to manage market price uncertainty. On-going 8. Transmission and Reliability – Pursue the reliability of supply at fair and reasonable transmission and delivery costs by: a. Actively participating through collaborative efforts with other entities, in local, regional, statewide and federal regulatory and legislative forums; Exhibit 3 to Attachment A 6 b. Participating in transmission and reliability market design forums to ensure that adopted market designs result in adequate reliability, workably competitive markets and equitable cost allocation; c. Evaluating interconnection options to the City to increase service reliability and lower delivery costs; and d. Exploring transmission opportunities and strategies to meet long-term renewable portfolio objectives beyond 2020. Proposed Implementation Plan Items for Strategy #8 – Transmission and Reliability Estimated Completion 36. Investigate transmission connection voltage upgrade from 115 to 230 kV, and the potential for a transmission reliability connection to west side. On-going 37. Explore transmission opportunities and strategies to meet long-term renewable portfolio objectives beyond 2020. On-going 38. Evaluate joint efforts for power plant ownership opportunities or long-term agreements to meet the City’s Resource Adequacy Program requirements. On-going Exhibit 4 to Attachment A 1 Gas Utility Long-term Plan (GULP) Objectives, Strategies and Implementation Plan Approved by Council on April 23, 2012 (Staff Report 2552 – Resolution 9244) GULP Objectives: 1. Market price transparency – Pass a market supply cost signal through to customers. 2. Supply Cost Management – Lower delivered gas cost over the long term. 3. Energy Efficiency – Ensure the deployment of all feasible, reliable, cost-effective energy efficiency measures. 4. Climate Protection – Reduce the carbon intensity of the gas portfolio in accordance with the Climate Protection Plan. 5. Parity with PG&E – At a reasonable cost, protect the City’s interests and maintain access to transportation on par with PG&E’s core customers. GULP Strategies: 1. Pass a market supply cost signal through to customers by: a. Purchasing natural gas at monthly and daily market index prices; and b. Changing gas supply rates monthly to reflect market prices. 2. Lower delivered gas cost over the long term by: a. Acquiring pipeline assets that yield supply costs below market and meet operational needs; b. Taking advantage of the City’s low cost of capital to acquire gas supply and assets; and c. Optimizing existing assets. 3. Ensure the deployment of all feasible, reliable, cost-effective energy efficiency measures by: a. Developing and implementing a ten-year gas efficiency plan every three years that includes a reasonable carbon price premium for traditional gas supplies; and b. Considering the impacts (cost, benefits, and GHG emissions) of substituting electricity-using appliances for gas-using appliances and vice versa in the ten-year gas efficiency plan. 4. Reduce the carbon intensity of the gas portfolio in accordance with the Climate Protection Plan by: a. Designing and implementing a voluntary retail program using reasonably priced non- fossil fuel gas resources; and b. Purchasing non-fossil fuel gas for the portfolio as long as it can be done with no rate impact. 5. At a reasonable cost, protect the City’s interests and maintain access to transportation on par with PG&E’s core customers by: a. Participating in the regulatory and legislative arenas when the potential impact on the City is aligned with the cost to intervene and the probability of success; Exhibit 4 to Attachment A 2 a. Negotiating with PG&E for fair access to transportation and storage; and b. Exploring potential joint action with other public agencies. GULP Implementation Plan: 1. Transition to market price-based, monthly-adjusted gas supply rates by: a. Developing a new purchasing plan to be approved by the Director of Utilities; b. Designing a new monthly-adjusted gas supply rate; c. Revising the reserve guidelines for Council approval; and d. Conducting customer communication and outreach. 2. Pursue below-market assets available through the Gas Transportation and Storage Settlement by: a. Evaluating the pipeline capacity reservation options available; and b. Contracting with PG&E for any pipeline capacity with an estimated cost below the forecasted market value. 3. Pursue opportunities for natural gas prepay transactions by: a. Hiring a consultant to help staff with: i. Identifying any internal policy changes needed including the policy on the use of financial instruments; ii. Identifying system and internal processes required; iii. Identifying opportunities; and iv. Evaluating opportunities and quantifying the benefits and costs; and b. Seeking UAC recommendation and Council approval regarding whether to proceed with a gas prepay transaction. 4. Develop an implementation plan to meet the gas efficiency targets by summer 2011 including the: a. Evaluation of the cost-effectiveness of substituting gas-using appliance for electric- using appliances and vice versa and the greenhouse gas impacts of such substitutions; and b. Incorporation of any cost-effective substitution measures in the implementation plan to meet the gas efficiency targets. 5. Track and report progress against adopted gas efficiency goals by: a. Providing quarterly updates on the gas efficiency program achievements to the UAC; and b. Providing annual updates on gas efficiency program achievements to the UAC and the City Council. 6. Continue evaluating new gas efficiency technologies and undertake pilot studies where appropriate. 7. Pursue reasonably priced non-fossil gas for a voluntary program through NGPP by: a. Reviewing the due diligence report to be provided to NGPP participants by the end of October 2010; and b. Based on the results, recommending whether to continue participating in the projects. Exhibit 5 to Attachment A 1 Water Integrated Resource Plan Guidelines Approved by the City Council on December 8, 2003 (CMR:547:03) Guideline 1 – Preserve and enhance SFPUC supplies: With respect to the City of Palo Alto Utilities’ (CPAU’s) primary water supply source, the San Francisco Public Utilities Commission (SFPUC), continue to actively participate in the Bay Area Water Supply and Conservation Agency (BAWSCA) to assist in achieving BAWSCA’s stated goal: “A reliable supply of water, with high quality, and at a fair price.” Objectives in support of that overall goal include: A. That the regional water system gets rebuilt cost-effectively and that BAWSCA monitor implementation of AB 1823 – San Francisco should safeguard the water system against damage from earthquakes and other foreseeable hazards. BAWSCA will monitor progress on the system repairs and on completing the requirements of the legislation that the BAWSCA agencies supported to oblige San Francisco to repair and rebuild the regional system. B. That the cost of improvements is fairly allocated – San Francisco should commit to maintaining cost-based pricing, with the costs of the wholesale water system shared between the City and its wholesale customers based on their proportionate share. C. That future water needs can be met – San Francisco must evaluate the ability of the regional system to meet future supply and capacity requirements and must use the BAWSCA agencies’ long-term water demand forecasts as the basis for regional water demand projections. D. That there are adequate supplies during droughts – San Francisco should arrange back-up supplies for dry years and should “drought proof” the entire service area, not just San Francisco itself. If rationing becomes necessary, San Francisco should use a system that allocates available water between San Francisco and wholesale customers in a way that (1) is fair and (2) avoids penalizing long-term conservation efforts and/or development of alternative supplies, such as recycled water. E. That communities prepare for potential water outages – San Francisco should coordinate with the BAWSCA agencies to develop a crisis management plan. F. That agencies implement cost-effective water conservation activities – San Francisco should provide agencies enough information so that they can prepare for possible outages, including the provision of conservation programs for their communities. BAWSCA can act as coordinator for these programs to improve the cost- effectiveness of agencies offering such programs. Exhibit 5 to Attachment A 2 G. That water received must meet drinking water standards – San Francisco should continue to protect the purity of Hetch Hetchy water and commit to provide its wholesale customers with water that meets EPA and California drinking water standards. H. That the Master Contract is properly implemented and a new Master Contract is in place prior to 2009 – San Francisco should commit to maintaining cost-based pricing, with the costs of the wholesale water system shared between the City and its wholesale customers based on their proportionate share. I. That there is ongoing support of efforts to protect health, safety and economic well being of the water customers and communities – BAWSCA should maintain the support of the many allies who supported the legislative effort to ensure San Francisco repairs, rebuilds, and maintains the regional system. Guideline 2 – Advocate for an interconnection between SFPUC and the District: Work with the Santa Clara Valley Water District (District) and the SFPUC to pursue the extension of the District’s West Pipeline to an interconnection with the SFPUC Bay Division Pipelines 3&4. Continue to re-evaluate the attractiveness of a connection to an extension of the District’s West Pipeline. Guideline 3 – Actively participate in development of cost-effective regional recycled water plans: Re-initiate discussions with the owners of the Palo Alto Regional Water Quality Control Plant (PARWQCP) on recycled water development. In concert with the PARWQCP owners, conduct a new feasibility study for recycled water development. Since the feasibility of a recycled water system depends upon sufficient end-user interest, determine how much water Stanford and the Stanford Research Park would take. Guideline 4 – Focus water DSM programs to comply with BMPs: Continue implementation of water efficiency programs with the primary focus to achieve compliance with the Best Management Practices (BMPs) promoted by the California Urban Water Conservation Coalition. Guideline 5 – Maintain emergency water conservation measures to be activated in case of droughts: Review, retain, and prioritize CPAU’s emergency water conservation measures that would be put into place in a drought time emergency. Guideline 6 – Retain groundwater supply options in case of changed future conditions: Using groundwater on a continuous basis does not appear to be attractive at this time due to the availability of adequate, high quality supplies from the SFPUC in normal years. However, SFPUC supplies are not adequate in drought years and circumstances could change in the future such that groundwater supplies could become an attractive, cost-effective option. Examples of changing circumstances could be that the amount of water available to CPAU from the SFPUC for the long-term is reduced. This could occur if regulations or legislation require additional water to be made available to the Tuolumne River fisheries. In addition, in the future Exhibit 5 to Attachment A 3 allocations or entitlements to SFPUC water may be developed. If those allocations are based on the dry-year yield of the system, allocations to all the users of the system, including CPAU, could be well below their current and projected future needs. CPAU should retain the option of using groundwater in amounts that would not result in land surface subsidence, saltwater intrusion, or migration of contaminated plumes. Guideline 7 – Survey community to determine its preferences regarding the best water resource portfolio: Seek feedback from all classes of water customers on the question of whether to use groundwater during drought to improve drought year supply reliability. At the same time, seek feedback on the appropriate level of water treatment for groundwater if it were to be used in droughts. Survey all classes of water customers to determine their preferences as to the appropriate balance between cost, quality, reliability, and environmental impact. Note: WIRP Guidelines approved with the proviso that when determining the economic feasibility of alternative water sources relative to SFPUC water, consideration will be given to the possibility that SFPUC water may have a fixed cost component independent of usage, which may be unavoidable when SFPUC water use is reduced. Exhibit 6 to Attachment A 1 Adopted by City Council on March 4, 2013 (Staff Report 3550) City of Palo Alto Utilities Electric Supply Portfolio Carbon Neutral Plan 1. Carbon Neutral Definition A carbon neutral electric supply portfolio will demonstrate annual net zero greenhouse gas (GHG) emissions, measured at the Citygate1, in accordance with The Climate Registry’s Electric Power Sector protocol for GHG emissions measurement and reporting. 2. Carbon Neutral Plan Objective Reduce the City of Palo Alto’s overall community GHG emissions by achieving carbon neutrality for the Electric Supply Portfolio starting in calendar year 2013 within an annual rate impact not to exceed 0.15 cents per kilowatt-hour (₵/kWh) primarily through the: 1) engagement of customers to increase energy efficiency; 2) expansion of long-term renewable resource commitments; 3) promotion of local renewable resources; 4) continued reliance on existing hydroelectric resources; and 5) meeting short-term balancing requirements and/or neutralizing residual carbon through the use of short-term purchases of renewable resources and/or renewable energy certificates (RECs). 3. Resource Strategies a. Energy Efficiency i. Continue to pursue energy efficiency strategies as identified in the Council- approved ten-year Energy Efficiency Plan. b. Long-term Renewable Resources i. Continue to pursue the City’s Renewable Portfolio Standard (RPS) goal to purchase renewable energy to supply at least 33% of retail sales by 2015 while ensuring that the retail rate impact of these purchases does not exceed 0.5₵/kWh. ii. Continue to pursue local renewable resources through the Palo Alto CLEAN and PV Partners programs. iii. Pursue additional RPS-eligible, long-term renewable resources (beyond the RPS goals) to achieve a target of 100% carbon-free resources based on average year hydroelectric generation. c. Short-term Renewable Resources and Renewable Energy Certificates i. For calendar years 2013 through 2016, procure short-term renewables, if the price is comparable to that of an un-bundled REC; 1 Citygate is the location of the City’s main meter where the City interconnects to the Pacific Gas and Electric transmission system. Emissions associated with of the output of the locally sited fossil gas fired combustions units (COBUG), while not measured at Citygate, will be neutralized. Exhibit 6 to Attachment A 2 ii. For calendar years 2013 through 2016, procure RPS-eligible, un-bundled RECs as needed to achieve carbon neutrality based on actual load and resources; iii. Neutralize anthropogenic GHG emissions associated with renewable resources with unbundled-RECs, which may or may not be RPS-eligible. d. Banking and Truing Up i. In the event that there are surplus renewables beyond the load in a particular year, bank as many RECs as allowable under the TCR EPS protocol from qualifying renewables from that year to minimize the need for purchasing RECs in subsequent years. ii. Neutralize emissions associated with market purchases resulting from deviations between expected and actual load and renewable and hydroelectric generation resources with unbundled-RECs, which may or may not be RPS-eligible. 4. Hydroelectric Resources a. Continue to preserve and advocate for existing carbon-neutral hydroelectric generation resources that provide approximately 50% of average year resource needs. b. Plan for and acquire carbon neutral resources assuming average hydroelectric conditions going forward. c. Under adverse hydroelectric conditions, procure unbundled-RECs, which may or may not be RPS-eligible, to achieve carbon neutrality up to the 0.15₵/kWh rate impact limit and seek Council direction if carbon neutrality cannot be achieved within the rate impact limit. d. Under favorable hydroelectric conditions, where carbon neutral resources are expected to be surplus to needs, even after allowable banking, then pursue selling short-term renewable energy, or the renewable attributes, associated with one or more carbon- neutral resources in the portfolio. 5. Financial and Rate Payer Impacts a. In addition to the RPS annual rate impact limit of 0.5₵/kWh, the cost of achieving carbon neutrality shall not exceed 0.15₵/kWh based on an average hydro year. b. Revenues collected from surplus energy sales related to hydroelectric resources under favorable conditions (e.g. wet years), will be maintained within reserves to adjust for the cost of achieving carbon neutrality under adverse hydroelectric years. c. To the extent available and allowable, revenues from the auction of cap-and-trade allowances may be used to fund resources acquired to meet the carbon neutrality goals. 6. Reporting and Communication a. Develop a communication plan for stakeholders to inform them of the City’s efforts towards achieving a carbon neutral electric supply. b. Submit an annual, verified report of the carbon content of the electric supply portfolio to The Climate Registry. c. Provide customers a report of the electric supply portfolio’s carbon content to supplement the mandated Power Content Label. Exhibit 6 to Attachment A 3 d. Inform large commercial and/or corporate customers of the City’s carbon neutral portfolio and its relevance to their individual corporate sustainability goals. 7. Implementation Plan The tasks that need to be completed in the next two years pending Council approval of the Carbon Neutral Plan in February 2013 are listed in the table below. Item Timeframe 1. Modify electric supply portfolio models and Energy Risk Management Policies, Guidelines and Procedures to account for Carbon Neutral objectives, balancing, banking of renewable attributes, reporting and financial impacts. By April 2013 2. Modify the Long-term Electric Acquisition Plan (LEAP) to include the carbon neutral objective By June 2013 3. Develop communication plan to inform customers and stakeholders of Carbon Neutral Plan and efforts. February to April 2013 4. Based on response to the Fall 2012 request for proposals, seek approval of new renewable power purchase agreements to meet the City’s RPS up to approximately 100% of the long-term resource needs in average hydro years. December 2012 to June 2013 5. Determine resource needs for CY 2013 through CY 2016 and develop plan to acquire short-term renewable resources. By June 2013 6. Determine long-term renewable purchase volumes for beyond CY 2016 and develop plan to acquire long-term renewable resources. By September 2013 7. Procure RECs as needed to neutralize carbon emissions based on actual load and resources for CY 2013. By May 2014 8. Along with annual Power Content Label, produce and report to customers the carbon intensity of the electric supply portfolio. May/June 2014 and annually thereafter 9. Produce and submit Electric Power Sector (EPS) and Local Governments Operation Protocol (LGOP) reports to The Climate Registry (TCR) for CY 2013. July and October 2014 and annually thereafter 10. Get independent verification of TCR reports and submit audited reports to TCR. By December 2014 and annually thereafter 11. Redesign the PaloAltoGreen program according to Council direction. By December 2013 Exhibit 7 to Attachment A Adopted by Council on April 21, 2014 (Staff Report 4608) 1 City of Palo Alto Utilities – Local Solar Plan Goal To increase the installation of local solar photovoltaic facilities to provide 4 percent of the City’s total energy needs by 2023. Objectives 1. Facilitate the development of local, safe and cost‐effective solar in Palo Alto to meet the diverse needs of the community 2. Reduce the cost of installing solar in Palo Alto and become a leader in promoting renewable distributed generation through solar installations 3. Understand the community’s solar potential and diverse needs and develop solar programs accordingly 4. Remove internal obstacles to minimize cost and achieve greater solar potential 5. Promote solar installations in a cost effective and safe manner 6. Leverage industry resources to the extent possible 7. Deploy industry best practices Strategies 1. Remove internal system and institutional barriers which increase “soft” costs and may impede adoption of solar in Palo Alto a. Work with the Development Center, Planning and Utilities to identify further improvements to streamline the solar permitting process. b. Promote advancements in the City’s permitting process to community and solar developers. 2. Develop proper policies, incentives, price signals and rates to encourage solar installation a. Solar Policy and Rate Design – explore rate structures that balance cost of service with the City’s policy to promote the development of new solar systems in Palo Alto. i. When evaluating new solar policies, evaluate the impact, if any, on non‐solar ratepayers. b. City of Palo Alto Utilities (CPAU) Billing System – explore modifications to the billing system and/or evaluate: i. Incorporating net metering information on the monthly bills ii. Virtual net metering to allow the sharing of net metering bill credits across accounts c. CPAU Incentives – assess providing rebates or other incentives after the SB1 mandated expenditures are exhausted, the Federal Investment Tax Credit has been reduced from 30% to 10% and the net‐metering cap has been met, to continue to encourage local solar installations. d. Leverage available resources for solar policy and program development Exhibit 7 to Attachment A Adopted by Council on April 21, 2014 (Staff Report 4608) 2 i. Participate in the Federal Department of Energy’s American Solar Transformation Initiative to receive free services including development of a customized solar road map ii. Request assistance from existing membership in Solar Electric Power Association and ESource iii. Consider partnering with regional cities, counties and the State of California in developing solar programs e. Advocate at a local, regional and state level for effective rules, regulations and legislation to promote cost effective and fair solar development i. Coordinate with other municipal utilities through the Northern California Power Agency (NCPA) and the California Municipal Utilities Association (CMUA) on state legislation related to solar 3. Assess technical and market potential of solar in Palo Alto a. Review commercial and residential sites to determine solar technical potential b. Determine cost drivers for installing solar in Palo Alto c. Utilize other industry studies to develop a feasible and marketable potential d. Develop a database of solar potential e. Assess the impacts of PV on CPAU’s distribution system 4. Implement policies and programs to increase solar system installations on CPAU customer sites with good solar access a. Continue to promote the PV Partners program to achieve the 6.5 MW of installation by 2017, per CA SB1 b. Continue to promote the Palo Alto CLEAN (feed‐in‐tariff) program and revamp the marketing of Palo Alto CLEAN to facilitate the coordination of potential sites with developers and property owners/managers to achieve some level of participation i. Annually re‐assess the avoided cost of local renewable energy and recommend adjustments to the CLEAN offer price and contract terms, as appropriate ii. Investigate developers’ concerns with Palo Alto CLEAN program rules iii. Continue to educate commercial property owners about the CLEAN program c. Evaluate solar project financing options i. Coordinate with the California FIRST Property Assessed Clean Energy (PACE) program which allows solar system owners to borrow funds for the PV installation and pay it back on their property tax bills over a term equal to the expected system life (20 years). ii. Partner with local lenders to offer solar financing1 1 See an example of such a program from New Jersey’s Public Service Enterprise Group her: http://www.pseg.com/home/save/solar/index.jsp Exhibit 7 to Attachment A Adopted by Council on April 21, 2014 (Staff Report 4608) 3 5. Facilitate and/or develop new programs to encourage new participants to develop local solar installations. a. Develop a solar donation program for community members to donate to public sector and non‐profit organizations which may benefit from solar, but can’t afford the investment on their own. i. Work with PAUSD and other non‐profits to identify sites. Potential installation sites include public sector and non‐profit locations which are ineligible to receive federal tax subsidies. ii. Evaluate alternative mechanisms to provide donations to sustain the program, including: (1) Reformulating the suspended PaloAltoGreen electric program as a mechanism to provide ongoing donations; (2) Developing a bill donation mechanism to raise funds; or (3) Developing on‐line or crowd‐funded sources to raise ongoing funds. b. Develop a community solar share program for the benefit of community members that do not have good solar access but have the desire to invest in local solar. i. Evaluate program design options that allow CPAU customers to invest in a share of a new larger‐scale solar PV installations located in Palo Alto ii. Evaluate options for providing value back to customer investors, including: (1) Evaluate CPAU’s ability to provide monthly payments (in $) on the customer’s Utilities bill (2) Evaluate CPAU’s ability to offer “virtual net metering” so that energy produced (in kWh) from a solar system could be reflected on customers’ Utilities bills. [Note that the billing system challenges may be substantial for this option.] (3) Evaluate providing payments to customers via a third‐party administrator separate from the Utilities bill. iii. Evaluate outsourcing the administration of the community solar program to provide the following: (1) Develop the community solar program (2) Perform program marketing (3) Identify installation sites (4) Manage the solar installation contract (5) Own, operate and maintain the PV installation (or contract with a third‐ party) c. Investigate group‐discount solar PV program options to allow/facilitate Palo Alto residents to pool their buying power to secure significant discounts, making installing solar on their home simple and more affordable. i. Leverage existing group‐discount programs offered to regional residents and company employees. 6. Maximize solar installations on City‐owned facilities a. Assist Public Works in evaluating leasing City‐owned facilities with low electric consumption (elevated garages and surface parking lots) to a solar developer who Exhibit 7 to Attachment A Adopted by Council on April 21, 2014 (Staff Report 4608) 4 could install solar PV systems and would be compensated under the Palo Alto CLEAN program. b. Assist Public Works in investigating installing net‐metered solar on City‐owned sites to reduce the City’s annual electric costs (and benefit the General fund). 7. Educate the community on the benefits of solar through information and demonstration projects a. Develop solar demonstration projects on City and public facilities b. Promote the benefits of PV systems together with fuel switching (replacing end‐of‐ life gas appliances with electric appliances or replacing a gasoline vehicle with an electric vehicle or a plug‐in hybrid vehicle) strategies to reduce greenhouse gas emissions. c. Investigate developing a “one‐stop‐shop” model (e.g., Wave‐one). d. Develop "how to go solar" promotional materials which allows customers to evaluate several solar options. e. Develop direct marketing for small commercial/business customers. f. Develop a database of solar projects installed throughout the community as “case studies” and promote them through CPAU’s web site. g. Promote new innovative solar technologies using the CPAU Emerging technology Program i. Thermoelectric paint ii. PV & batteries iii. Building‐integrated PV (BIPV) iv. White roofs v. Microgrids vi. Solar shingles vii. Solar thermal Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2017 Electric Financial Plan ELECTRIC UTILITY RESERVES MANAGEMENT PRACTICES The following reserves management practices are used when developing the Electric Utility Financial Plan: Section 1. Definitions a) “Financial Planning Period” – The Financial Planning Period is the range of future fiscal years covered by the Financial Plan. For example, if the Financial Plan delivered in conjunction with the FY 2015 budget includes projections for FY 2015 to FY 2019, FY 2015 to FY 2019 would be the Financial Planning Period. b) “Fund Balance” – As used in these Reserves Management Practices, Fund Balance refers to the Utility’s Unrestricted Net Assets. c) “Net Assets” - The Government Accounting Standards Board defines a Utility’s Net Assets as the difference between its assets and liabilities. d) “Unrestricted Net Assets” - The portion of the Utility’s Net Assets not invested in capital assets (net of related debt) or restricted for debt service or other restricted purposes. Section 2. Supply Fund Reserves The Electric Supply Fund Balance is reserved for the following purposes: a) For existing contracts, as described in Section 4 (Reserve for Commitments) b) For operating budgets reappropriated from previous years, as described in Section 5 (Reserve for Reappropriations) c) For special projects for the benefit of the Electric Utility ratepayers, as described in Section 6 (Electric Special Projects Reserve) d) For year to year balancing of costs associated with the Electric Utility’s hydroelectric resources, as described in Section 7 (Hydroelectric Stabilization Reserve) e) For rate stabilization, as described in Section 1.d) (Rate Stabilization Reserves) f) For operating contingencies, as described in Section 12 (Operations Reserves) g) Any funds not included in the other reserves will be considered Unassigned Reserves and shall be returned to ratepayers or assigned a specific purpose as described in Section 13 (Unassigned Reserves). Section 3. Distribution Fund Reserves The Electric Distribution Fund Balance is reserved for the following purposes: a) For existing contracts, as described in Section 4 (Reserves for Commitments) b) For operating and capital budgets reappropriated from previous years, as described in Section 5 (Reserves for Reappropriations) c) As an offset to underground loan receivables, as described in Section 8 (Underground Loan Reserve) d) To hold Public Benefit Program funds collected but not yet spent, as described in Section 9 (Public Benefits Reserve) e) For cash flow management and contingencies related to the Electric Utility’s Capital Improvement Program (CIP), as described in Section 10 (CIP Reserve) Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2017 Electric Financial Plan f) For rate stabilization, as described in Section 1.d) (Rate Stabilization Reserves) g) For operating contingencies, as described in Section 12 (Operations Reserves) h) Any funds not included in the other reserves will be considered Unassigned Reserves and shall be returned to ratepayers or assigned a specific purpose as described in Section 14 (Unassigned Reserves). Section 4. Reserves for Commitments At the end of each fiscal year the Electric Supply Fund and Electric Distribution Fund Reserves for Commitments will be set to an amount equal to the total remaining spending authority for all contracts in force for the Electric Supply Fund and Electric Distribution Fund, respectively, at that time. Section 5. Reserves for Reappropriations At the end of each fiscal year the Electric Supply Fund and Electric Distribution Fund Reserves for Reappropriations will be set to an amount equal to the amount of all remaining capital and non-capital budgets that will be reappropriated to the following fiscal year for each Fund in accordance with Palo Alto Municipal Code Section 2.28.090. Section 6. Electric Special Projects Reserve The Electric Special Projects Reserve (ESP Reserve) will be managed in accordance with the policies and timelines set forth in Resolution 9206 (Resolution of the Council of the City of Palo Alto Approving Renaming the Calaveras Reserve to the Electric Special Project Reserve and Adoption of Electric Special Project Reserve Guidelines). These policies and timelines are included from Resolution 9206 as amended to refer to the reserves structure set forth in these Reserves Management Practices: a) The purpose of the ESP Reserve is to fund projects that benefit electric ratepayers; b) The ESP Reserve funds must be used for projects of significant impact; c) Projects proposed for funding must demonstrate a need and value to electric ratepayers. The projects must have verifiable value and must not be speculative, or high-risk in nature; d) Projects proposed for funding must be substantial in size, requiring funding of at least $1 million; e) The preferred projects to be funded by the ESP Reserve must be identified by end of FY 2015; f) Any uncommitted funds remaining at the end of FY 2020 will be transferred to the Electric Supply Operations Reserve and the ESP Reserve will be closed; and g) Funds may be used for analysis and pilot projects which would be the basis for planned large projects. Section 7. Hydroelectric Stabilization Reserve Supply cost savings and surplus energy sales revenue associated with higher than average generation from hydroelectric resources may be added to the Electric Supply Fund’s Hydroelectric Stabilization Reserve by action of the City Council and held to offset higher Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2017 Electric Financial Plan commodity supply costs during years of lower than average generation. Withdrawal of funds from the Hydroelectric Stabilization Reserve requires action by the City Council. Section 8. Underground Loan Reserve At the end of each fiscal year, the Underground Loan Reserve will be adjusted by the principal payments made against outstanding underground loans. Section 9. Public Benefits Reserve The Public Benefits Reserve will be increased by the amount of unspent Public Benefits Revenues remaining at the end of each fiscal year. Expenditure of these funds requires action by the City Council. Section 10. CIP Reserve The CIP Reserve is used to manage cash flow for capital projects and acts as a reserve for capital contingencies. Staff will manage the CIP Reserve according to the following practices: a) The following guideline levels are set forth for the CIP Reserve. These guideline levels are calculated for each fiscal year of the Financial Planning Period based on the levels of CIP expense budgeted for that year. Minimum Level 60 days of budgeted CIP expense Maximum Level 120 days of budgeted CIP expense b) Changes in Reserves: Staff is authorized to transfer funds between the CIP Reserve and the Reserve for Commitments when funds are added to or removed from the Reserve for Commitments as a result of a change in contractual commitments related to CIP projects. Any other additions to or withdrawals from the CIP reserve require Council action. c) Minimum Level: i) Funds held in the Reserve for Commitments may be counted as part of the CIP Reserve for the purpose of determining compliance with the CIP Reserve minimum guideline level. ii) If, at the end of any fiscal year, the minimum guideline is not met, staff shall present a plan to the City Council to replenish the reserve. The plan shall be delivered by the end of the following fiscal year, and shall, at a minimum, result in the reserve reaching its minimum level by the end of the next fiscal year. For example, if the CIP Reserve is below its minimum level at the end of FY 2017, staff must present a plan by June 30, 2018 to return the reserve to its minimum level by June 30, 2019. In addition, staff may present, and the Council may adopt, an alternative plan that takes longer than one year to replenish the reserve, or that does so in a shorter period of time. d) Maximum Level: If, at any time, the CIP Reserve reaches its maximum level, no funds may be added to this reserve. If there are funds in this reserve in excess of the maximum level staff must propose to transfer these funds to another reserve or return Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2017 Electric Financial Plan them to ratepayers in the next Financial Plan. Staff may also seek City Council to approve holding funds in this reserve in excess of the maximum level if they are held for a specific future purpose related to the CIP. Section 11. Rate Stabilization Reserves Funds may be added to the Electric Supply or Distribution Fund’s Rate Stabilization Reserves by action of the City Council and held to manage the trajectory of future year rate increases. Withdrawal of funds from either Rate Stabilization Reserve requires action by the City Council. If there are funds in either Rate Stabilization Reserve at the end of any fiscal year, any subsequent Electric Utility Financial Plan must result in the withdrawal of all funds from this Reserve by the end of the Financial Planning Period. Section 12. Operations Reserves The Electric Supply Fund and Electric Distribution Fund Operations Reserves are used to manage normal variations in the costs of providing electric service and as a reserve for contingencies. Any portion of the Electric Utility’s Fund Balance not included in the reserves described in Section 4 to d) above will be included in the appropriate Operations Reserve unless the reserve has reached its maximum level as set forth in Section 12 (e) below. Staff will manage the Operations Reserves according to the following practices: a) The following guideline levels are set forth for the Electric Supply Fund Operations Reserve. These guideline levels are calculated for each fiscal year of the Financial Planning Period based on the levels of Operations and Maintenance (O&M) and commodity expense forecasted for that year in the Financial Plan. Minimum Level 60 days of Supply Fund O&M and commodity expense Target Level 90 days of Supply Fund O&M and commodity expense Maximum Level 120 days of Supply Fund O&M and commodity expense b) The following guideline levels are set forth for the Electric Distribution Fund Operations Reserve. These guideline levels are calculated for each fiscal year of the Financial Planning Period based on the levels of O&M expense forecasted for that year in the Financial Plan. Minimum Level 60 days of Distribution Fund O&M expense Target Level 90 days of Distribution Fund O&M expense Maximum Level 120 days of Distribution Fund O&M expense c) Minimum Level: If, at the end of any fiscal year, the funds remaining in the Supply Fund or Distribution Fund’s Operations Reserve are lower than the minimum level set forth above, staff shall present a plan to the City Council to replenish the reserve. The plan shall be delivered within six months of the end of the fiscal year, and shall, at a minimum, result in the reserve reaching its minimum level by the end of the following Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2017 Electric Financial Plan fiscal year. For example, if the Operations Reserve is below its minimum level at the end of FY 2014, staff must present a plan by December 31, 2014 to return the reserve to its minimum level by June 30, 2015. In addition, staff may present an alternative plan that takes longer than one year to replenish the reserve. d) Target Level: If, at the end of any fiscal year, either Operations Reserve is higher or lower than the target level, any Financial Plan created for the Electric Utility shall be designed to return both Operations Reserves to their target levels by the end of the forecast period. e) Maximum Level: If, at any time, either Operations Reserve reaches its maximum level, no funds may be added to this Reserve. Any further increase in that fund’s Fund Balance shall be automatically included in the Unassigned Reserve described in Section 13, below. Section 13. Unassigned Reserves If the Operations Reserve in either the Electric Supply Fund or the Electric Distribution Fund reaches its maximum level, any further additions to that fund’s Fund Balance will be held in the Unassigned Reserve. If there are any funds in either Unassigned Reserve at the end of any fiscal year, the next Financial Plan presented to the City Council must include a plan to assign them to a specific purpose or return them to the Electric Utility ratepayers by the end of the first fiscal year of the next Financial Planning Period. For example, if there were funds in the Unassigned Reserves at the end of FY 2016, and the next Financial Planning Period is FY 2017 through FY 2021, the Financial Plan shall include a plan to return or assign the funds in the Unassigned Reserve by the end of FY 2017. Staff may present an alternative plan that retains these funds or returns them over a longer period of time. Section 14. Intra-Utility Transfers between Supply and Distribution Funds Transfers between Electric Distribution Fund Reserves and Electric Supply Fund Reserves are permitted if consistent with the purposes of the two reserves involved in the transfer. Such transfers require action by the City Council. Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2016 Gas Financial Plan GAS UTILITY RESERVES MANAGEMENT PRACTICES The following reserves management practices shall be used when developing the Gas Utility Financial Plan: Section 1. Definitions a) “Financial Planning Period” – The Financial Planning Period is the range of future fiscal years covered by the Financial Plan. For example, if the Financial Plan delivered in conjunction with the FY 2015 budget includes projections for FY 2015 to FY 2019, FY 2015 to FY 2019 would be the Financial Planning Period. b) “Fund Balance” – As used in these Reserves Management Practices, Fund Balance refers to the Utility’s Unrestricted Net Assets. c) “Net Assets” - The Government Accounting Standards Board defines a Utility’s Net Assets as the difference between its assets and liabilities. d) “Unrestricted Net Assets” - The portion of the Utility’s Net Assets not invested in capital assets (net of related debt) or restricted for debt service or other restricted purposes. Section 2. Supply Fund Reserves The Gas Utility’s Supply Fund Balance is reserved for the following purposes: a) For existing contracts, as described in Section 4 (Reserve for Commitments) b) For operating and capital budgets re-appropriated from previous years, as described in Section 5 (Reserve for Re-appropriations) Section 3. Distribution Fund Reserves a) For existing contracts, as described in Section 4 (Reserve for Commitments) b) For operating and capital budgets re-appropriated from previous years, as described in Section 5 (Reserve for Re-appropriations) c) For cash flow management and contingencies related to the Gas Utility’s Capital Improvement Program (CIP), as described in Section 6 (CIP Reserve) d) For rate stabilization, as described in Section 7 (Rate Stabilization Reserve) e) For operating contingencies, as described in Section 8 (Operations Reserve) f) Any funds not included in the other reserves will be considered Unassigned Reserves and shall be returned to ratepayers or assigned a specific purpose as described in Section 9 (Unassigned Reserves) Section 4. Reserve for Commitments At the end of each fiscal year the Gas Supply Fund and Gas Distribution Fund Reserve for Commitments will be set to an amount equal to the total remaining spending authority for all contracts in force for the Wastewater Collection Utility at that time. Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2016 Gas Financial Plan Section 5. Reserve for Reappropriations At the end of each fiscal year the Gas Supply Fund and Gas Distribution Fund Reserve for Reappropriations will be set to an amount equal to the amount of all remaining capital and non-capital budgets, if any, that will be re-appropriated to the following fiscal year for each fund in accordance with Palo Alto Municipal Code Section 2.28.090. Section 6. CIP Reserve The CIP Reserve is used to manage cash flow for capital projects and acts as a reserve for capital contingencies. Staff will manage the CIP Reserve according to the following practices: e) The following guideline levels are set forth for the CIP Reserve. These guideline levels are calculated for each fiscal year of the Financial Planning Period based on the levels of CIP expense budgeted for that year. Minimum Level 12 months of budgeted CIP expense Maximum Level 24 months of budgeted CIP expense f) Changes in Reserves: Staff is authorized to transfer funds between the CIP Reserve and the Reserve for Commitments when funds are added to or removed from the Reserve for Commitments as a result of a change in contractual commitments related to CIP projects. Any other additions to or withdrawals from the CIP reserve require Council action. g) Minimum Level: i) Funds held in the Reserve for Commitments may be counted as part of the CIP Reserve for the purpose of determining compliance with the CIP Reserve minimum guideline level. ii) If, at the end of any fiscal year, the minimum guideline is not met, staff shall present a plan to the City Council to replenish the reserve. The plan shall be delivered by the end of the following fiscal year, and shall, at a minimum, result in the reserve reaching its minimum level by the end of the next fiscal year. For example, if the CIP Reserve is below its minimum level at the end of FY 2017, staff must present a plan by June 30, 2018 to return the reserve to its minimum level by June 30, 2019. In addition, staff may present, and the Council may adopt, an alternative plan that takes longer than one year to replenish the reserve, or that does so in a shorter period of time. h) Maximum Level: If, at any time, the CIP Reserve reaches its maximum level, no funds may be added to this reserve. If there are funds in this reserve in excess of the maximum level staff must propose to transfer these funds to another reserve or return them to ratepayers in the next Financial Plan. Staff may also seek Council approval to hold funds in this reserve in excess of the maximum level, if they are held for a specific future purpose related to the CIP. Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2016 Gas Financial Plan Section 7. Rate Stabilization Reserve Funds may be added to the Rate Stabilization Reserve by action of the City Council and held to manage the trajectory of future year rate increases. Withdrawal of funds from the Rate Stabilization Reserve requires Council action. If there are funds in the Rate Stabilization Reserve at the end of any fiscal year, any subsequent Gas Utility Financial Plan must result in the withdrawal of all funds from this Reserve by the end of the Financial Planning Period. Section 8. Operations Reserve The Operations Reserve is used to manage normal variations in costs and as a reserve for contingencies. Any portion of the Gas Utility’s Fund Balance not included in the reserves described in Section 4-Section 7 above will be included in the Operations Reserve unless this reserve has reached its maximum level as set forth in Section 8 d) below. Staff will manage the Operations Reserve according to the following practices: a) The following guideline levels are set forth for the Operations Reserve. These guideline levels are calculated for each fiscal year of the Financial Planning Period based on the levels of Operations and Maintenance (O&M) and commodity expense forecasted for that year in the Financial Plan. Minimum Level 60 days of O&M and commodity expense Target Level 90 days of O&M and commodity expense Maximum Level 120 days of O&M and commodity expense b) Minimum Level: If, at the end of any fiscal year, the funds remaining in the Operations Reserve are lower than the minimum level set forth above, staff shall present a plan to the City Council to replenish the reserve. The plan shall be delivered within six months of the end of the fiscal year, and shall, at a minimum, result in the reserve reaching its minimum level by the end of the following fiscal year. For example, if the Operations Reserve is below its minimum level at the end of FY 2014, staff must present a plan by December 31, 2014 to return the reserve to its minimum level by June 30, 2015. In addition, staff may present, and the Council may adopt, an alternative plan that takes longer than one year to replenish the reserve. c) Target Level: If, at the end of any fiscal year, the Operations Reserve is higher or lower than the target level, any Financial Plan created for the Gas Utility shall be designed to return the Operations Reserve to its target level by the end of the forecast period. d) Maximum Level: If, at any time, the Operations Reserve reaches its maximum level, no funds may be added to this reserve. Any further increase in the Gas Utility’s Fund Balance shall be automatically included in the Unassigned Reserve described in Section 9, below. Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2016 Gas Financial Plan Section 9. Unassigned Reserve If the Operations Reserve reaches its maximum level, any further additions to the Gas Utility’s Fund Balance will be held in the Unassigned Reserve. If there are any funds in the Unassigned Reserve at the end of any fiscal year, the next Financial Plan presented to the City Council must include a plan to assign them to a specific purpose or return them to the Gas Utility ratepayers by the end of the first fiscal year of the next Financial Planning Period. For example, if there were funds in the Unassigned Reserves at the end of FY 2015, and the next Financial Planning Period is FY 2016 through FY 2020, the Financial Plan shall include a plan to return or assign any funds in the Unassigned Reserve by the end of FY 2016. Staff may present an alternative plan that retains these funds or returns them over a longer period of time. Section 10. Intra-Utility Transfers Between Supply and Distribution Funds The Gas Utility records costs in two separate funds: the Gas Supply Fund and the Gas Distribution Fund. At the end of each fiscal year staff is authorized to transfer an amount equal to the difference between Gas Supply Fund costs and Gas Supply Fund Revenues from the Gas Distribution Fund Operations Reserve to the Gas Supply Fund, or vice versa. Such transfers shall be included in the ordinance closing the budget for the fiscal year. Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2016 Wastewater Collection Financial Plan WASTEWATER COLLECTION UTILITY RESERVES MANAGEMENT PRACTICES The following reserves management practices shall be used when developing the Wastewater Collection Utility Financial Plan: Section 1. Definitions e) “Financial Planning Period” – The Financial Planning Period is the range of future fiscal years covered by the Financial Plan. For example, if the Financial Plan delivered in conjunction with the FY 2015 budget includes projections for FY 2015 to FY 2019, FY 2015 to FY 2019 would be the Financial Planning Period. f) “Fund Balance” – As used in these Reserves Management Practices, Fund Balance refers to the Utility’s Unrestricted Net Assets. g) “Net Assets” - The Government Accounting Standards Board defines a Utility’s Net Assets as the difference between its assets and liabilities. h) “Unrestricted Net Assets” - The portion of the Utility’s Net Assets not invested in capital assets (net of related debt) or restricted for debt service or other restricted purposes. Section 2. Reserves The Wastewater Collection Utility’s Fund Balance is reserved for the following purposes: c) For existing contracts, as described in Section 3 (Reserve for Commitments) d) For operating and capital budgets re-appropriated from previous years, as described in Section 4 (Reserve for Re-appropriations) e) For cash flow management and contingencies related to the Wastewater Collection Utility’s Capital Improvement Program (CIP), as described in Section 5 (CIP Reserve) f) For rate stabilization, as described in Section 6 (Rate Stabilization Reserve) g) For operating contingencies, as described in Section 7 (Operations Reserve) h) Any funds not included in the other reserves will be considered Unassigned Reserves and shall be returned to ratepayers or assigned a specific purpose as described in Section 8 (Unassigned Reserves). Section 3. Reserve for Commitments At the end of each fiscal year the Reserve for Commitments will be set to an amount equal to the total remaining spending authority for all contracts in force for the Wastewater Collection Utility at that time. Section 4. Reserve for Re-appropriations At the end of each fiscal year the Reserve for Re-appropriations will be set to an amount equal to the amount of all remaining capital and non-capital budgets, if any, that will be re- appropriated to the following fiscal year in accordance with Palo Alto Municipal Code Section 2.28.090. Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2016 Wastewater Collection Financial Plan Section 5. CIP Reserve The CIP Reserve is used to manage cash flow for capital projects and acts as a reserve for capital contingencies. Staff will manage the CIP Reserve according to the following practices: i) The following guideline levels are set forth for the CIP Reserve. These guideline levels are calculated for each fiscal year of the Financial Planning Period based on the levels of CIP expense budgeted for that year. Minimum Level 12 months of budgeted CIP expense Maximum Level 24 months of budgeted CIP expense j) Changes in Reserves: Staff is authorized to transfer funds between the CIP Reserve and the Reserve for Commitments when funds are added or removed from to that reserve as a result of a change in contractual commitments related to CIP projects. Any other additions to or withdrawals from the CIP reserve require Council action. k) Minimum Level: i) Funds held in the Reserve for Commitments may be counted as part of the CIP Reserve for the purpose of determining compliance with the CIP Reserve minimum guideline level. ii) If, at the end of any fiscal year, the minimum guideline is not met, staff shall present a plan to the City Council to replenish the reserve. The plan shall be delivered by the end of the following fiscal year, and shall, at a minimum, result in the reserve reaching its minimum level by the end of the next fiscal year. For example, if the CIP Reserve is below its minimum level at the end of FY 2017, staff must present a plan by June 30, 2018 to return the reserve to its minimum level by June 30, 2019. In addition, staff may present, and the Council may adopt, an alternative plan that takes longer than one year to replenish the reserve, or that does so in a shorter period of time. l) Maximum Level: If, at any time, the CIP Reserve reaches its maximum level, no funds may be added to this reserve. If there are funds in this reserve in excess of the maximum level staff must propose to transfer these funds to another reserve or return them to ratepayers in the next Financial Plan. Staff may also seek City Council to approve holding funds in this reserve in excess of the maximum level if they are held for a specific future purpose related to the CIP. Section 6. Rate Stabilization Reserve Funds may be added to the Rate Stabilization Reserve by action of the City Council and held to manage the trajectory of future year rate increases. Withdrawal of funds from the Rate Stabilization Reserve requires Council action. If there are funds in the Rate Stabilization Reserve at the end of any fiscal year, any subsequent Wastewater Collection Utility Financial Plan must result in the withdrawal of all funds from this Reserve by the end of the Financial Planning Period. Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2016 Wastewater Collection Financial Plan Section 7. Operations Reserve The Operations Reserve is used to manage normal variations in costs and as a reserve for contingencies. Any portion of the Wastewater Collection Utility’s Fund Balance not included in the reserves described in Section 3-Section 6 above will be included in the Operations Reserve unless this reserve has reached its maximum level as set forth in Section 7(d) below. Staff will manage the Operations Reserve according to the following practices: e) The following guideline levels are set forth for the Operations Reserve. These guideline levels are calculated for each fiscal year of the Financial Planning Period based on the levels of Operations and Maintenance (O&M) and commodity expense forecasted for that year in the Financial Plan. Minimum Level 60 days of O&M and commodity expense Target Level 105 days of O&M and commodity expense Maximum Level 150 days of O&M and commodity expense f) Minimum Level: If, at the end of any fiscal year, the funds remaining in the Operations Reserve are lower than the minimum level set forth above, staff shall present a plan to the City Council to replenish the reserve. The plan shall be delivered within six months of the end of the fiscal year, and shall, at a minimum, result in the reserve reaching its minimum level by the end of the following fiscal year. For example, if the Operations Reserve is below its minimum level at the end of FY 2014, staff must present a plan by December 31, 2014 to return the reserve to its minimum level by June 30, 2015. In addition, staff may present, and the Council may adopt, an alternative plan that takes longer than one year to replenish the reserve. g) Target Level: If, at the end of any fiscal year, the Operations Reserve is higher or lower than the target level, any Financial Plan created for the Wastewater Collection Utility shall be designed to return the Operations Reserve to its target level within four years. h) Maximum Level: If, at any time, the Operations Reserve reaches its maximum level, no funds may be added to this reserve. Any further increase in the Wastewater Collection Utility’s Fund Balance shall be automatically included in the Unassigned Reserve described in Section 8, below. Section 8. Unassigned Reserve If the Operations Reserve reaches its maximum level, any further additions to the Wastewater Collection Utility’s Fund Balance will be held in the Unassigned Reserve. If there are any funds in the Unassigned Reserve at the end of any fiscal year, the next Financial Plan presented to the City Council must include a plan to assign them to a specific purpose or return them to the Wastewater Collection Utility ratepayers by the end of the first fiscal year of the next Financial Planning Period. For example, if there were funds in the Unassigned Reserves at the end of FY 2015, and the next Financial Planning Period is FY 2016 through FY 2020, the Financial Plan shall include a plan to return or assign any funds in the Unassigned Reserve by the end of FY 2016. Staff may present an alternative plan that retains these funds or returns them over a longer period of time. Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2016 Water Financial Plan WATER UTILITY RESERVES MANAGEMENT PRACTICES The following reserves management practices shall be used when developing the Water Utility Financial Plan: Section 1. Definitions i) “Financial Planning Period” – The Financial Planning Period is the range of future fiscal years covered by the Financial Plan. For example, for the Water Utility Financial Plan delivered in conjunction with the FY 2015 budget, FY 2015 to FY 2021 is the Financial Planning Period. j) “Fund Balance” – As used in these Reserves Management Practices, Fund Balance refers to the Utility’s Unrestricted Net Assets. k) “Net Assets” - The Government Accounting Standards Board defines a Utility’s Net Assets as the difference between its assets and liabilities. l) “Unrestricted Net Assets” - The portion of the Utility’s Net Assets not invested in capital assets (net of related debt) or restricted for debt service or other restricted purposes. Section 2. Reserves The Water Utility’s Fund Balance is reserved for the following purposes: i) For existing contracts, as described in Section 3 (Reserve for Commitments) j) For operating and capital budgets re-appropriated from previous years, as described in Section 4 (Reserve for Re-appropriations) k) For cash flow management and contingencies related to the Water Utility’s Capital Improvement Program (CIP), as described in Section 5 (CIP Reserve) l) For rate stabilization, as described in Section 6 (Rate Stabilization Reserve) m) For operating contingencies, as described in Section 7 (Operations Reserve) n) Any funds not included in the other reserves will be considered Unassigned Reserves and shall be returned to ratepayers or assigned a specific purpose as described in Section 8 (Unassigned Reserves). Section 3. Reserve for Commitments At the end of each fiscal year the Reserve for Commitments will be set to an amount equal to the total remaining spending authority for all contracts in force for the Water Utility at that time. Section 4. Reserve for Re-appropriations At the end of each fiscal year the Reserve for Re-appropriations will be set to an amount equal to the amount of all remaining capital and non-capital budgets, if any, that will be re- appropriated to the following fiscal year in accordance with Palo Alto Municipal Code Section 2.28.090. Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2016 Water Financial Plan Section 5. CIP Reserve The CIP Reserve is used to manage cash flow for capital projects and acts as a reserve for capital contingencies. Staff will manage the CIP Reserve according to the following practices: m) The following guideline levels are set forth for the CIP Reserve. These guideline levels are calculated for each fiscal year of the Financial Planning Period based on the levels of CIP expense budgeted for that year. Minimum Level 12 months of budgeted CIP expense Maximum Level 24 months of budgeted CIP expense n) Changes in Reserves: Staff is authorized to transfer funds between the CIP Reserve and the Reserve for Commitments when funds are added or removed from to that reserve as a result of a change in contractual commitments related to CIP projects. Any other additions to or withdrawals from the CIP reserve require Council action. o) Minimum Level: i) Funds held in the Reserve for Commitments may be counted as part of the CIP Reserve for the purpose of determining compliance with the CIP Reserve minimum guideline level. ii) If, at the end of any fiscal year, the minimum guideline is not met, staff shall present a plan to the City Council to replenish the reserve. The plan shall be delivered by the end of the following fiscal year, and shall, at a minimum, result in the reserve reaching its minimum level by the end of the next fiscal year. For example, if the CIP Reserve is below its minimum level at the end of FY 2017, staff must present a plan by June 30, 2018 to return the reserve to its minimum level by June 30, 2019. In addition, staff may present, and the Council may adopt, an alternative plan that takes longer than one year to replenish the reserve, or that does so in a shorter period of time. p) Maximum Level: If, at any time, the CIP Reserve reaches its maximum level, no funds may be added to this reserve. If there are funds in this reserve in excess of the maximum level staff must propose to transfer these funds to another reserve or return them to ratepayers in the next Financial Plan. Staff may also seek City Council to approve holding funds in this reserve in excess of the maximum level if they are held for a specific future purpose related to the CIP. Section 6. Rate Stabilization Reserve Funds may be added to the Rate Stabilization Reserve by action of the City Council and held to manage the trajectory of future year rate increases. Withdrawal of funds from the Rate Stabilization Reserve requires Council action. If there are funds in the Rate Stabilization Reserve at the end of any fiscal year, any subsequent Water Utility Financial Plan must result in the withdrawal of all funds from this Reserve by the end of the next Financial Planning Period. Reserves Management Practices Exhibit 8 to Attachment A Updated by Council with the adoption of the FY 2016 Water Financial Plan Section 7. Operations Reserve The Operations Reserve is used to manage normal variations in costs and as a reserve for contingencies. Any portion of the Water Utility’s Fund Balance not included in the reserves described in Section 3-Section 6 above will be included in the Operations Reserve unless this reserve has reached its maximum level as set forth in Section 7(d) below. Staff will manage the Operations Reserve according to the following practices: i) The following guideline levels are set forth for the Operations Reserve. These guideline levels are calculated for each fiscal year of the Financial Planning Period based on the levels of Operations and Maintenance (O&M) and commodity expense forecasted for that year in the Financial Plan. Minimum Level 60 days of O&M and commodity expense Target Level 90 days of O&M and commodity expense Maximum Level 120 days of O&M and commodity expense j) Minimum Level: If, at the end of any fiscal year, the funds remaining in the Operations Reserve are lower than the minimum level set forth above, staff shall present a plan to the City Council to replenish the reserve. The plan shall be delivered within six months of the end of the fiscal year, and shall, at a minimum, result in the reserve reaching its minimum level by the end of the following fiscal year. For example, if the Operations Reserve is below its minimum level at the end of FY 2014, staff must present a plan by December 31, 2014 to return the reserve to its minimum level by June 30, 2015. In addition, staff may present, and the Council may adopt, an alternative plan that takes longer than one year to replenish the reserve. k) Target Level: If, at the end of any fiscal year, the Operations Reserve is higher or lower than the target level, any Financial Plan created for the Water Utility shall be designed to return the Operations Reserve to its target level within four years. l) Maximum Level: If, at any time, the Operations Reserve reaches its maximum level, no funds may be added to this reserve. Any further increase in the Water Utility’s Fund Balance shall be automatically included in the Unassigned Reserve described in Section 8, below. Section 8. Unassigned Reserve If the Operations Reserve reaches its maximum level, any further additions to the Water Utility’s Fund Balance will be held in the Unassigned Reserve. If there are any funds in the Unassigned Reserve at the end of any fiscal year, the next Financial Plan presented to the City Council must include a plan to assign them to a specific purpose or return them to the Water Utility ratepayers by the end of the first fiscal year of the next Financial Planning Period. For example, if there were funds in the Unassigned Reserves at the end of FY 2015, and the next Financial Planning Period is FY 2016 through FY 2021, the Financial Plan shall include a plan to return or assign any funds in the Unassigned Reserve by the end of FY 2016. Staff may present an alternative plan that retains these funds or returns them over a longer period of time. City of Palo Alto (ID # 7079) City Council Staff Report Report Type: Informational Report Meeting Date: 8/15/2016 City of Palo Alto Page 1 Summary Title: Model Water Efficient Landscape Ordinance and Urban Forest Master Plan Title: Update on Plan to Integrate California Water Efficient Landscape Requirements With Palo Alto Urban Forest Master Plan From: City Manager Lead Department: Development Services Department Staff and community stakeholders are working to amend Title 8 of the Palo Alto Municipal Code and produce a Companion Tree Technical Manual to implement the Urban Forest Master Plan (UFMP) forest preservation goals, and provide for tree protection, shading, compatibility with surroundings, native habitat goals and prevent loss of tree canopy. These goals are distinct from the irrigation water use efficiency goals mandated by the state, and are best addressed through the City’s Municipal Code, rather than attempting to modify the state’s model water efficiency ordinance. Therefore staff is proceeding to implement the January 19, 2016 Council direction with a different “tool” (Title 8) than originally envisioned (modification of the state model ordinance). This is an Informational Report and no action by Council is required. On January 19, 2016, staff proposed adoption of a local ordinance intended to implement state requirements for water-efficient landscaping by adopting a regional alternative developed under the auspices of the Bay Area Water Supply and Conservation Agency (BAWSCA). Council decided to a) take no action to adopt the water efficient landscape ordinance developed through BAWSCA, electing instead to comply with the mandatory state requirements pending further work to develop a local alternative; b) direct staff to work with internal and external stakeholder groups to craft a local water efficient landscape ordinance that reflects stakeholder and City needs; and c) come back to the City Council with a local ordinance that reflects and integrates state requirements with the Urban Forest Master Plan and the Parks Master Plan. Pursuant to that direction Development Services and the Urban Forestry team met with members from Acterra, Canopy, and Audubon on January 28, 2016. The working group decided that rather than amending the state’s model water efficient landscape ordinance, which would require approval from the Water Resources Board (WRB), we could accomplish the same goals and ensure greater control and flexibility if we focused our efforts on aligning the Urban Forest Master Plan (UFMP) and related documents to the state requirements. Simply put, we could City of Palo Alto Page 2 craft specific language in our city codes that would meet our needs while complying with the state mandates and avoid having to seek approval from the WRB. Following the meeting on January 28, 2016 Development Services and Urban Forestry staff met and identified a plan to move forward that would accomplish both the state’s water efficiency goals and the urban forest preservation goals of the UFMP. Currently the City of Palo Alto requires compliance with Title 8 of Municipal Code, the Tree Technical Manual (designated tree protection policy identified in Title 8), and the Urban Forest Master Plan (City Council adopted policy). The plan going forward to integrate the two includes modifying Title 8 of the Municipal Code as well as developing a Technical Manual that would be spearheaded by the Urban Forestry team. Staff anticipates that modification of Title 8 will result in the need for additional staff time in reviewing development plans and building permits for landscape design which meets MWELO requirements while also integrating identified goals in City of Palo Alto municipal code, policies, and plans. Additional inspections will also be required to insure compliance. Staff will be reviewing fees and process to ensure it is cost neutral and, if necessary, bring forward recommendations, at a future date, to adjust and/or propose new fees to achieve cost neutrality as part of the annual budget process. Additionally, staff anticipates the need for consultant support to develop the technical manual, which will be offset, or partially offset by available funding for implementation of the Urban Forest Master Plan. Any requests for additional resources will be brought forth to Council for budget amendment approval. The new landscape design requirements will address multiple goals including water efficiency, protection of regulated trees, shading of hardscape features, compatibility with existing landscapes, native habitat, and no net loss of tree canopy. For background and reference information the following documents have been attached for your review and reference: Attachment A: 2015 Model Water Efficient Landscape Ordinance compliance, submittals and guidelines Attachment B: The minutes from the City Council meeting on January 19, 2016 Attachment C: ID # 6452 WELO 01/19/16 Attachment D: 01-19-2016 At-Place Memo WELO Attachments: Attachment A: 2015 Model Water Efficient Landscape Ordinance Submittals and Guidelines (PDF) Attachment B: The minutes from the City Council meeting on January 19 2016 (PDF) Attachment C: ID# 6452 WELO 01/19/16 (PDF) Attachment D: 01-19-2016 At Place Memo WELO (PDF) Model Water Efficient Landscape Ordinance – Submittals and Guidelines Page 1 of 7 Model Water Efficient Landscape Ordinance (MWELO) Compliance Submittals and Guidelines City of Palo Alto (CPA) Building Inspection Division 285 Hamilton Ave. Inspection Request: 650 329-2496 Revision Date: 3/16/16 General Requirements/Checklist for: Residential and Commercial Codes Enforced: Model Water Efficient Landscape Ordinance 2015 California Green Building Code 2013 IVR# 249 The information provided in this document is general and intended as a guide only. Each project is unique and additional requirements may be enforced as deemed appropriate. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE COMPLIANCE INSTRUCTIONS: Landscape Ordinance Triggers: The applicability includes residential, commercial, industrial and institutional projects that require a permit, plan check or design review, including the following square footage thresholds: x New development projects that include landscape areas of 500 sq. ft. or more x Rehabilitated projects that include landscape areas of 2500 sq. ft. or more The Model Water Efficient Landscape Ordinance can be found in the following location: http://www.water.ca.gov/wateruseefficiency/landscapeordinance/docs/Title%2023%20extract%20- %20Official%20CCR%20pages.pdf Submit Landscape Documentation Package: 1. Complete all instruction requirements found in this document. 2. Submit all requirements found in the Landscape Documentation Package Checklist with a permit application. There are two pathways for compliance: A. Water Budget Compliance Pathway (See Page 2) B. Prescriptive Compliance Pathway Appendix D (See Page 3) (Note: This is a streamlined compliance pathway available only to projects with a landscaped area less than 2,500 square feet) 3. Pay the fee associated with Water Efficient Landscape Review and Inspection. 4. Receive approval to begin work. Inspection: Note: The inspection requirements are the same for the Water Budget Compliance Pathway and the Prescriptive Compliance Pathway Appendix D 1. Call 650 329-2496 to schedule a Landscape Inspection. 2. Follow the Water Efficient Landscape Inspection Checklist (See page 6). 3. Projects must submit a copy of the “Certificate of Installation” (See page 7) and submit all required submittals shown on the certificate to the project owner. CITY OF PALO ALTO DEVELOPMENT SERVICES Attachment A Model Water Efficient Landscape Ordinance – Submittals and Guidelines Page 2 of 7 Landscape Documentation Package Submittal Checklist Water Budget Compliance Pathway When a landscape project triggers the Model Water Efficient Landscape Ordinance (Title 23, Chapter 2.7), the follow items must be included as part of the Landscape Documentation Package (Section 492.3) in order to be considered complete and ready for Water Efficient Landscape Review. Project Information Worksheet/Certificate of Completion of the Landscape Package (In accordance with §492.3) Applicants shall complete the Project Information Worksheet (in accordance with §492.3) and shall paste this on either the GB-2 sheet or on the Landscape Plans. Water Efficient Landscape Worksheet (In accordance with §492.4) Applicants shall complete the Water Efficient Landscape Worksheet using the link below (In accordance with §492.4) and shall paste this on either the GB-2 sheet or on the Landscape Plans. Submit the Landscape Documentation Package with the building permit application. a. NOTE: An example of the worksheet is included in this document. The applicant must use the water budget calculator found at the Department of Water Resources webpage: http://www.water.ca.gov/wateruseefficiency/landscapeordinance/ Soil Management Report (In accordance with §492.5) Applicants shall prepare a soil management report (In accordance with §492.5) and shall submit as part of the Plan Review requirements. Landscape Design Plan (In accordance with §492.6) A Landscape Design Plan shall be submitted and must meet all requirements outlined in §492.6. The Landscape Design Plan must 1) contain the following statement “I have complied with the criteria of the Model Water Efficient Landscape Ordinance and have applied them for the efficient use of water in the landscape design plan” and 2) shall bear the signature of a licensed landscape architect or licensed landscape contractor. Irrigation Design Plan (In accordance with §492.7) An Irrigation Design Plan shall be submitted and must meet all requirements outlined in §492.7. The Irrigation Design Plan must 1) contain the following statement “I have complied with the criteria of the Model Water Efficient Landscape Ordinance and have applied them for the efficient use of water in the Irrigation Design Plan” and 2) shall bear the signature of a licensed landscape architect, certified irrigation designer, or licensed landscape contractor. Grading Design Plan (In accordance with §492.8) A Grading Design Plan shall be submitted and must meet all requirements outlined in §492.8. The Grading Design Plan must 1) contain the following statement “I have complied with the criteria of the Model Water Efficient Landscape Ordinance and have applied them for the efficient use of water in the Grading Design Plan” and 2) shall bear the signature of a licensed civil engineer. NOTE: A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies the requirement outlined in §492.8. However, the statement above must be shown. Model Water Efficient Landscape Ordinance – Submittals and Guidelines Page 3 of 7 Landscape Documentation Package Submittal Checklist Prescriptive Compliance Pathway Appendix D Note: This is a streamlined compliance pathway available only to projects with a landscaped area less than 2,500 square feet. When a landscape project triggers the Model Water Efficient Landscape Ordinance (Title 23, Chapter 2.7), the follow items must be included as part of the Landscape Documentation Package (Section 492 – Appendix D) in order to be considered complete and ready for Water Efficient Landscape Review. Project Information Worksheet/Certificate of Completion of the Landscape Package (In accordance with §492.3) Applicants shall complete the Project Information Worksheet (in accordance with §492.3) and shall paste this on either the GB-2 sheet or on the Landscape Plans. Landscape Design Plan (In accordance with §492.6) A Landscape Design Plan shall be submitted and must meet all requirements outlined in Chapter 2.7 Model Water Efficient Landscape Ordinance Appendix D . The Landscape Design Plan must 1) contain the following statement “I have complied with the criteria of the Model Water Efficient Landscape Ordinance Appendix D Prescriptive Requirements and have applied them for the efficient use of water in the landscape design plan” and 2) shall bear the signature of a licensed landscape architect or licensed landscape contractor. Model Water Efficient Landscape Ordinance – Submittals and Guidelines Page 4 of 7 CERTIFICATE OF COMPLETION OF THE LANDSCAPE DOCUMENTATION PACKAGE This certificate is filled out by the project applicant upon completion of the Landscape Documentation Package. PART 1. PROJECT INFORMATION SHEET Date Project Name Name of Project Applicant Telephone No. Fax No. Title Email Address Company Street Address City State Zip Code Project Address and Location: Street Address Parcel, tract or lot number, if available. City Latitude/Longitude (optional) State Zip Code Project Landscape Information: Total Landscaped Area (square feet) Project Type (select all that apply): New Rehabilitated Public Private Cemetery Homeowner-installed Water Supply Type: Potable Recycled Well Property Owner or his/her designee: Name Telephone No. Fax No. Title Email Address Company Street Address City State Zip Code Property Owner “I/we certify that I/we have received copies of all the documents within the Landscape Documentation Package and the Certificate of Completion and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule.” ______________________________________________________________________________ Property Owner Signature Date FOR OFFICIAL USE ONLY: Please answer the questions below: 1. Date the Landscape Documentation Package was submitted to the local agency_____________ 2. Date the Landscape Documentation Package was approved by the local agency_____________ 3. Date that a copy of the Water Efficient Landscape Worksheet (including the Water Budget Calculation) was submitted to the local water purveyor_____________ Model Water Efficient Landscape Ordinance – Submittals and Guidelines Page 5 of 7 EXAMLPE WATER EFFICIENT LANDSCAPE WORKSHEET This is an example worksheet to be filled project applicant and it is a required element of the Landscape Documentation Package. The applicant must use the water budget calculator found at the Department of Water Resources webpage: http://www.water.ca.gov/wateruseefficiency/landscapeordinance/ Reference Evapotranspiration (ETo) ____________ Hydrozone # /Planting Description Plant Factor (PF) Irrigation Methodb Irrigation Efficiency (IE)c ETAF (PF/IE) Landscape Area (sq, ft,) ETAF x Area Estimated Total Water Use (ETWU)e Regular Landscape Areas Totals (A) (B) Special Landscape Areas 1 1 1 Totals (C) (D) ETWU Total Maximum Allowed Water Allowance (MAWA)e aHydrozone #/Planting Description E.g 1.) front lawn 2.) low water use plantings 3.) medium water use planting bIrrigation Method cIrrigation Efficiency overhead spray 0.75 for spray head or drip 0.81 for drip dETWU (Annual Gallons Required) = Eto x 0.62 x ETAF x Area where 0.62 is a conversion factor that converts acre-inches per acre per year to gallons per square foot per year. eMAWA (Annual Gallons Allowed) = (Eto) ( 0.62) [ (ETAF x LA) + ((1- ETAF) x SLA)] where 0.62 is a conversion factor that converts acre-inches per acre per year to gallons per square foot per year, LA is the total landscape area in square feet, SLA is the total special landscape area in square feet, and ETAF is .55 for residential areas and 0.45 for non- residential areas. Model Water Efficient Landscape Ordinance – Submittals and Guidelines Page 6 of 7 Water Efficient Landscape Inspection Checklist 1. Inspector shall request to see a copy of the following submittals: “Certificate of Installation According to the Landscape Documentation Package”(See Page 6) Irrigation Controller: o The inspector shall review the landscape submittals to verify that the controller contains either a weather or soil moisture based system. NOTE: The applicant must certify that the following have been submitted to the project owner. These are not required submittals for the inspection. IRRIGATION SCHEDULING Parameters for setting the irrigation schedule on controller per ordinance Section 492.10. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Schedule of Landscape and Irrigation Maintenance per ordinance Section 492.11. LANDSCAPE IRRIGATION AUDIT REPORT Landscape Irrigation Audit Report per ordinance Section 492.12. To be completed by a third party. 2. Inspector shall field verify the following: Irrigation Meter: o The inspector shall verify that a separate irrigation meter has been installed as shown on the landscape plans. Applicant should contact Utilities for any questions related to installation. Irrigation Controller: o The inspector shall review the landscape submittals to verify that the controller contains either a weather or soil moisture based system. o The inspector shall review digital irrigation schedule to verify that the irrigation has been scheduled for times between 8:00 p.m. and 10:00 a.m. only. o The inspector shall field verify that a weather or soil moisture based controller has been installed (as shown in the landscape submittal). Model Water Efficient Landscape Ordinance – Submittals and Guidelines Page 7 of 7 CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE DOCUMENTATION PACKAGE (Submit during Landscape Inspection) I/we certify that based upon periodic site observations, the work has been completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package. I/we certify that the standards within the Palo Alto Tree Technical Manual have been satisfied. Further, I/we certify that the following have been submitted to the project owner: IRRIGATION SCHEDULING Parameters for setting the irrigation schedule on controller per ordinance Section 492.10. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Schedule of Landscape and Irrigation Maintenance per ordinance Section 492.11. LANDSCAPE IRRIGATION AUDIT REPORT Landscape Irrigation Audit Report per ordinance Section 492.12. To be completed by a third party. Signature* Date Name (print) Telephone No. Fax No. Title Email Address License No. or Certification No. Company Street Address City State Zip Code *Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor. CITY OF PALO ALTO CITY COUNCIL ACTION MINUTES Page 1 of 7 Special Meeting January 19, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:00 P.M. Present: Berman, Burt, DuBois, Filseth arrived at 5:05 P.M., Holman, Kniss arrived at 7:20 P.M., Scharff, Schmid arrived at 5:05 P.M., Wolbach arrived at 5:02 P.M. Absent: Closed Session 1.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Keene, Molly Stump, Suzanne Mason, Dania Torres Wong, and Alison Hauk) Employee Organizations: Palo Alto Police Officers Association (PAPOA); Palo Alto Police Managers’ Association (PAPMA); Palo Alto Fire Chiefs’ Association (FCA); International Association of Fire Fighters (IAFF),Local 1319; Service Employees International Union (SEIU), Local 521; Management, Professional and Confidential Employees; Utilities Management and Professional Association of Palo Alto (UMPAPA) Authority: Government Code Section 54957.6(a). MOTION: Council Member Wolbach moved, seconded by Council Member Berman to go into Closed Session. MOTION PASSED: 6-0 Filseth, Kniss, Schmid absent Council went into Closed Session at 5:04 P.M. Council returned from Closed Session at 6:10 P.M. Mayor Burt announced no reportable action. Attachment B ACTION MINUTES Page 2 of 7 City Council Meeting Action Minutes: 1/19/16 Agenda Changes, Additions and Deletions None. Minutes Approval 2. Approval of Action Minutes for the January 4, 2016 Council Meeting. MOTION: Vice Mayor Scharff moved, seconded by Council Member DuBois to approve the Action Minutes for the January 4, 2016 Council Meeting. MOTION PASSED: 8-0 Kniss absent Consent Calendar MOTION: Council Member DuBois moved, seconded by Council Member Berman to approve Agenda Item Number 3. 3. Adoption of an Ordinance Amending Palo Alto Municipal Code Chapter 4.60 (Business Registration Program) to Exempt Very Small Businesses, Very Small Non-Profits, and Religious Organizations With no Ancillary Business on Site From the Business Registration Program, and Review of Policy and Services Committee Recommended Updates to Enforcement Approach and Questionnaire. MOTION PASSED: 8-0 Kniss absent Action Items 4. Approval of a Request for Proposal (RFP) for the Sale of 2,500 Square Feet of Transferrable Development Rights for the Sea Scout Building (Without Parking Exemption) and Direction to Amend the Lease Between the City and the Environmental Volunteers to Reflect Updated Obligations Regarding Restroom Construction. MOTION: Vice Mayor Scharff moved, seconded by Council Member Wolbach to: A. Approve the Request for Proposal (RFP) for the sale of 2,500 square feet of Transferrable Development Rights (TDR) from the Sea Scout ACTION MINUTES Page 3 of 7 City Council Meeting Action Minutes: 1/19/16 Building (without inclusion of parking exemptions) at the minimum starting price of $225 per square foot; and B. Authorize the City Manager or his designee to execute and complete the sale of the subject TDR that do not contain “Parking Exemption Rights” to the highest qualified bidder(s), at a price not less than $225 per square foot; and C. Authorize the City Manager or his designee to reimburse the Environmental Volunteers (EV) in the amount of $300,000 from the sale proceeds of the TDR for expenses incurred for the rehabilitation and capital improvement of the Sea Scout Building. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to begin the process of using the Budget Stabilization Reserve to build a restroom at the site.” (New Part D) MOTION PART D RESTATED: Direct Staff to begin the process of building a restroom at the site and identifying a funding source. SUBSTITUTE MOTION: Council Member Filseth moved, seconded by Council Member DuBois to: A. Allocate $300,000 from the Budget Stabilization Reserve to fund this project; and B. Direct Staff to begin the process of building a restroom at the site and identifying a funding source. INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Substitute Motion, “release EV from the construction obligation.” (New Part C) INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in Part B of the Substitute Motion, “direct Staff to begin the process of building a restroom at the site and identifying a funding source” with “direct Staff to work with the Parks and Recreation Commission to identify a funding source and location for a restroom.” ACTION MINUTES Page 4 of 7 City Council Meeting Action Minutes: 1/19/16 SUBSTITUTE MOTION AS AMENDED FAILED: 3-5 DuBois, Filseth, Schmid yes, Kniss absent INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in Part D of the Motion, “direct Staff to begin the process of building a restroom at the site and identifying a funding source” with “direct Staff to work with the Parks and Recreation Commission to identify a funding source and location for a restroom.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “amend Section IXB of the Lease between the City of Palo Alto and EV to release EV from the development and construction obligations of building a public restroom in the Baylands Parkland and authorize the City to assume and manage the construction of the public restroom.” (New Part E) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “reduce the payment from EV to the City for the cost of construction of the public restroom from $75,000 to $35,000.” (New Part F) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return to Council at a later date regarding sale price and the use of any excess funding above $300,000.” (New Part G) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part G of the Motion with, “direct Staff to transfer any excess funds to EV for the maintenance of the building if allowed by the TDR Ordinance, or if not allowable transfer the funds to a historic renovation fund.” MOTION AS AMENDED PASSED: 8-0 Kniss absent 5. PUBLIC HEARING: Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor’s Executive Order B-29-15. Public Hearing opened at 7:44 P.M. ACTION MINUTES Page 5 of 7 City Council Meeting Action Minutes: 1/19/16 Public Hearing closed at 7:49 P.M. MOTION: Council Member Holman moved, seconded by Council Member DuBois to: A. Take no action on the proposed emergency Ordinance; and B. Direct Staff to return at the earliest possible time after convening a stakeholder group made up of groups such as Canopy, Acterra, Audubon, and after discussions with the Parks and Recreation Commission and relevant City Staff including Urban Forester and Arborist; and C. Conduct review processes keeping the Urban Forest Master Plan and the Parks Master Plan as part of input consideration. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B, “with an Ordinance” after “earliest possible time.” MOTION AS AMENDED PASSED: 9-0 Council took a break from 8:05 P.M. to 8:16 P.M. 6. Joint Session With the Citizens Advisory Committee for the Comprehensive Plan Update: Introduction to the Comprehensive Plan Update Draft Environmental Impact Report & Review of Next Steps in the Planning Process. Council Member Kniss left the meeting at 10:54 P.M. MOTION: Council Member DuBois moved, seconded by Council Member Holman to: A. Direct Staff to present an updated schedule of Citizens Advisory Committee for the Comprehensive Plan Update (CAC) and Council meetings relating to the Comprehensive Plan Update, as soon as possible with check ins in April, May and September with a goal of delving into key decision areas on job and population growth assumptions, growth management, traffic, and a final Draft Environmental Impact Report (DEIR); and ACTION MINUTES Page 6 of 7 City Council Meeting Action Minutes: 1/19/16 B. Direct Staff to move forward with a Draft Environmental Impact Report (DEIR) of various scenarios, replacing Scenario Four “Sustainability Tested” with a scenario which shifts the jobs/housing balance by limiting office expansion and replacing some commercial use with housing. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part B of the Motion with, “direct Staff to move forward with a Draft Environmental Impact Report (DEIR) of various scenarios, adding a fifth scenario which shifts the jobs/housing balance by limiting office expansion and replacing some commercial use with housing.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part A, “as Action Items” after “May and September.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part A of the Motion with, “direct Staff to come to the City Council Retreat with a more definitive schedule of when the variety of issues discussed this evening will be scheduled for Council consideration.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace Part B of the Motion with, “direct Staff to return to Council with the DEIR as well as a possible fifth scenario which lowers the jobs/housing ratio and the implications that will have on the timing and process of completing the Comprehensive Plan Update.” AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “Council empowers the Citizens Advisory Committee for the Comprehensive Plan Update (CAC) if it so chooses to establish small sub-committee meetings that do not require Staff support.” AMENDMENT WITHDRAWN BY THE MAKER MOTION AS AMENDED PASSED: 8-0 Kniss absent MOTION: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “council empowers the Citizens Advisory Committee for the Comprehensive Plan Update (CAC) if it so chooses to establish small sub-committee meetings that do not require Staff support.” ACTION MINUTES Page 7 of 7 City Council Meeting Action Minutes: 1/19/16 MOTION FAILED DUE TO THE LACK OF A SECOND Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements None. Adjournment: The meeting was adjourned at 12:07 A.M. City of Palo Alto (ID # 6452) City Council Staff Report Report Type: Action Items Meeting Date: 1/19/2016 City of Palo Alto Page 1 Summary Title: Updates to the Water Efficient Landscape Ordinance Title: Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor’s Executive Order B-29-15 From: City Manager Lead Department: Development Services Department Recommended Motion Staff recommends that Council consider the following motion: Adopt as an emergency ordinance the Palo Alto Water Efficient Landscape Ordinance (Attachment A), based on the Bay Area Water Supply and Conservation Agency (BAWSCA) regional ordinance and reflecting recommendations developed by the Green Building Advisory Group. Recommendation Staff recommends that Council conduct a public hearing and then adopt the attached emergency ordinance (Attachment A) containing updates to the Palo Alto Water Efficient Landscape Ordinance. Executive Summary The proposed ordinance would continue the City’s leadership position in promoting water efficient landscape design. All cities are required to either adopt the State Department of Water Resources (DWR) Model Water Efficient Landscape Ordinance (MWELO) or adopt a local or regional ordinance that is at least as effective as the DWR model ordinance in terms of saving water. Palo Alto has elected to adopt an ordinance based on a regional template ordinance Attachment C City of Palo Alto Page 2 developed by the Bay Area Water Supply and Conservation Agency (BAWSCA) due to the opportunity for consistent regional enforcement, augmented water efficiency opportunities, and simplified compliance option. The ordinance differs slightly from the BAWSCA template because it incorporates recommendations from the Green Building Advisory Group (GBAG). The ordinance would require all landscape projects in Palo Alto to comply with increased water efficiency requirements. Staff is also proposing a permit process to enable landscape projects to be permitted separately from the building permit. Given the serious an ongoing nature of the drought and the mandate to adopt an updated Water Efficient Landscape Ordinance by February 1, 2016, staff is recommending that the new regulations be adopted as an emergency ordinance pursuant to Palo Alto Municipal Code 2.04.270(d). Background Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15) directed the Department of Water Resources (DWR) to update the 2010 State Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation in order to address the current four year drought and build resiliency for future droughts. The California Water Commission approved the revised MWELO Ordinance on July 15, 2015. The executive order requires all land-use agencies, such as cities and counties, to adopt a water-efficient landscape ordinance that, at minimum, meets the requirements of the MWELO prepared by DWR. By default, the DWR’s model ordinance becomes effective in those cities and counties that fail to adopt their own. Cities acting on their own are required to adopt their local version of the updated Water Efficient Landscape Ordinance by December 1, 2015. However, agencies adopting a regional ordinance have a deadline of February 1, 2016. Staff is recommending the adoption of a regional ordinance with some modifications. The City of Palo Alto Development Services department participated in a working group organized by the Bay Area Water Supply and Conservation Agency (BAWSCA) to draft a template regional model ordinance based on the MWELO. Staff participated in this working group with the intent to adopt the regional ordinance. The Palo Alto Green Building Advisory (GBAG) has recommended additional measures that are reflected in the proposed ordinance. These additional measures will allow the Palo Alto ordinance to be more effective than City of Palo Alto Page 3 the DWR ordinance in terms of saving water. Staff recommends that City Council approve and adopt the version of the regional ordinance incorporating the GBAG recommendations. Changes from the BAWSCA template are noted by underline or strike-through in Attachment A. Discussion The major changes in the 2015 Department of Water Resources State Model Water Efficient Landscape Ordinance (MWELO) compared to the 2010 update are described below, along with the BAWSCA amendments and the Green Building Advisory recommendations. The proposed Palo Alto Water Efficient Landscape Ordinance, which includes the base MWELO, BAWSCA modifications, and recommendations from the Green Building Advisory Group shall be referred to as the “proposed landscape ordinance”. The 2015 Model Water Efficient Landscape Ordinance reduces the size threshold subject to the WELO ordinance from 2,500 square feet of landscaping to 500 square feet of landscaping for both new commercial and residential property. For rehabilitated landscapes, a 2,500 square foot size would trigger the requirement. BAWSCA lowered the project threshold for rehabilitated landscapes to 1,000 square feet. However, the Palo Alto Green Building Advisory Group recommended that these requirements for both new and rehabilitated landscapes apply to any landscape, regardless of size. Therefore, staff has included the trigger of any landscape size in the proposed landscape ordinance. The proposed landscape ordinance provides for a simplified “planting restrictions” compliance option or a more detailed “water budget calculation compliance” option. The “planting restrictions” option restricts projects from using turf or high-water using plants. In addition, at least 80% of the plants selected must be native plants, low-water using plants, or no-water using plants. The “water budget calculation compliance” option requires projects to submit a detailed calculation worksheet demonstrating that the project has designed to a particular water usage rate on an annual basis. This type of calculation is typically prepared by a landscape architect. Within the proposed landscape ordinance, the maximum applied water allowance (MAWA) has been lowered from 70% of the reference evapotranspiration (ETo) to City of Palo Alto Page 4 55% for residential landscape projects, and to 45% of ETo for non-residential projects. This water allowance reduces the landscape area that can be planted with high water use plants such as cool season turf. The proposed landscape ordinance allows the irrigation efficiency to be entered for each area of the landscape when pursuing the “water budget calculation” option. The site-wide irrigation efficiency of the previous ordinance (2010) was 0.71; for the purposes of estimating total water use, the revised MWELO defines the irrigation efficiency (IE) of drip irrigation as 0.81 and overhead irrigation and other technologies must meet a minimum IE of 0.75. The proposed landscape ordinance introduces the option to irrigate with greywater. This option reduces demands on potable water supplies, and decreases the total volume of potable water usage that is factored into the overall site water budget. The proposed landscape ordinance also includes expanded definitions section with new terms and concepts. Starting in February of 2016, the State will require cities to submit annual reports on compliance and enforcement of the WELO to DWR. DWR will require staff to submit project information and water use information for landscape projects permitted within the City of Palo Alto. Permit Process As part of the proposed landscape ordinance, staff is recommending a separate permit process to track and manage these new requirements. The landscape permit would be triggered when a building permit is issued and landscaping is included in the scope of the project. In addition, the permit process will enable staff to efficiently track the Department of Water Resources (DWR) annual reporting requirements as described earlier in this staff report. One function of the landscape permit is to provide for a quality customer service experience for project applicants. Since landscaping is typically not completed at the time of building permit final inspection, the landscape permit would enable a building permit holder to receive a final building inspection prior to the landscaping being completed. The separate permit process would require the permit holder to call for a final landscape inspection when the landscaping scope has been completed. The submittal and documentation requirements for compliance during plan check and inspection are outlined the proposed ordinance and associated City of Palo Alto Page 5 attachments. During plan check, landscape project applicants will be required to submit a project information sheet along with a set of plans that reflect the landscape design and the irrigation design. The project applicant will also be required to fill out either a water efficiency checklist or provide water budget calculations on the plans. In addition, the applicant will be required to provide either a grading design plan or complete a grading design survey. The project will be required to submit a Certificate of Completion as a declaration that all water efficient requirements have been incorporated into the permit plans. During the inspection phase, a City inspector will be required to field-verify that the water efficient irrigation system has been installed as shows on the permit plans. The inspector will also confirm that irrigation controllers are installed. If required, the inspector will also check to ensure that a dedicated irrigation water meter has been successfully installed on the project site. The project will be required to submit a Certificate of Installation from the installing contractor confirming that all water efficient requirements were fulfilled as shown on the project plans. Development Services staff uses the Accela Automation software to track permits, plan checks, and inspections. To manage the landscape permit, staff will develop a new Accela component for the landscape permit. The Accela features that will be used for the permit include creation of a new “landscape permit type” allowing staff to identify and separate the landscape permits from other permits. Staff will also develop a “workflow” in Accela to manage and track plan check and inspection for a positive customer service experience. Staff has estimated the number of anticipated landscape permits based on 50% of average annual amount of new construction and remodel projects submitted to Development Services over the three fiscal years. The estimated number of potential landscape permits has been generated based on average annual building permits issued during Fiscal Years 2013-2015. The average number of building permits issued annually for new residential and new commercial projects equals 150 permits. Staff assumes that 100% of building permits associated with new construction submitted to Development Services contain a landscaping scope of some kind. Therefore, staff estimates a total of 150 permits to be issued on an annual basis. The details containing of the estimated permits can be found in Attachment B.A separate ordinance is being City of Palo Alto Page 6 developed by staff to propose the landscape permit fees. Timeline Given the serious an ongoing nature of the drought and the mandate to adopt an updated Water Efficient Landscape Ordinance by February 1, 2016, staff is recommending that the new regulations be adopted as an emergency ordinance pursuant to Palo Alto Municipal Code 2.04.270(d). Resource Impact The resource impact associated with this ordinance will include a plan check consultant to address the plan checking of these permit applications. The plan check consultant will develop the required annual reporting to the State. Since inspections will be required for each permit application, there will be a need for a staffing increase to accommodate the additional inspections. Sufficient funding is available within the Development Services department’s Fiscal Year 2016 budget, through the use of salary savings and unencumbered contract dollars, to fund additional contract expenses this fiscal year. Any future funding needs will be brought forth as part of the annual budget process subject to council approval. In addition, staff will bring forward recommendations to implement Landscape Review fees to achieve cost neutrality as part of the Fiscal Year 2017 annual budget process. Environmental Review This Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15307 (the activity assures the maintenance, restoration, enhancement, or protection of a natural resource) and Section 15378(b)(2) (the activity is not a project as it involves general policy and procedure making) since it makes and implements policies and procedures to ensure that water resources are conserved by reducing water consumption through the establishment of a structure for planning, designing, installing, maintaining and managing water-efficient landscapes. Attachments: Attachment A - 2015-12-21 (Dev Services)(ORD) Draft Palo Alto-BAWSCA Ordinance FINAL (PDF) Attachment B - Landscape Permit Estimate (PDF) *NOT YET APPROVED* Attachment A 151221 jjs 016-DevServices 1 Ordinance No. ____________ Ordinance of the City Council of the City of Palo Alto Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor’s Executive Order B-29-15 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of Palo Alto. B. The ongoing drought continues to affect water supplies, agriculture, businesses, and communities throughout Palo Alto and the State of California. C. These conditions have led the Governor to declare a state of emergency, most recently in Executive Order B-36-15, the findings of which are hereby adopted and incorporated by reference. D. These conditions have led the California Department of Housing and Community Development and the California Building Standards Commission to adopt Findings of Emergency HCD-EF-01-15 and BSC-EF-02-15, respectively, which are hereby adopted and incorporated by reference. E. The California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance (“Model Ordinance”), has been implemented by a Statewide Landscape Task Force which was overseen by the California Urban Water Conservation Council. The California Water Conservation in Landscaping Act was amended pursuant to AB 2717 (Chapter 682, Stats. 2004) and AB 1881 (Chapter 559, Stats. 2006). F. AB 1881 required cities and counties, no later than January 1, 2010, to adopt the updated Model Ordinance or an equivalent document which is “at least as effective as” the Model Ordinance in conserving water. G. On December 13, 2010, the City Council adopted local amendments to the California Green Building Standards Code that were at least as effective as the Model Ordinance in conserving water (Ordinance No. 5108). H. On April 1, 2015, Governor Brown issued Executive Order B-29-15, which directed State agencies to implement immediate measures to save water, increase 151221 jjs 016-DevServices 2 enforcement against water waste, and streamline government response to ongoing drought conditions. I. Executive Order B-29-15 directed the Department of Water Resources (“DWR”) to update the State Model Ordinance through expedited regulation to increase water efficiency standards for new and existing landscapes through more efficient standards, greywater usage, onsite storm water capture, and limitations of the portions of landscape that can be covered in turf. J. The California Water Commission approved the proposed revisions to the State Model Ordinance on July 15, 2015. K. Local agencies are required to adopt the revised State Model Ordinance or adopt a local or regional ordinance at least as effective in conserving water. L. The City of Palo Alto has developed this Water Efficient Landscaping Ordinance in conjunction with the Bay Area Water Supply and Conservation Agency and other local agencies to meet the requirements and guidelines of the Model Ordinance and to address the unique physical characteristics, including average landscaped areas, within Palo Alto’s jurisdiction in order to ensure that this Ordinance will be “at least as effective as” the Model Ordinance in conserving water. M. Although this Water Efficient Landscaping Ordinance is more streamlined and simplified than the Model Ordinance, this Ordinance is “at least as effective as” the Model Ordinance for the following reasons: 1. This Ordinance applies to more accounts than the Model Ordinance does because it lowers the size threshold for applicable rehabilitated landscapes from 2,500 square feet to 1,000 square feetlandscapes of all sizes, to better reflect the typical landscaped areas located within Palo Alto’s boundaries. 2. This Ordinance includes a default turf restriction of no turf or high water use plants in the irrigated area and requires that at least 80% of the plants in non-turf landscape areas be native plants, low-water using plants, or no-water using plants (unless the applicant elects to perform a water budget). The Model Ordinance does not contain any such default turf restrictions or specified plant requirements. 3. This Ordinance requires covers on newly constructed pools and spas. 4. By using the same water budget parameters as the Model Ordinance (e.g., plant factors, irrigation efficiency), this Ordinance will be 151221 jjs 016-DevServices 3 as effective as the Model Ordinance in developing landscape water budgets. 5. By using the same landscape parameters as the Model Ordinance for, among other things, slope restrictions and width restrictions for turf, irrigation times, and minimum mulch requirements, this Ordinance will be at least as effective as the Model Ordinance in achieving water savings. N. Article X, Section 2 of the California Constitution and Section 100 of the California Water Code declare that the general welfare requires water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof. O. This Ordinance is consistent with the provisions requiring reductions in outdoor water use for landscaping in the California Green Building Standards Code, as amended by the City Council. Such requirements include the development of a water budget for landscape irrigation in accordance with methodology outlined in either the Model Ordinance or pursuant to a locally adopted ordinance. P. The State Legislature has identified the provision of a more reliable water supply and the protection, restoration and enhancement of the Delta ecosystem as a high priority for the state. Pursuant to this, in November 2009, the State Legislature passed Senate Bill 7 (7th Extraordinary Session) requiring certain urban water suppliers to reduce per capita urban water use by 20% by the year 2020. Accordingly, the City Council finds that implementation of this Ordinance is consistent with the policies and goals established by the State Legislature in enacting SB 7 (7th Extraordinary Session). Q. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, policy, sanitary, and other ordinances and regulations not in conflict with general laws. R. The adoption of this Ordinance is separate and distinct from Palo Alto’s adoption of a local ordinance relating to the use of recycled water in outdoor landscapes (Ordinance No. 5002). S. The adoption and enforcement of this Ordinance is necessary to manage Palo Alto’s potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within Palo Alto. This Ordinance is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. 151221 jjs 016-DevServices 4 SECTION 2. Section 12.32.040 (Indoor and outdoor water efficiency) of Chapter 12.32 (Water Use Regulations) of Title 12 (Public Works and Utilities) of the Palo Alto Municipal Code is hereby amended to read as follows: Pursuant to the California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance, Government Code §§ 65591, et seq. as amended, a city is required to adopt the State Landscape Model Ordinance or equivalent local landscape water efficiency requirements that are "at least as effective" as the state ordinance in conserving water. The council has adopted requirements that are at least as effective in reducing landscaping water use, also known as outdoor water use, as well as additional requirements for existing landscapes and indoor water use in Chapter 16.14 (California Green Building Code)Chapter 16.13 (Water Efficient Landscaping). SECTION 3. Chapter 16.13 (Water Efficient Landscaping) is hereby added to Title 16 (Building Regulations) of the Palo Alto Municipal Code to read as follows: WATER EFFICIENT LANDSCAPING Sections: 16.13.010 Applicability 16.13.020 Definitions 16.13.030 Water Efficient Landscaping Requirements 16.13.040 Compliance with Ordinance 16.13.050 Landscape Project Application and Documentation Package 16.13.060 Soil Management Report 16.13.070 Water Budget Calculations 16.13.080 Landscape Design Plan 16.13.090 Irrigation Design Plan 16.13.100 Grading Design Plan 16.13.110 Certificate of Completion 16.13.120 Landscape Audit Report 16.13.130 Irrigation Scheduling 16.13.140 Landscape and Irrigation Maintenance Schedule 16.13.150 Stormwater Management and Rainwater Retention 16.13.160 Recycled Water 16.13.170 Graywater Systems 16.13.180 Provisions for Existing Landscapes 16.13.190 Provisions for Existing Landscapes Over One Acre in Size 16.13.200 Violation and Penalties 16.13.210 Enforcement – Citation Authority 16.13.220 Public Education 151221 jjs 016-DevServices 5 16.13.010 Applicability (a) The provisions of this Chapter shall apply to all of the following landscape projects: (1) New construction projects with an aggregatea landscape area of any sizeequal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review; (2) Rehabilitated landscape projects with an aggregatea landscape area of any sizeequal to or greater than 1,000 square feet requiring a building or landscape permit, plan check, or design review; (3) Existing landscapes limited to Sections 493, 493.1 and 493.2 in Division 2, Title 23 of the California Code of Regulations; all other existing landscapes shall only be subject to the provisions for existing landscapes provided for in Section 16.13.190 ”Provisions for Existing Landscapes Over One Acre in Size”. (4) Cemeteries. New and rehabilitated cemeteries shall only be subject to the provisions of Section 16.13.070 “Water Budget Calculations”, Section 16.13.120 “Landscape Audit Report”, and Section 16.13.140 “Landscape and Irrigation Maintenance Schedule.” Existing cemeteries are limited to Section 16.13.190 ”Provisions for Existing Landscapes Over One Acre in Size”. (b) Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D. (c) For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D section (b)(5). (d) This Chapter does not apply to: New construction with irrigated landscape areas less than 500 square feet, rehabilitated landscapes with irrigated landscape areas less than 1,000 square feet, or landscapes that do not require a building or landscape permit, plan check or design review, or new or expanded water service; (1) Landscapes, or portions of landscapes, that are only irrigated for an establishment period; 151221 jjs 016-DevServices 6 (2) Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation; (3) Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or (4) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms. 16.13.020 Definitions (a) “applied water” means the portion of water supplied by the irrigation system to the landscape. (b) “automatic irrigation controller” means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. (c) “backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (d) “Certificate of Completion” means the document required under Section 492.9 of Title 23 of the California Code of Regulations. (e) “certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program. (f) “certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program. (g) “check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. 151221 jjs 016-DevServices 7 (h) “common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. (i) “compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth. (j) “conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year. (k) “distribution uniformity” means the measure of the uniformity of irrigation water over a defined area. (l) “drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (m) “ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. (n) “effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth. (o) “emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil. (p) “established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. (q) “establishment period of the plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. (r) “Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in Section VIII. (s) “ET adjustment factor” (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. 151221 jjs 016-DevServices 8 (t) “evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. (u) “flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. (v) “flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter. (w) “friable” means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. (x) “Fuel Modification Plan Guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. (y) “graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers, as provided in Health and Safety Code Section 17922.12. (z) “hardscapes” means any durable material (pervious and non-pervious). (aa) “hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. (bb) “infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). (cc) “invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. (dd) “irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is 151221 jjs 016-DevServices 9 not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing program. (ee) “irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. (ff) “irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. (gg) “irrigation water use analysis” means an analysis of water use data based on meter readings and billing data. (hh) “landscape architect” means a person who holds a license to practice landscape architecture in the state of California under Business and Professions Code, Section 5615. (ii) “landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). (jj) “landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. (kk) “Landscape Documentation Package” means the documents required under Section IV. (ll) “landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this ordinance, meeting requirements under Section II. (mm) “landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. (nn) “lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. 151221 jjs 016-DevServices 10 (oo) “local agency” means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. (pp) “local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service. (qq) “low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (rr) “low water use plant” means a plant species whose water needs are compatible with local climate and soil conditions. Species classified as "very low water use" and "low water use" by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants. (ss) “main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet. (tt) “master shut-off valve” is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. (uu) “Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section IX. It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)] (vv) “median” is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses. (ww) “microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. (xx) “”microspray” means a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed 30 gallons 151221 jjs 016-DevServices 11 per hour at the largest area of coverage available for the nozzle series when operated at 30 psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets. (yy) “mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (zz) “mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. (aaa) “native plant” means a plant indigenous to a specific area of consideration. For the purposes of these guidelines, the term shall refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community(ies) of the project’s vicinity. (bbb) “new construction” means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. (ccc) “non-residential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas and multifamily homes where landscaping is managed by a homeowners association or other common interest development. (ddd) "no-water using plant" means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established. (eee) “operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. (fff) “overhead sprinkler irrigation systems” or “overhead spray irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors). (ggg) “overspray” means the irrigation water which is delivered beyond the target area. (hhh) “parkway” means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress. (iii) “permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. 151221 jjs 016-DevServices 12 (jjj) “pervious” means any surface or material that allows the passage of water through the material and into the underlying soil. (kkk) “plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the publication “Water Use Classification of Landscape Species”. Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). (lll) “project applicant” means the individual or entity submitting a Landscape Documentation Package required under Section IV, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. (mmm) “rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains. (nnn) “record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. (ooo) “recreational area” means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens. (ppp) “recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled waste water or reused water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption. (qqq) “reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. (rrr) “Regional Water Efficient Landscape Ordinance” means a local Ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to. 151221 jjs 016-DevServices 13 (sss) “rehabilitated landscape” means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1 of Title 23 of the California Code of Regulations, and the modified landscape area is equal to or greater than 2,500 square feet. (ttt) “residential landscape” means landscapes surrounding single family homes or multifamily homes where landscapes are managed by individual homeowners. (uuu) “run off” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. (vvv) “soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. (www) “soil texture” means the classification of soil based on its percentage of sand, silt, and clay. (xxx) “Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water. (yyy) “sprinkler head” or “spray head” means a device which delivers water through a nozzle. (zzz) “static water pressure” means the pipeline or municipal water supply pressure when water is not flowing. (aaaa) “station” means an area served by one valve or by a set of valves that operate simultaneously. (bbbb) “swimming pool” means any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools. (cccc) “swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. (dddd) “submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. (eeee) “turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky 151221 jjs 016-DevServices 14 bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. (ffff) “valve” means a device used to control the flow of water in the irrigation system. (gggg) “water conserving plant species” means a plant species identified as having a very low or low plant factor. (hhhh) “water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. (iiii) “watering window” means the time of day irrigation is allowed. (jjjj) “WUCOLS” means the current version of the Water Use Classification of Landscape Species current edition published by the University of California Cooperative Extension and the Department of Water Resources, available at: http://ucanr.edu/sites/WUCOLS/Download_WUCOLS_IV_List/ 16.13.030 Water Conservation in Landscaping Ordinance Requirements (a) Landscape Permit Required. Any owner or authorized agent who intends to install or modify a landscape subject to the requirements of this Chapter, or to cause such work to be done, shall first make application to the Development Services department and obtain a landscape permit. Landscape permits shall be governed by Section 105 of the California Building Code and local amendments. (b) New Construction and Rehabilitated Landscapes. All owners of new construction and rehabilitated landscapes of applicable sizes shall: (1) complete the Landscape Project Application and Documentation Package described in Section 16.13.050 and (2) comply with the Landscape and Irrigation Maintenance Schedule requirements of Section 16.13.140. (c) Existing Landscapes Over One Acre in Size. All owners of existing landscapes over one acre in size, even if installed before enactment of this Chapter, shall: (1) comply with City of Palo Alto programs that may be instituted relating to irrigation audits, surveys and water use analysis, and (2) shall maintain landscape irrigation facilities to prevent water waste and runoff. 151221 jjs 016-DevServices 15 16.13.040 Compliance with Ordinance. (a) The local agency Chief Building Official or designee shall: (1) Provide the project applicant with the Ordinance and Landscape Project Application and Documentation Package requirements and the procedures for permits, plan checks, design reviews, or new or expanded water service; (2) Review the Landscape Project Application submitted by the project applicant; (3) Approve or deny the project applicant’s Landscape Project Application submittal; (4) Issue or approve a permit, plan check or design review that complies with the approved Landscape Project Application or approve a new or expanded water service application that complies with the approved Landscape Project Application; (5) Submit a copy of the complete Landscape Project Application to the local water purveyor or land use authority, as the case may be. (b) The project applicant shall: (1) Prior to construction, submit all portions of the Landscape Project Application, except the Landscape Audit Report, to the local agency; and (2) Upon approval of the Landscape Project Application by the local agencyCity: (A) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion; (B) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and (C) submit a copy of the Water Efficient Landscape Worksheet to the local water purveyorDevelopment Services department. 16.13.50 Landscape Project Application and Documentation Package (a) The elements of a landscape must be designed to achieve water efficiency and will comply with the criteria described in this Chapter. In completing the Landscape Project Application, project applicants may choose one of two options to demonstrate that the 151221 jjs 016-DevServices 16 landscape meets the Chapter’s water efficiency goals. Regardless of which option is selected, the applicant must complete and comply with all other elements of the Chapter. The options include: (1) Planting restrictions: (A) The landscape areas may include no turf or high-water using plants; and (B) At least 80% of the plants in landscape areas shall be native plants, low-water using plants, or no-water using plants; or the (2) Water Budget Calculation option (Section 16.13.070). (b) The Landscape Project Application shall include the following elements: (1) Project Information; (A) Date (B) Project Applicant (C) Project address (if available, parcel and/or lot numbers) (D) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed) (E) Total landscape area (Square feet) (F) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) Checklist of all documents in Landscape Documentation Package (H) Project contacts to include contact information for the project applicant and property owner (I) Applicant signature and date with statement, “I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package;” (2) Water Budget Calculations, if applicant selects to use a water budget approach rather than comply with the turf area limitations or specified plant type restrictions (Section 16.13.070); 151221 jjs 016-DevServices 17 (3) Soil Management Report or Soil Management Survey (Section 16.13.060); (4) Landscape Design Plans (Section 16.13.080); (5) Irrigation System Design Plans (Section 16.13.090); and (6) Landscape Audit Report (Section 16.13.120); (7) Grading Design Plan or Grading Design Survey (Section 16.13.100). 16.13.060 Soil Management Report In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, or the applicant shall complete a Soil Management Survey (Appendix E). The soil management report shall be completed as follows: (a) Submit soil samples to a laboratory for analysis and recommendations. (1) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (2) The soil analysis shall include: (A) soil texture; (B) infiltration rate determined by laboratory test or soil texture infiltration rate table; (C) pH; (D) total soluble salts; (E) sodium (F) percent organic matter; and (G) recommendations (3) In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots. 151221 jjs 016-DevServices 18 (4) The project applicant, or his/her designee, shall comply with one of the following: (A) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agencyDevelopment Services department as part of the Landscape Documentation Package; or (B) If significant mass grading is planned, the soil analysis report shall be submitted to the local agencyDevelopment Services department as part of the Certificate of Completion. (5) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. (6) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion. 16.13.070 Water Budget Calculations Project applicant may elect to complete a water budget calculation for the landscape project using the Water Efficient Landscape Worksheet in Appendix B. Water budget calculations, if prepared, shall adhere to the following requirements. (a) The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. (b) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. (c) All Special Landscape Areas (SLA) shall be identified and their water use included in the water budget calculations. (d) The reference evapotranspiration adjustment factor (ETAF) for SLA shall not exceed 1.0. The ETAF for all other landscaped areas shall not exceed 0.55 for residential areas and 0.45 for non-residential areas. (e) ETo values from the Reference Evapotranspiration Table in Appendix A shall be used In calculating the Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU). For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference 151221 jjs 016-DevServices 19 Evapotranspiration Zones Map, Department of Water Resources, 1999.For the purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. (f) MAWA shall be calculated using the equation below: MAWA = (ETo) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas MAWA = (ETo) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas Where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) 0.55 = Reference Evapotranspiration Adjustment Factor (ETAF) for residential areas 0.45 = Reference Evapotranspiration Adjustment Factor (ETAF) for non-residential areas LA = Landscape Area including SLA (square feet) 0.45 = Additional Water Allowance for SLA in residential areas 0.55 = Additional Water Allowance for SLA in non-residential areas SLA = Special Landscape Area (square feet) (g) The local agency Chief Building Official or designee or the project applicant may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate the MAWA: (1) MAWA = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas. (2) MAWA = (ETo - EPPT) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas. (h) Estimated Total Water Use (ETWU) will be calculated using the equation below. The sum of the ETWU calculated for all hydrozones will not exceed the MAWA. Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF = Plant Factor from WUCOLS (see Section 491) +=SLAIE HAxPFEToETWU)62.0)(( 151221 jjs 016-DevServices 20 HA = Hydrozone Area [high, medium, and low water use areas] (square feet) 0.75 = Irrigation Efficiency (IE) for overhead spray devices 0.81 = Irrigation Efficiency (IE) for drip system devices SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor 16.13.080 Landscape Design Plan For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (a) Plant Material. (1) Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following: (A) Protection and preservation of native species and natural vegetation (B) selection of water-conserving plant, tree and turf species, especially local native plants; (C) selection of plants based on local climate suitability, disease and pest resistance; (D) selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and (E) selection of plants from local and regional landscape program plant lists. (F) selection of plants from local Fuel Modification Plan Guidelines. (2) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section X (A)(ii)(4)16.13.090(d)(4). (3) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the 151221 jjs 016-DevServices 21 project site. Methods to achieve water efficiency shall include one or more of the following: (A) use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; (B) recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; (C) consider the solar orientation for plant placement to maximize summer share and winter solar gain. (4) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (5) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians. (6) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines. (7) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged. (8) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. (b) Water Features. (1) Recirculating water systems shall be used for water features. (2) Where available, recycled water shall be used as a source for decorative water features. 151221 jjs 016-DevServices 22 (3) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (4) Pool and spa covers are required on any newly constructed pool or spa. (c) Soil Preparation, Mulch and Amendments. (1) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. (2) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section VII). (3) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. (4) A minimum three inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (5) Stabilizing mulching products shall be used on slopes that meet current engineering standards. (6) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement. (7) Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (d) Landscape Design Plan contents. The landscape design plan, at a minimum, shall: (1) delineate and label each hydrozone by number, letter, or other method; 151221 jjs 016-DevServices 23 (2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; (3) identify recreational areas; (4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water; (6) identify type of mulch and application depth; (7) identify soil amendments, type, and quantity; (8) identify type and surface area of water features; (9) identify hardscapes (pervious and non-pervious); (10) identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional Water Quality Control BoardDevelopment Services department for information on any applicable stormwater technical requirements, including but not limited to the requirements of Chapter 16.11. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section XVI16.13.150. (11) identify any applicable rain harvesting or catchment technologies as discussed in Section XVI 16.13.150 and their 24-hour retention or infiltration capacity; (12) identify any applicable graywater discharge piping, system components and area(s) of distribution; (13) contain the following statement: “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan”; and (14) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.). 151221 jjs 016-DevServices 24 16.13.90 Irrigation Design Plan This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (a) Irrigation System. (1) Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq.ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A For the purposes of this requirement, a landscape water meter may be either: (A) a customer service meter dedicated to landscape use provided by the local water purveyorUtilities department; or (B) a privately owned meter or submeter. (2) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems. (3) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance. (A) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. (B) Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not 151221 jjs 016-DevServices 25 available at the design stage, the measurements shall be conducted at installation. (4) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (5) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. (6) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. (7) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger. (8) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features. (9) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. (10) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (11) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (12) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section VIII 16.13.070 regarding the Maximum Applied Water Allowance. (13) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s 151221 jjs 016-DevServices 26 (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. (14) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (15) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. (16) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations. (17) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations. (18) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass. (19) Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur. (20) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (21) Overhead irrigation shall not be permitted within 24 inches of any non- permeable surface. Allowable irrigation within the setback from non- permeable surfaces may include drip, drip line, or other low flow non- spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: (A) the landscape area is adjacent to permeable surfacing and no runoff occurs; or (B) the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or 151221 jjs 016-DevServices 27 (C) the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section X (A)(1)Section 16.13.090(a). Prevention of overspray and runoff must be confirmed during the irrigation audit. (22) Slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (b) Hydrozone. (1) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (2) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (3) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (4) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if: (A) plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or (B) the plant factor of the higher water using plant is used for calculations. (5) Individual hydrozones that mix high and low water use plants shall not be permitted. (6) On the Landscape Design Plan and Irrigation Design Plan, hydrozone areas shall be designated by number, letter, or other designation. On the Irrigation Design Plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller. 151221 jjs 016-DevServices 28 (c) Irrigation Design Plan contents. The Irrigation Design Plan, at a minimum, shall contain: (1) location and size of separate water meters for landscape; (2) location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; (3) static water pressure at the point of connection to the public water supply; (4) flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; (5) recycled water irrigation systems as specified in Section XVII16.13.160; (6) the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and (7) the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) 16.13.100 Grading Design Plan For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan or completed Grading Design Survey (Appendix E)shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement. (a) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: (1) height of graded slopes; (2) drainage patterns; (3) pad elevations; 151221 jjs 016-DevServices 29 (4) finish grade; and (5) storm water retention improvements, if applicable (b) To prevent excessive erosion and runoff, it is highly recommended that project applicants: (1) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes; (2) avoid disruption of natural drainage patterns and undisturbed soil; and (3) avoid soil compaction in landscape areas. 16.13.110 Certificate of Completion (a) The Certificate of Completion (see Appendix C for a sample certificate) shall include the following six (6) elements: (1) Project information sheet that contains: (A) Date (B) Project name (C) Project applicant name, telephone, and mailing address; (D) Project address and location; and (E) Property owner name, telephone, and mailing address (2) certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; (A) where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification; (B) a diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. (3) irrigation scheduling parameters used to set the controller (see Section XIV16.13.130); 151221 jjs 016-DevServices 30 (4) landscape and irrigation maintenance schedule (see Section XV16.13.140); (5) irrigation audit report (see Section XIII16.13.120); and (6) soil analysis report or soil management survey, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section VII16.13.060). (b) The project applicant shall: (1) submit the signed Certificate of Completion to the local agencyDevelopment Services department for review; (2) ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee. (c) The local agencyChief Building Official or designee shall: (1) receive the signed Certificate of Completion from the project applicant; (2) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. 16.13.120 Landscape Audit Report (a) The Landscape Audit Report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system were installed as specified in the Landscape and Irrigation Design Plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule. (b) The Landscape Audit Report shall include the following statement: “The landscape and irrigation system has been installed as specified in the Landscape and Irrigation Design Plan and complies with the criteria of the Palo Alto Water Efficient Landscape Ordinance and the permit”. (c) Local agencyThe Chief Building Official or designee shall administer on-going programs that may include, but are not be limited to, post-installation landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys and water budget calculations to evaluate compliance with the MAWA. 151221 jjs 016-DevServices 31 16.13.130 Irrigation Scheduling For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (a) Irrigation scheduling shall be regulated by automatic irrigation controllers. (b) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (c) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. (d) Parameters used to set the automatic controller shall be developed and submitted for each of the following: (1) The plant establishment period; (2) The established landscape; and (3) Temporarily irrigated areas (e) Each irrigation schedule shall consider for each station all of the following that apply: (1) irrigation interval (days between irrigation); (2) irrigation run times (hours or minutes per irrigation event to avoid runoff); (3) number of cycle starts required for each irrigation event to avoid runoff; (4) amount of applied water scheduled to be applied on a monthly basis; (5) application rate setting; (6) root depth setting; 151221 jjs 016-DevServices 32 (7) plant type setting; (8) soil type; (9) slope factor setting; (10) shade factor setting; and (11) irrigation uniformity or efficiency setting. 16.13.140 Landscape and Irrigation Maintenance Schedule (a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. (b) A regular maintenance schedule shall include, but not be limited to: (1) routine inspection; (2) auditing; (3) adjustment and repair of the irrigation system and its components; (4) aerating and dethatching turf areas; (5) topdressing with compost; replenishing mulch; (6) fertilizing; (7) pruning; (8) weeding in all landscape areas; and (9) removing obstructions to emission devices. (c) Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (d) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. (e) A Project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities. 151221 jjs 016-DevServices 33 16.13.150 Stormwater Management and Rainwater Retention (a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged. (b) Project applicants shall refer to Chapters 16.11 and 16.28 of this Code and any regulations published by the Citythe local agency or Regional Water Quality Control Board for information on any applicable stormwater technical requirements. (c) All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section IX (A)(iii)16.13.080(c). (d) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: the one inch, 24-hour rain event or (2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation. (e) It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use: (1) Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas. (2) Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways. (3) Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff. (4) Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse. (5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems. (6) Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil. (7) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. 151221 jjs 016-DevServices 34 16.13.160 Recycled Water The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. 16.13.170 Graywater Systems Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section II (B)16.13.010(b) for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater. (f) Environmental Review The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate. 16.13.180 Provisions for Existing LandscapesCollaboration With Other Agencies A local agencyThe City of Palo Alto may by mutual agreement, designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agenciesThe City of Palo Alto may collaborate with water purveyorsother agencies to define each entity’s specific responsibilities relating to this ordinance. 16.13.190 Provisions for Existing Landscapes Over One Acre in Size (a) This section shall apply to all existing landscapes that were installed before February 1, 2016, and are over one acre in size. (b) Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (1) For landscapes that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the MAWA for existing landscapes. The MAWA for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). 151221 jjs 016-DevServices 35 (2) For landscapes that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (3) All landscape irrigation audits for existing landscapes that are greater than one acre in size shall be conducted by a certified landscape irrigation auditor. (c) Water Waste Prevention. (1) Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting Property owners shall not permit runoff from leavingto leave the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. (2) The Chief Building Official or designee may modify Rrestrictions regarding overspray and runoff may be modified if: (A) the landscape area is adjacent to permeable surfacing and no runoff occurs; or (B) the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping. 16.13.200 Violations and Penalties Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of Section 1.08.010 of this code. As provided in Chapters 1.12 and 1.16 of this code, violations may additionally or alternatively be subject to administrative citation or compliance order. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense, punishable as provided in this section. When the Chief Building Official determines that a violation of this chapter has occurred, he/she may record a notice of pendency of code violation with the Office of the County Recorder stating the address and owner of the property involved. When the violation has been corrected, the Chief Building Official shall issue and record a release of the notice of pendency of code violation. A local agency may establish and administer penalties to the project applicant for non- compliance with this Ordinance to the extent permitted by law. 151221 jjs 016-DevServices 36 A. Violation and Notice of Correction. It is unlawful for any person, firm, partnership, association, or corporation subject to the requirements of this Ordinance to fail to comply with the outdoor water use efficiency requirements of this Ordinance. The Chief Building Official or designee has the authority to conduct such inquiries, audits or surveys to ensure compliance with the requirements of this Ordinance. Whenever the Chief Building Official or designee determines that a violation of this Ordinance has occurred, he or she may serve a notice of correction on the owner(s) of the property on which the violation is situated. The owner(s) of record shall have ninety (90) days to take corrective action. B. [For Cities and Counties] Administrative Enforcement. In addition to any other remedy provided by the [insert entity’s name]’s Municipal Code, any provision of this Ordinance may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in Section _____ of the [insert entity’s name]’s Municipal Code. The [insert commission/governing body] shall serve as the administrative enforcement hearing officer for the purposes of considering any appeals. 16.13.210 Enforcement – Citation Authority The employee positions designated in this section may enforce the provisions of this chapter by the issuance of citations; persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: (1) Chief Building Official; (2) Building Inspection Supervisor; (3) Director of Development Services, and (4) Code enforcement officer. 16.13.220 Public Education (a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. The local agencyChief Building Official or designee shall provide information to all applicants regarding the design, installation, management, and maintenance of water-efficient landscapes and irrigation systems. (b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water-efficient landscapes that are described in this Ordinance. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as 151221 jjs 016-DevServices 37 designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. 16.13.230 Appendices The Development Services department shall maintain, update, and publish the following appendices, which are hereby incorporated into this Ordinance as if set forth fully herein. (a) Reference Evapotranspiration (ETO) Table (b) Water Efficient Landscape Worksheet (c) Certificate of Completion (d) Prescriptive Compliance Option (e) Soil and Grading Design Survey (f) Outdoor Water Efficiency Checklist SECTION 4. Chapter 16.14 (California Green Building Standards Code) of Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby amended to repeal in their entirety the following sections: A. 16.14.140 Section A4.106.3 Landscape design. B. 16.14.200 Section A4.304.1 Low-water consumption irrigation system. C. 16.14.210 Section A4.304.4 Potable water reduction. D. 16.14.220 Section A4.304.6 Irrigation metering device. E. 16.14.310 Section 5.304.3.2 Irrigation efficiency. F. 16.14.340 Section A5.304.4 Potable water reduction. SECTION 5. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid. 151221 jjs 016-DevServices 38 SECTION 6. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (the activity assures the maintenance, restoration, enhancement, or protection of a natural resource) and Section 15378(b)(2) (the activity is not a project as it involves general policy and procedure making) of the State CEQA Guidelines since it makes and implements policies and procedures to ensure that water resources are conserved by reducing water consumption through the establishment of a structure for planning, designing, installing, maintaining and managing water-efficient landscapes. SECTION 7. The City Council finds and declares that, for the reasons provided in Section 1, this Ordinance is necessary as an emergency measure for preserving the public peace, health, or safety. Pursuant to Palo Alto Municipal Code section 2.04.270(d), this Ordinance shall take full force and effect immediately upon adoption by a vote of four-fifths of the council members present. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of Development Services ____________________________ Director of Administrative Services Appendix A: Reference Evapotranspiration (ETo) Table Appendix A • Reference Evapotnmspiration (ETo Table* Annual Co~ntv •nd Citv Jon Feb Mar Anr Mav Jun Jul Aue Seo Otl No, De< ETo ALAMEDA Fremont 1.5 1.9 3A 4.7 5.4 63 6.7 60 4.5 3.4 1.8 1.5 47.0 Uvennore 1.2 1.5 2.9 4.4 5.9 6.6 7.4 6.4 5.3 3.2 1.5 0.9 47.2 Oakland 1.5 1.5 2.8 3.9 5.1 5.3 6.0 5.5 4.8 3.1 1.4 0.9 41.8 Oakland Foo1hills I.I 1.4 2.7 3.7 5.1 6.4 5.8 4.9 3.6 2.6 1.4 LO 39.6 Plea..o;anton 0.8 1.5 2.9 4.4 5.6 6.7 7.4 6.4 4.7 3.3 1.5 1.0 46.2 Union City 14 18 31 4.2 5.4 5.9 6.4 5.7 4.4 3.1 1.5 1.2 44.2 ALPINE Markleeville 0.7 09 2.0 3 5 50 6.1 73 64 4.4 2.6 1.2 0.5 40.6 AMADOR Jackson 1.2 1.5 2.8 4.4 6.0 7.2 7.9 7.2 5.3 3.2 1.4 0.9 48.9 Sbarumdoah Valley 1.0 1.7 2.9 4.4 5.6 6.8 79 71 5 2 3.6 1.7 1.0 48.8 IJUTIE Chico 12 1.8 2.9 4.7 6.1 7.4 8.5 7.) 5.4 3.1 1.7 1.0 51.7 Durham I.I 1.8 3.2 5.0 6.5 7.4 7.8 6.9 5.3 3.6 1.7 1.0 51.1 Gridley 1.2 1.8 3.0 4.7 6.1 7.7 8.5 7.1 5.4 3.7 1.7 1.0 51.9 Oroville 1.2 1.7 2.8 4.7 6.1 7.6 8.5 7.3 5.3 3.7 1.7 1.0 51.5 CALAVERAS San Andreas 1.2 1.5 2.8 4.4 6.0 7.3 7.9 7.0 5.3 3.2 1.4 0.7 4U COLUSA Colusa 1.0 1.7 3.4 5.0 6.4 7.6 8.3 7.2 5.4 3.8 1.3 I.I 52.8 Williams 1.2 1.7 2.9 4.5 6.l 7.2 S.5 7.3 5.3 3.4 l.6 1.0 50.8 CONTRA COSTA Brentwood 1.0 1.5 2.9 4.5 6.1 7.1 7.9 6.7 5.2 3.2 1.4 0.7 48.3 Concord I.I 1.4 2.4 4.0 5.5 5.9 7.0 6.0 4.8 3.2 1.3 0.7 43.4 Courtland 0.9 1.5 2.9 4.4 6.1 6.9 7.9 6.7 5.3 3.2 1.4 0.7 48.0 Martinez 1.2 1.4 2.4 3.9 5.3 5.6 6.7 5.6 4.7 3.1 l.2 0.7 41.8 Moraga 1.2 1.5 3.4 4.2 5.5 6.l 6.7 5.9 4.6 3.2 l.6 1.0 44.9 Pittsburg l.O 1.5 2.8 4.1 5.6 6.4 7.4 6.4 5.0 3.2 1.3 0.7 45.4 WalnutCr"'k 08 1.5 2.9 4.4 56 6.7 74 64 47 3.3 l.5 10 46.2 DEL NORTE Crescent City 0.5 0.9 2.0 3.0 3.7 3.5 4.3 3.7 3.0 2.0 0.9 0.5 27.7 ELDORADO Camino 0.9 1.7 2.5 3.9 5.9 7.2 7.8 6.8 5.l 3.1 1.5 0.9 47.J FRESNO Clovis l.O l.5 3.2 4.8 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.4 Coalinga 12 1.7 3.1 4.6 6.2 7.2 85 7.3 B 3.4 1.6 0.7 50.9 Firebaugh l.O 1.8 3.7 5.7 7.3 8.1 8.2 7.2 5.5 3.9 2.0 I.I 5$.4 FivePoints 1.3 2.0 4.0 6.1 7.7 8.5 8.7 S.O 6.2 4.5 2.4 1.2 60.4 Fresno 0.9 1.7 3.3 4.8 6.7 7.8 8.4 7.1 5.2 3.2 1.4 0.6 51.I Fresno State 0.9 l.6 3.2 5.2 7.0 8.0 8.7 7.6 5.4 3.6 1.7 0.9 53.7 Friant 1.2 1.5 3.1 4.7 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.3 Kennan 0.9 l.5 3.2 4.8 6.6 7.7 8.4 7.2 5.3 3.4 l.4 0.7 51.2 Kingsbu,g 1.0 1.5 3.4 4.8 6.6 7.7 8.4 7.2 5.3 3.4 1.4 0.7 51.6 Mendot.a 1.5 2.5 4.6 6.2 7.9 8.6 8.8 7.5 5.9 4.5 2.4 1.5 61.7 Orange Cove 1.2 1.9 3.5 4.7 7.4 8.5 8.9 7.9 5.9 3.7 l.8 1.2 56.7 Panoche I.I 2.0 4.0 5.6 7.8 8.5 8.3 7.3 5.6 3.9 I.S 1.2 57.2 Parlier 1.0 1.9 3.6 S.2 6.8 7.6 8.1 7.0 5.1 3.4 1.7 0.9 52.0 Annendh A -Reference Evaootransoiration (ETo Table* Annual CountvandCitv Jan Feb Mar Apr May Jun Jul Ant Sep Od Nov Dec ETo FRESNO Reedley 1.1 1.5 32 4.7 6.4 7.7 8.S 7.3 5.3 3.4 L4 0.7 51.3 Westland> 0.9 1.7 3.8 6.3 8.0 8.6 8.6 1.8 59 4.3 2.1 I.I 58.8 GLENN Orland I.I 1.8 3,4 50 6.4 7.5 7.9 67 53 3.9 L8 1.4 52.l Willows l.2 1.7 2.9 4.7 6.1 7.2 8.5 7.3 5.3 3.6 1.7 1.0 51.3 HUMBOLDT Eureka 0.5 I.I 2.0 3.0 3.7 3.7 H 3.7 3-0 2.0 0.9 0.5 27.5 Ferndale 0.5 I.I 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Garberville 0.6 1.2 2.2 3.1 4.5 5.0 5.5 4.9 3.8 2.4 1.0 0.7 34.9 l[oopa 0.5 I.I 2.1 3.0 4.4 5.4 6.1 5.1 3.8 2.4 0.9 0.7 35.6 IMPERIAL Brawley 2.8 3.8 5.9 8.0 10.4 11.5 11.1 10.0 84 6.2 3.5 2.1 S4.2 Calipatrio!Mulberry 2.4 32 5.1 6.8 86 9.2 9.2 M 7.0 5.2 3.1 2.3 70.7 El Centro 2.7 3.5 5.6 7.9 10.l IL.I 11.6 9.5 8.3 6.1 3.3 2.0 81.7 Holtville 2.8 3.8 5.9 7.9 10.4 11.6 12.0 10.0 8.6 6.2 3.5 2.1 84.7 Meloland 2.5 3.2 s.s 75 8.9 9.2 9.0 8.5 68 5.3 3J 2.2 71.6 Palo Verde II 2.5 3.3 57 6.9 8.5 8.9 8.6 1.9 6.2 4.5 2.9 2.3 68.2 Seeley 2.7 3.5 5.9 7.7 9.7 10.l 9.3 3.3 6.9 5.5 3.4 2.2 75.4 Westmoreland 2.4 3.3 5.3 6.9 8.7 9.6 9.6 &.7 6.9 5.0 3.0 2.2 71.4 Yuma 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.6 lNYO Bishop 1.7 2.7 48 67 8.2 10.9 74 9.6 7-4 4.8 2.5 1.6 68.3 Death Valley Jct 2.2 3.3 5.4 7.7 9.8 II.I 11.4 10.1 8.3 5.4 2.9 1.7 79.1 Independence L7 2.7 3.4 6.6 8.5 9.5 9.8 8.5 7J 3.9 2.0 1.5 65.2 Lower Haiwee R~-s. 1.8 2.7 4.4 7.1 8.5 9.5 9.8 a.s 7.1 4.2 2.6 1.5 67.6 Oasis 2.7 28 5.9 80 10.4 11.7 11.6 10.0 84 6.2 H 2.1 83J KERN Arvin 1.2 1.8 3.S 4.7 6.6 7.4 8.1 7.3 5.3 3.4 1.7 1.0 51.9 Bakersfield 1.0 1.8 3.5 4.7 6.6 7.7 8.5 7.3 5.3 3.S 1.6 0.9 52.4 Bakersfield/Bonanza. 1.2 2.2 l.7 5.7 7.4 8.2 8.7 7.8 S.7 4.0 2.1 1.2 57.9 Bakersfield/Greenlee 1.2 2.2 3.7 5.7 7.4 8.2 8.1 7.8 5.7 4.0 2.1 1.2 57.9 Belridge 1.4 2.2 4.1 5.5 7.7 8.5 8.6 7.8 6.0 3.8 2.0 1.5 59.2 BladcweJls Comer 1.4 2.1 3.8 5.4 7.0 7.8 8.5 7.7 5.8 3.9 l.9 1.2 56.6 Bultonwillow 1.0 1.8 3.2 4.7 6.6 7.7 8.5 7.3 5.4 3.4 1.5 0.9 52.0 China Lake 2.1 3.2 5.3 7.7 9.2 10.0 11.0 9.8 7.3 4.9 2.7 1.7 74.8 Delano 0.9 l.8 3.4 47 6.6 7.7 35 7.3 5.4 3.4 u 07 52.0 Famoso 1.3 1.9 3.5 4.8 6.7 7.6 8.0 7.3 5.5 3.S 1.7 1.3 53.1 Grapevine 1.3 1.8 3.1 4.4 5.6 6.8 7.6 6.8 5.9 3.4 1.9 1.0 49.5 ln)okeru 2.0 3.1 4.9 7.3 8.5 9.1 11.0 9.4 7.1 5.1 2.6 1.7 72.4 IsabeHaD.am 1.2 1.4 28 4.4 5.8 7.J 7.9 7.0 5.0 3_2 1.7 09 48 4 Lamont 1.3 2.4 4.4 4.6 6.5 7.0 u 7.6 5.7 3.7 1.6 O.ll 54.4 Lost Hills 1.6 2.2 3.7 5.1 6.8 7.8 8.7 1.8 5.7 4.0 2.1 1.6 57.1 McFarland!Kem 12 2.1 3.7 5.6 73 8.0 R.3 1.4 5.6 41 2.0 1.2 56-5 Shafter LO 1.7 3.4 50 6.6 7.7 $.3 7.3 54 3.4 LS 0.9 52-1 Taft 1.3 1.8 3.1 4.3 6.2 7.3 8.5 7.3 5.4 3.4 1.7 1.0 51.2 Teha-chapi 1.4 1.8 3.2 5.0 6.1 7.7 7.9 7.3 5.9 3.4 :2,J 1.2 52.9 KINGS Caruthers 1.6 2.5 4.0 5.7 7.8 8.7 9.3 8.4 6.3 4.4 2,4 1.6 62.7 Aooendix A-Reference Evaootransoiratioo (ETo Table* Aonuat County and City Jan Feb Mar Anr Mav Jun Jul Aue Sep Oct Nov Dec ETo KINGS Corcoran l.6 2.2 3.7 5.1 6.S 7.8 8.7 7.S 5.7 4.0 2.1 1.6 S7.l Hanford 0.9 1.5 3.4 5.0 6.6 7.7 8.3 7.2 5.4 3.4 1.4 0.7 5J.5 Kiettleman LI 2.0 4.0 6.0 7.5 8.5 9.1 8.2 6.1 4.5 2.2 LI 60.2 Lemoore 0.9 1.5 3.4 5.0 M 7.7 8.3 7.3 5.4 3.4 1.4 0.7 51.7 Stratford 0.9 1.9 3.9 6.1 7.8 8.6 u 7.7 5.9 4.1 2.1 l.O 58.7 LAKE Lakeport LI 1.3 2.6 3.5 51 6.0 7.3 6.1 4.7 2.9 1.2 0.9 428 Lower Lake 1.2 1.4 2.7 4.5 5.3 6.3 7.4 6.4 5.0 3.1 1.3 0.9 45.4 LASSEN Bunlin"ville l 0 1.7 3.5 4.9 6.2 7.3 8.4 7.5 5.4 3.4 1.5 0.9 5).8 Ravendale 0.6 1.1 2.3 4.1 5.6 6.7 7.9 7.3 4.7 2.8 1.2 0.5 44.9 Sus~vme 0.7 LO 2.2 4.1 5.6 6.5 7.8 7.0 4.6 2.8 1.2 0.5 44.0 LOS ANGELES Burbank 2.1 2.8 3.7 4.7 5.J 6.0 6.6 6.7 5.4 4.0 2.6 2.0 51.7 Claremool 2.0 2.3 3.4 4.6 5.0 6.0 7.0 7.0 S.3 4.0 2.7 2.1 51.3 El Dorado l.7 2.2 3.6 4.8 5.1 5.7 5.9 5.9 4.4 3.2 2.2 1.7 46.3 Glendale 2.0 2.2 3.J 3.8 4.7 4.8 5.7 5.6 4.3 3.J 2.2 1.8 43.7 Glendora 2.0 2.5 3.6 4.9 S.4 6.1 7.3 6.8 S.7 4.2 2.6 2.0 53.1 Gonnan 1.6 22 3.4 46 S.5 7.4 7.7 7,1 5.9 36 2.4 I.I 52.4 Hollywood Hills 2.1 22 3.8 5.4 6.0 6.5 6.7 6.4 5.2 3.1 2.8 2.1 52.8 Lancaster 2.1 3.0 4.6 5.9 8.5 9.7 l 1.0 9.8 7.3 4.6 2.8 1.7 71.1 Long Beach LS 2.1 H 39 4.5 43 5.3 4.1 37 2.8 [.8 l.5 39.7 Los: Angeles 2.2 2.7 3.7 4.7 5.5 5.8 6.2 5.9 5.0 3.9 2.6 1.9 50.1 Monrovia 2.2 2.3 3.8 4.3 5.5 5.9 6.9 6.4 5.1 3.2 2.5 2.0 50.2 Palmdale 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2.1 66.2 Pasadena 2.1 2.7 3.7 4.7 5.1 6.0 7.i 6.7 5.6 4.2 2.6 2.0 52.3 Pearblossom 1.7 2.4 3.7 4.7 7.3 7.7 9.9 7.9 6.4 4.0 2.6 1.6 59.9 Pomona L7 2.0 3.4 4.5 5.0 5.8 6.5 6.4 4.7 3.5 2.3 1.7 47.5 Redondo Beach 2.2 2.4 3.3 3.8 4.5 4.7 5.4 48 4.4 2.8 2.4 2.0 42.6 SanFemando 2.0 2.7 3.5 4.6 5.5 5.9 7.3 6.7 5.3 3.9 2.6 2.0 52.0 Santa Clarita 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.8 5.8 5.2 3.7 3.2 61.5 Santa Monica 1.8 2.1 3.3 4.5 4.7 5.0 54 54 3.9 3.4 24 2.2 44.2 MADERA Chowchilla 1.0 1.4 3.2 4.7 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.4 Mader.a 0.9 J.4 u 4.8 6.6 1.8 8..1 7.3 5.3 3.4 l.4 0.7 51.5 Raymond 1.2 1.5 3.0 46 6.1 7.6 8.4 7.3 52 3.4 1.4 0.7 50.S MARIN BlackPol.Jlt I.I 1.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 2.8 L3 0.9 43.0 Novato 1.3 1.5 2.4 J.5 4.4 6.0 5.9 S.4 4.4 2.8 1.4 0.7 39.8 Point San Pedro I.I 1.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 2.8 1.3 0.9 43.0 San Rafael 1.2 1.3 2.4 3.3 4.0 4.8 4.8 4.9 4.3 2.7 1.3 0.7 35.8 MARIPOSA Coulterville I.I 1.5 2.8 4.4 5.9 7.3 &.1 7.0 5.3 3.4 1.4 0.7 48.8 Maripm,;;;i Ll 1.5 2.8 4.4 5.9 7.4 8.2 7.1 5.0 3.4 l.4 0.7 49.0 Yosemite Village 0.7 1.0 2.3 J.7 5.1 6.5 7.1 6.1 4.4 2.9 1.1 0.6 41.4 MENDOCINO Fort Bragg 0.9 1.3 2.2 3.0 3.7 3.5 J.7 3.7 30 2.3 1.2 0.7 29.0 Hopland ].) 1.3 2.6 ].4 5.0 5.9 65 5.7 4.5 2.8 1.3 0.7 40.9 Anneodu A · Rde.-eoce Evapotranspiratioo (ETo Table* Annual Co'-lntv and Citv Jan Feb Mar ADr Mav Jun Jul Aue Se» Oct Nov Det ETo MENDOCINO Point Arena 1.0 l.3 2.3 3.0 3.7 3.9 3.7 3.7 3.0 2.3 1.2 0.7 29.6 Sanel Valley 1.0 1.6 3.0 4.6 6.0 7.0 8.0 7.0 5.2 3.4 1.4 0.9 49.1 Ukiah 1.0 u 2.6 3.3 5.0 5.8 6.7 5.9 4.5 2.8 1.3 0.7 40.9 MERCED Kesterson 0.9 1.7 3.4 5.5 7.3 8.2 8.6 7.4 5.5 H 1.8 0.9 55.l Los Banos 1.0 1.5 3.2 4.7 6.1 7.4 8.2 7.0 5.3 3.4 1.4 0.7 50.0 Mer<ed 1.0 1.5 3.2 4.7 6.6 7.9 8.5 7.2 5.3 3.4 l.4 0.7 51.5 MODOC ModO</Alturas 0.9 l.4 2.8 3.7 5.1 6.2 7.5 M 4.6 2.8 1.2 0.7 43.2 MONO Bridffnntt 0.7 0.9 2.2 3.8 5.5 6.6 7.4 6.7 4.7 2.7 1.2 0.5 43.0 MONTEREY Arroyo Seco 1.5 2.0 3.7 5.4 6.3 7.3 7.2 6.7 5.0 3.9 2.0 1.6 52.6 Castro"Yille: 1.4 1.7 3.0 4.2 4.6 4.i 4.0 H 3.0 2.6 1.6 1.4 36.2 Gonzales 1.3 1.7 3.4 4.7 5.4 6.3 6.3 5.9 4.4 3.4 1.9 1.3 45.1 Greenfield 1.8 2.2 3.4 4.8 5.6 6.l 6.5 6.2 48 :l.7 2.4 1.8 49.5 King City 1.7 2.0 3.4 4.4 4.4 5.6 6.1 6.7 6.5 5.2 2.2 1.3 49.6 King City-Oasis Rd. 1.4 1.9 3.6 S.3 6.5 7.J 7.4 6.8 5 l 4.0 2.0 J.5 52.7 Long Valley 1.5 1.9 3.2 4.1 5.8 (i.5 1.3 6.7 5.3 3.6 2.0 1.2 49.1 Monterey 1.7 1.8 2.7 3.5 4.0 4.1 4.3 4.2 3.5 2.8 1.9 1.5 36.0 Paj.aro 1.8 2.2 3.7 4.8 5.3 5.7 5.6 5.3 4.3 3.4 2.4 1.8 46.1 Salinas 1.6 1.9 2.7 3.8 4.8 4.7 5.0 4.S 4.0 2.9 1.9 1.3 39.1 Salinas No11h 1.2 15 2.9 41 4_6 5.2 4.5 4.3 3.2 2,8 1.5 1.2 36.9 San Ardo 1.0 l.7 3.1 4.5 5.9 7.2 8.1 7.1 5.1 3.1 1.5 1.0 49.0 San Juan 1.8 2.1 3.4 4.6 5.3 5.7 5.5 4.9 3.8 3.2 2.2 1.9 44.2 Soledad 1.7 2.0 3.4 4.4 5.5 5.4 6.5 6_2 5-2 3.7 2.2 1.5 47.7 NAPA Angwin 1.8 1.9 3.2 4.7 5.8 7.3 8.1 7J 5.5 45 2.9 2.1 54.9 Cameros-0.8 1.5 3.1 4.6 5.5 6.6 6.9 6.2 4.7 3.5 1.4 1.0 45.8 Oakville 1.0 1.5 2.9 4.7 5.8 6.9 7.2 6-4 4.9 3.5 1.6 1.2 47.7 St Helena 1.2 1.5 2.8 3.9 5.1 ti.I 7.0 6.2 4.8 3.1 1.4 0.9 44.1 Yountville 1.3 1.7 2.8 3.9 5.1 6.0 7.1 6,1 u 3.1 1.5 0_9 44.3 NEVADA Grass Valley I.I 1.5 2.6 4.0 5.7 7.1 7.9 7.1 5.3 3.2 1.5 0.9 4&.0 Nevada City LI l.5 2.6 3.9 5.8 6.9 7.9 7.0 5.3 3.2 1.4 0.9 47.4 ORANGE Irvine 2.2 2.5 3.7 4.7 5.2 5.9 6.3 6.2 4.6 3.7 2.6 2.3 49.6 Laguna Beac.h 2.2 2.7 3.4 38 4_6 4.6 4.9 4.9 4.4 3.4 2.4 2.0 43.2 Santa Ana 2.2 2.7 3.7 4.5 4.6 5.4 6,2 6.1 4.7 3.7 2.5 2.0 48.2 PLACER Aubom 1.2 1.7 2.8 4.4 6_1 1.4 8.3 7.3 5.4 3.4 1.6 1.0 50.6 Blue Canyon 0.7 I.I 2.1 3.4 4.8 6.0 7.2 6.1 4.6 2.9 0.9 0.6 40.5 Colfax I.I I.S 2.6 4.0 5.8 7.1 7.9 7.0 5.3 32 l.4 09 47_9 Roseville I.I 1.7 J.I 4.7 6-2 7.7 8.5 7.3 S.6 37 1.7 1.0 52-2 Soda Springs 0.7 0.7 l.8 3.0 4-3 5.3 6.2 5.5 4.1 2.5 0.7 0.7 35.4 Tahoe City 0.7 0.7 1.7 3.0 4.3 5.4 6.1 5.6 4.1 2.4 O.& 0.6 35.5 Truckee 0.7 0.7 l.7 3.2 4.4 5.4 6.4 5.7 4.1 2.4 O.& 0.6 36.2 Appendix A -Reference Evapotranspiration (ETo Table• Annual Count}' a.nd CUy .I.an Feb Mor Apr May Jun Jul Aue Sep Oct Nov Dee ETo PLUMAS Portola 0,7 0,9 1.9 J.5 4.9 5,9 7.3 5.9 u 2.7 0.9 0.5 39.4 Quincy 0,7 0,9 2.2 3.5 4.9 5,9 7,J 5.9 4,4 2.8 1.2 0.5 40,2 RIVERSIDE Bea11mont 2.0 2,3 J,4 4.4 6,1 7,1 7,6 7.9 6,0 J,9 2.6 L7 55,0 Blythe 2.4 B 5.3 6,9 8,7 9,6 9.6 &,7 6,9 5.0 3.0 2.2 71.4 Calhedral City 1.6 2.2 J.7 5.1 6.8 7.8 8.7 7,8 5.7 4.0 2.1 1.6 57.1 CoacheJla 2.9 4.4 6.2 8.4 10,5 11.9 12.3 JO.I 8.9 6.2 3,8 2.4 88.1 Desert Center 2.9 4.1 6.4 8.5 11.0 12.1 12.2 ILi 9.0 6.4 J,9 2.6 90.0 Elsinore 2.1 2.8 3.9 4.4 5.9 7.1 7.6 7.0 5.8 3.9 2.6 1.9 55.0 Indio J.l 3.6 6.5 8.3 IO.S 11.0 10.8 9.7 8.l 5.9 J,7 2.7 83.9 LaQuinia 2.4 2.8 5.2 6.5 8,3 8.7 8.5 7.9 6.5 4.5 2,7 2,2 66.2 Mecca 2.6 3.3 5.7 7.2 8.6 9.0 8,8 8.2 6.8 5.0 3.2 2,4 70,8 Oasis 2.9 B 5.3 6.1 8.5 8.9 8.7 7,9 6.9 4.8 2,9 2.3 68.4 PalmDesen 2.5 3.4 5.J 6,9 8.7 9.6 9.6 8,7 6.9 5.0 3.0 2.2 7L6 Pahn Springs 2.0 29 4_9 7.2 8.3 85 11.6 SJ 72 5.9 2.7 1.7 7].I Rancho Califomia 1.8 2.2 3.4 4.8 5,6 6.3 6.5 6.2 4.8 3.7 2.4 1.3 49.5 Rancho Mirage 2.4 B 5,J 6.9 8.7 9,6 9.6 8,7 6.9 5.0 3.0 2,2 71.4 Ripley 27 3.3 5,6 72 87 87 84 76 6.2 46 28 2.2 67.S Salton Sea North 2.5 3,3 5_5 7,2 8.8 9.3 9.2 &.S 6.8 5,2 3.1 2.3 7L7 Tem«;u)oEa•tll 2.3 2.4 4.1 4.9 6,4 7,0 7.8 7.4 5.7 4.1 2.6 2.2 56.7 Thermal 2.4 3.3 5.5 7.6 9.1 9.6 9.3 8.6 7.1 52 3.1 2.l 72.& ruvcrsidcUC 2,5 29 4.2 5.3 5,9 6,6 72 6,9 5.4 4.l 2.9 2.6 56.4 WJnchester 2.3 2.4 4.l 4.9 6.4 6.9 7.7 7.5 6.0 3.9 2.6 2.1 56.& SACRAMENTO Fair Oaks. 1.0 l.6 J,4 4.1 6,5 7.5 8.1 7.1 5.2 3.4 1.5 LO 505 Sacramento 1.0 1.8 n 4.1 6.4 1.7 8,4 7.2 5.4 3,7 1.7 0.9 51.9 Twitchell l:,hmd 1.2 l.8 3.9 5.3 7.4 8.8 9.1 7.8 5.9 3.& 1.7 1.2 57.9 SAN BENITO Hollis.1er 1.5 1.8 3.1 4.3 5.5 5.7 6.4 5,9 5.0 3.5 1.7 I.I 45.1 San Benito 1.2 1.6 3.1 4.6 5.6 6.4 6.9 6.5 4.8 3.7 L7 1,2 47.2 San Juan Valley 1.4 1.8 3.4 4.5 6,0 6,7 7.1 6.4 5.0 3.5 LS 1.4 49.1 SAN BERNARDINO Baker 2,7 3.9 61 83 104 11.8 12_2 11.0 8.9 61 3.3 2,1 86,6 Barstow NE 2.2 2,9 5-3 6,9 9.0 10,1 9,9 8,9 6.& 4,8 2.7 2,1 71.7 Big Bea.:rlake I.& 2.6 4.6 6.0 7.0 7,6 8.1 7.4 5.4 4.1 2.4 I.& 53,6 Chino 2.1 29 39 45 57 65 7.3 7,1 5.9 4.2 2,6 2,0 54.6 Crestline I.S 1.9 3.3 4.4 5.5 6.6 7.8 7,1 5.4 3.5 2.2 1.6 50.8 Lake Arrowhead 1.8 2.6 4.6 6,0 7.0 7,6 8.1 1.4 5.4 4,1 2.4 1.8 58,6 LuciemeValley 2.2 2.9 5,1 6.5 9,1 11.0 Ll.4 9.9 1.4 5,0 3.0 1.8 75.3 Needles 3,2 4.2 M 8.9 !LO 12.4 12.8 ll.O 8.9 6,6 4.0 2.7 92.1 Newberry Sprin~ 2.1 2.9 5.3 8.4 9.8 10.9 ll.l 9.9 7.6 5,2 3.1 2.0 78.2 San Bernardino 2.0 2.7 J.S 4.6 5.7 6.9 7.9 7.4 5.9 4.2 2.6 2.0 55.6 Twentynine Palms 2,6 3.6 5,9 7.9 10,] 11.2 11.2 10,J 8,6 5,9 3.4 2.2 82.9 Victor,,ille 2,0 2.6 4.6 6.2 7,3 8.9 9.8 9.0 6.5 4.7 2,7 2.1 66.2 SAN DIEGO Chula Vista 2.2 2.7 H 3.8 4.9 4.7 5.5 4.9 4.5 3.4 2.4 20 44.2 Escondido SPV 2.4 2.6 19 4.7 5.9 6.5 7.1 6.7 S.3 3.9 2.8 2,J 54,2 Miramar 2,3 2.5 3.7 4.1 5.1 5,4 6,1 5,8 4.5 3.3 2,4 2,J 47,I Annendi~ A -Reference Evaootransoiration (ETo Table* Annual County and Citv Jan Feb Mar Aor May Jun Jul AuR I s.u Oct Nov Dee ETo SAN DIEGO Oceanside 2.2 2.7 3.4 3.7 4.9 4.6 4.6 5.1 I 4.1 3.3 2.4 2.0 42.9 OtayLake 2.3 2.7 3.9 4.6 5.6 5.9 6.2 6.1 4.8 3.7 2.6 2.2 50.4 Pine Valley 1.5 2.4 3.S 5.1 6.0 7.0 7.8 7.3 6.0 4.0 2.2 1.7 54.8 Ramona 2.1 2.1 3.4 4.6 5.2 6.3 6.7 6.8 5.3 4.1 2.8 2.1 51.6 San Di-ego 2.1 2.4 3.4 4.6 5.1 53 5.7 5.6 4.3 3.6 2.4 2.0 46.5 Silntoe 2.1 2.7 3.7 4.5 5.5 6.1 6.6 62 5.4 H 2.6 2.0 5L1 Torrey Pines 2.2 2.3 3.4 3.9 4.0 4.1 4.6 4.7 3.8 2.8 2.0 2.0 39.8 Womer Springs l.6 2.7 3.7 4.7 5.7 7.6 8.3 7.7 6.3 4.0 2.5 l.J 56.0 SAN FRANCISCO San Francisco 1.5 1.3 2.4 3.0 3.7 4.6 4.9 4.8 4.1 2.8 1.3 0.7 35.1 SAN JOAQUIN Farmington 15 15 2.9 4.7 6.2 7.6 8.1 6.8 5.1 3.3 1.4 0.7 50.0 Lodi West 1.0 l.6 3.3 4.3 6.3 6.9 7.3 6.4 4.5 3.0 1.4 0.8 46.7 Manteca 0.9 1.7 3.4 5.0 6.5 7.5 8.0 7.1 5.2 3.3 1.6 0.9 51.2 Stockton 0.8 1.5 2.9 4.7 6.2 7.4 8.1 6.8 5.3 3.2 1.4 0.6 49.1 Tracy 1.0 1.5 2.9 4.5 6.1 7.3 7.9 6.7 5.3 3.2 1.3 0.7 48.5 SAN LUIS OBISPO Arroyo Grande 2.0 2.2 3.2 3.8 4.3 4.7 4.3 4.6 3.8 3.2 2.4 l.7 40.0 Atascadero 1.2 1.5 2.8 3.9 4.5 6.0 6.7 6.2 5.0 3.2 1.7 l.O 43.7 Morro Bay 2.0 2.2 3.1 3.5 4.3 4.5 4.6 4.6 3.8 3.5 2.1 1.7 39.9 Nipomo 2.2 2.5 3.l! 5.1 5.7 6.2 6.4 6.1 4.9 4.1 2.9 2.3 52.1 Paso Roble• 1.6 20 3.2 4.3 5.5 6.3 7.3 6.7 s_1 37 21 14 49.0 San Luis Obispo 2.0 2.2 3.2 4.1 4.9 5.3 4.6 5.5 4.4 3.5 2.4 1.7 43.8 San Miguel 1.6 2.0 3.2 4.3 5.0 6.4 7.4 6.8 5.l 3.7 2.1 1.4 49.0 San Simeon 2.0 2.0 2.9 3.S 4.2 4.4 4.6 4.3 3.5 3.1 2.0 1.7 38.1 SAN MATEO Hal Moon Bay 1.5 1.7 2.4 3.0 3.9 4.3 4.3 4.2 3.5 2.8 1.3 1.0 33.7 Redwood City 1.5 1.8 2.9 3.8 52 5.l 6.2 5.6 4.8 3.1 1.7 LO 42.8 Woodside 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 SANTA BARBARA Betteravia 2.1 2.6 4.0 5.2 6.0 5.9 5.8 5.4 4.J 3.3 2.7 2.1 49.1 Carpenteria 2.0 2.4 3.2 3.9 4.8 5.2 S.S 5.7 4.5 3.4 2.4 2.0 44.9 Cuyama 2.1 2.4 3.8 5.4 6.9 7.9 8.5 7.7 5.9 4.5 2.6 2.0 59.7 Goleta 2.1 2.5 3.9 5.1 5.7 5.7 5.4 5.4 4.2 3.2 2.8 1.2 48.1 Goleta fwthills 23 H 3.7 5.4 S.3 5.6 s.s 5.7 4.5 3.9 2.8 2.3 49.6 Guadalupe 2.0 2.2 3.2 3.7 4.9 4.6 4.5 4.6 4.1 3.3 2.4 l.7 41.1 Lompoc 2.0 2.2 3.2 3.7 4.8 4.6 4.9 4.8 3.9 3.2 2.4 1.7 41.1 Los Aiamos 1.8 2.0 3.2 4.1 4.9 5.3 5.7 5.5 4.4 3.7 2.4 1.6 44.6 Santa Barbora 2-0 2.5 3.2 3.8 4.6 5.1 5.5 4.5 3.4 2.4 1.8 l.8 40.6 Santa Maria 1.8 2.3 3.7 5.1 5.7 5.3 5.6 5.3 4.2 3.5 2.4 1.9 47.4 Sant~ Ynez 1.7 22 35 so H 6.2 6.4 6.0 4.5 3.6 2.2 1.7 48.7 Sisquoc 2.1 2.S 3.8 4.1 6.1 6.3 6.4 5.8 4.7 3.4 2.3 l.S 49.2 Solvang 2.0 2.0 3.3 4.3 5.0 5.6 6.1 5.6 4.4 3.7 2.2 1.6 45.6 SANTA CLARA Gilroy 1.3 1.8 3.1 4.1 5.3 5.6 6.1 5.5 4.7 3.4 1.7 I.I 43.6 Los Gatos 1.5 1.8 n 3.9 5.0 5.6 6.2 5.5 4.7 3.2 1.7 I.I 42.9 Morgan Hill 1.5 1.8 3.4 4.2 6.3 7.0 7.1 6.0 5.1 3.7 1.9 l.4 49.5 PaloAl!o 1.5 1.8 2.8 3.8 5.2 5.3 6.2 5.6 5.0 3.2 1.7 1.0 43.0 Appendix A -Reference Evaootrans1>iration (ETo Table• Annual Count• and City Jon Feb Mor Apr May Jun Joi Au2 S.p O<t Nov Dee ETo SANTA CLARA San Jose 1.5 1.8 3.1 4.1 5.5 5.8 6.5 5.9 5.1 3.3 1.8 1.0 45.3 SANTACRUZ DeLave>ga 1.4 1.9 3.l 4.7 4.9 5.3 5.0 4.8 3.6 l.O 1.6 J.3 40.S Green Valley Rd 1.2 !.8 3.2 4.5 4.6 5.4 5.2 5.0 3.7 3.1 1.6 1.3 40.6 SantaCru, 1.5 1.8 2.6 :l.5 4.3 4.4 4.8 4.4 3.8 2.8 1.7 L2 36.6 watsonvme I.S L.8 2.7 3.7 4.6 4.5 4.9 4.2 4.0 2.9 1.8 1.2 37.7 Webb 1.8 2.2 3.7 4.8 5.3 5.7 5.6 B 4.3 3.4 2.4 l.S 46.2 SHASTA Burney 0.7 1.0 2.1 3.5 4.9 5.9 7.4 6.4 4.4 2.9 0.9 0.6 40.9 fall River Mills 0.6 1.0 21 3.7 5.0 6.1 7.8 6.7 46 2.8 0.9 0.5 41.8 Glenburn 06 1.0 2.1 3.7 5.0 6-3 7.8 6.7 4.7 2.8 0.9 0.6 42.1 MeAnhur 0.7 1.4 2.9 4.2 5.6 6.9 8.2 7.2 5.0 3.0 I.I 0.6 46.8 Redding ti 1.4 2.6 4.l 5.6 7.1 8.5 7.3 5.3 3.2 1.4 0.9 48.8 SIERRA Downievdle 0.7 1.0 2.3 3.5 5.0 60 1.4 6.2 4,7 2.8 0_9 0.6 41.J Sjerraville 0.7 1.l 2.2 3.2 4.5 5.9 7.3 6.4 4.3 2.6 0.9 0.5 39.6 SISKIYOU Happy Camp 0.5 0.9 2.0 3.0 4.3 5.2 6 l 5.3 4.1 2.4 0.9 0.5 35.1 MaoDoel 1.0 1.7 3.1 4.5 5.9 7.2 8.1 7.l 5.1 3.1 1.5 1.0 49.0 Mt Shasta 0.5 0.9 2.0 3.0 ._5 5.3 6.7 5.7 40 2.2 0.7 0.5 36.0 Jule lake FS 0.7 1.3 2.7 4.0 5.4 6.3 7.1 6.4 4.7 2.8 LO 0.6 42.9 Weed 0.5 0.9 2.0 2.5 4.5 5.3 6.7 5,5 3.7 2.0 0.9 0.5 34.9 Yreka 0.6 0.9 2.1 3.0 4.9 5.8 1..3 6.5 4.3 2.5 0.9 0.5 39.2 SOLANO Benicia 1.3 L4 2.7 3.8 4.9 5.0 6.4 5.5 4.4 2.9 l.2 0.7 40,3 Dixon 0.7 1.4 3.2 5.2 6.3 7.6 8.2 7.2 5.5 4.3 l.6 I.I 52.1 Fairfield 1.1 1.7 2.8 4.0 5.5 6.1 7.8 6.0 4.8 3.1 L4 0.9 45.2 Hastings Tract 1.6 2.2 3.7 5.1 6.! 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 Putah Creek 1.0 1.6 3.2 4.9 6.1 7.3 1.9 7.0 5.3 3.8 1.8 1.2 51.0 Rio Vista 0.9 1.7 2.8 4.4 5.9 6.7 7.9 6.5 5.1 3.2 1.3 0.7 47.0 Suisun Valley 0.6 1.3 3.0 4.1 5.8 7.0 7.7 6.8 5.3 3.8 1.4 0.9 48.3 Winters 0.9 1.7 3.3 5.0 6.4 75 79 7.0 5.2 3.5 l6 10 51.0 SONOMA Bennett Valley 1.1 1.7 3.2 4.1 5.5 6.5 6.6 5.7 4.5 3.1 1.5 0.9 44.4 Cloverdale I.I J.4 2.6 34 5.0 5.9 6.2 5.6 4.5 2.8 1.4 0.7 40.7 Fort Ross 1.2 1.4 2.2 3.0 3.7 4.5 4.2 4.3 3.4 2.4 1.2 0.5 3L9 Healdsburg 1.2 1.5 2.4 35 s.o 5.9 6.1 5.6 4.5 28 1.4 0.7 40.8 LincoiJt 1.2 1.7 2.8 4.7 6.1 7.4 M 7.3 5.4 3.7 L9 L2 5L9 Petalwna 1.2 1.5 2.8 3.7 4.6 5.6 4.6 5.1 4.5 2.9 l.4 0.9 396 SonlaRo>a 1.2 1.7 2.8 3.7 5.0 6.0 6.1 5.9 4.5 2.9 LS 0.7 42.0 Valley of the Moon 1.0 1.6 3.0 4.5 5.6 6.6 7.1 6.3 4.7 3.3 LS LO 46.1 Windsor 0.9 l.6 3.0 45 5.5 6.5 6.5 5.9 4.4 3.2 1.4 1.0 44.2 STANISLAUS Den.air 1.0 1.9 3.6 4.7 7.0 7.9 8.0 6.1 5.3 3.4 1.5 1.0 51.4 LaGrange l.2 1.5 3.1 4.7 6.2 7.7 8.5 7.3 5.3 3.4 l.4 0.7 512 Modes10 0.9 1.4 3.2 4.7 6.4 7.7 3.1 6-8 5.0 3.4 1.4 0.7 497 Newman 1.0 ].5 3.2 4.6 6.2 7.4 8.1 6.7 5.0 3.4 1.4 0.7 49.3 Oakdale 1.2 u 3.2 4.7 6.2 7.7 8.l 7.1 5.1 3.4 1.4 0.7 50.3 Appendix B WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package. Reference Evapotranspiration (ETo) ____________ ETAF Calculations Regular Landscape Areas All Landscape Areas Hydrozone # /Planting Descriptiona Plant Factor (PF) Irrigation Methodb Irrigation Efficiency (IE)c ETAF (PF/IE) Landscape Area (sq, ft,) ETAF x Area Estimated Total Water Use (ETWU)e Regular Landscape Areas Totals (A) (B) Special Landscape Areas 1 1 1 Totals (C) (D) ETWU Total Maximum Allowed Water Allowance (MAWA)e Total ETAF x Area (B) Total Area (A) Average ETAF B ÷ A Total ETAF x Area (B+D) Total Area (A+C) Sitewide ETAF (B+D) ÷ (A+C) aHydrozone #/Planting Description E.g 1.) front lawn 2.) low water use plantings 3.) medium water use planting bIrrigation Method cIrrigation Efficiency overhead spray 0.75 for spray head or drip 0.81 for drip dETWU (Annual Gallons Required) = Eto x 0.62 x ETAF x Area where 0.62 is a conversion factor that converts acre- inches per acre per year to gallons per square foot per year. Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for non-residential areas. eMAWA (Annual Gallons Allowed) = (Eto) ( 0.62) [ (ETAF x LA) + ((1-ETAF) x SLA)] where 0.62 is a conversion factor that converts acre- inches per acre per year to gallons per square foot per year, LA is the total landscape area in square feet, SLA is the total special landscape area in square feet, and ETAF is .55 for residential areas and 0.45 for non-residential areas. BAWSCA Water Efficient Landscape Ordinance Project Information Date:Telephone Project Name Email Applicant Name (print): Street Address Title State Company Zip Project Owner - Declaration of Completion Project Owner Name or Designee: Title Company Property Owner Signature Date Licensed Professional - Declaration of Installation Signature*License Number Email Address Phone Number *Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor. REQUIRED ATTACHMENTS: Print Name and Company of Landscape Architect or Irrigation Designer IRRIGATION SCHEDULING Attach parameters for setting the irrigation schedule on controller as required by the ordinance. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Attach schedule of Landscape and Irrigation Maintenance. LANDSCAPE IRRIGATION AUDIT REPORT Attach Landscape Irrigation Audit Report as required by the MWELO ordinance. SOIL MANAGEMENT REPORT Attach soil analysis report, if not previously submitted with the Landscape Documentation Package as required by the ordinance. Attach documentation verifying implementation of recommendations from soil analysis report as required by the ordinance. CERTIFICATE OF COMPLETION & INSTALLATION I certify that I have received copies of all the documents associated with the landscape project and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule. I certify that based upon periodic site observations, the work has been substantially completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package. SUBMIT UPON COMPLETION OF THE LANDSCAPE PROJECT Appendix C Appendix D - Prescriptive Compliance Option. (a) This appendix contains prescriptive requirements which may be used as a compliance option to the Model Water Efficient Landscape Ordinance. (b) Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option: (1) Submit a Landscape Documentation Package which includes the following elements: (A) date (B) project applicant (C) project address (if available, parcel and/or lot number(s)) (D) total landscape area (square feet), including a breakdown of turf and plant material (E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed) (F) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) contact information for the project applicant and property owner (H) applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option to the MWELO”. (2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test); (3) Plant material shall comply with all of the following; (A) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water; For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water; (B) A minimum three inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. (4) Turf shall comply with all of the following: (A) Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas; (B) Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length; (C) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff. (5) Irrigation systems shall comply with the following: (A) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor. (B) Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. (C) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. (D) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. \ (E) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. “Landscape Irrigation Sprinkler and Emitter Standard,” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. (F) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (6) For non-residential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s) to measure landscape water use shall be installed. (c) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. Page | 1 Soil Management and Grading Design Survey Project Name: Project Location: Project Lot Size: Site Analysis Completed By: Signature Date This soil analysis and grading report form is designed to assist the applicant in reviewing existing conditions at their project site and evaluate opportunities to maximize benefits. Respond to the following questions, and submit a report detailing geographic features surrounding the site, topography, vegetation and other site features as directed below. Soil Management Survey Laboratory soil analysis results are attached. OR answer the following questions: 1.What is the infiltration rate in inches per hour for the site soil type? (Instructions – in a minimum of three distinct locations dig a hole that would accommodate planting a 5-gallon plant. Fill hole with water and let drain. Fill hole again and measure the depth of the water in the hole and record the time it takes to infiltrate totally into the soil with no remaining standing water. Note the time of year and the level of existing soil saturation by touch). 2.What is the primary project site soil texture? (Example – clay, loam, silt, sand, etc) 3.What is the soil color at 2 inches depth? What is the color at 6 inches? What is the color at 12 inches? (Example – black, dark or light brown, red, gold, gray, blue, etc) 4.Has the site been previously or historically contaminated with toxic materials? Comments: Appendix E Page | 2 Grading Design Survey Grading Design Plan is attached. OR answer the following questions: 1.Does the stormwater runoff from the site discharge to (check all that apply): Indirectly to waters of the U.S. (i.e. discharge flows overland across adjacent properties or rights-of-way prior to discharging into water of the United States) Storm drain system Directly to the water of the U.S. (e.g. river, lake, creek, stream, bay, ocean, etc.) 2.Has a stormwater pollution prevention plan been prepared for this site? Yes No 3.Is there potential for filtering or infiltrating stormwater in the landscape areas (e.g. grassy swales, infiltration planters, bioretention areas)? Yes No 4.Is there potential to store rainwater for future use? Yes No 5.Is the proposed site within a 100 year floodplain? Yes No 6.Is a creek protection plan required for this site? Yes No Comments: OUTDOOR WATER USE EFFICIENCY CHECKLIST To Be Completed by Applicant Page 1 of 2 I certify that the subject project meets the specified requirements of the Water Conservation in Landscaping Ordinance. Signature Date Project Information ❑ New Construction ❑ Rehabilitated ❑ Other: ❑ Commercial ❑ Institutional ❑ Irrigation only ❑ Industrial ❑ Other: Applicant Name (print): Contact Phone #: Project Site Address: Project Area (sq.ft. or acre): # of Units: # of Meters:(Pass)(Fail) Total Landscape Area (sq.ft.):❑ ❑ Turf Irrigated Area (sq.ft.):❑ ❑ Non-Turf Irrigated Area (sq.ft.):❑ ❑ Irrigated Special Landscape Area (SLA) (sq.ft.):❑ ❑ Water Feature Surface Area (sq.ft.): Landscape Parameter Requirements Project Compliance ❑ ❑ ❑ ❑ ❑ ❑ All turf is planted on slopes < 25%❑ ❑ Hydrozones Plants are grouped by Hydrozones ❑ ❑ ❑ ❑ Mulch ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Water Features ❑ ❑ Compost At least 4 cubic yards per 1,000 sq ft to a depth of 6 inches ❑ No, See Special Landscape Area and/or Recycled Water Area Low water using plants are installed for at least 100% of plant areaPlant Material Turf There is no turf in parkways < 10 feet wide ❑ Yes ❑ Yes ❑ No, if adjacent to a parking strip ❑ Yes ❑ Yes ❑ Yes ❑ No, See Soil Test ❑ Yes Irrigation System ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ No, but there is no runoff or overspray Cover highly recommended Use of automatic irrigation controllers that use evapotranspiration or soil moisture sensor data and utilize a rain sensor Irrigation controllers do not lose programming data when power source is interrupted Irrigation system includes pressure regulators Manual shut-off valves are installed near the connection to the water supply All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher Areas < 10 feet shall be irrigated with subsurface irrigation NONRESIDENTIAL OUTDOOR WATER USE EFFICIENCY CHECKLIST Recirculating ❑ Yes ❑ No, not required ❑ Yes For all nonresidential projects, input an aggregate value for the entire project. Agency Review No turf for the landscape area At least 3-inches of mulch on exposed soil surfaces ❑ Yes Separate irrigation submeters for landscape areas > 1,000 sq ft ❑ YesMetering Swimming Pools / Spas City of Palo Alto Development Services Appendix F OUTDOOR WATER USE EFFICIENCY CHECKLIST Page 2 of 2 Landscape Parameter Requirements Project Compliance ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ To Be Completed by AgencyAuditor: Materials Received and Reviewed:❑ Regional Water Efficient Landscape Ordinance ❑ Project Information ❑ Nonresidential Outdoor Water Use Efficiency Checklist ❑ Water Efficient Landscape Worksheet ❑ Water Efficient Landscape Worksheet ❑ Nonresidential Outdoor Water Use Efficiency Checklist ❑ Plant List ❑ Post-Installation Audit ❑ Other: ❑ Landscape Design Plan ❑ Soil Management Report ❑ Irrigation Design Plan ❑ Grading Design Plan Date Reviewed: ❑ Follow up required (explain): ❑ Drip irrigation Date Resubmitted:❑ Plant palate Date Approved:❑ Grading Dedicated Irrigation Meter Required:❑ Pool and/or spa cover Meter sizing:❑ Dedicated irrigation meter ❑ Other: Comments: Selected Definitions: ETo Reference evapotranspiration means the quantity of water evaporated from a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of estimating water budgets so that regional differences in climate can be accommodated. SLA Special Landscaped Area. Includes edible plants, areas irrigated with recycled water, surface water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. Professional Professional is a “certified professional” or “authorized professional” that is a certified irrigation designer, a certified landscape irrigation auditor, a licensed landscape architect, a licensed landscape contractor, a licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget, irrigation survey or irrigation audit. Water Feature A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). ❑ Completed by professional Soil Management Report (optional if < 2,500 sq ft of landscape area) Landscape Design Plan (optional if < 2,500 sq ft of landscape area) Irrigation Design Plan (optional if < 2,500 sq ft of landscape area) Grading Design Plan (optional if < 2,500 sq ft of landscape area) Post-installation audit completed ❑ Prepared by professional ❑ Prepared by professional ❑ Prepared by professional ❑ Prepared by professional Water Efficient Landscape Worksheet (optional if < 2,500 sq ft of landscape area) Material Distributed to Applicant Measures Recommended to Applicant Documentation (per section 492.3) Audit ❑ Prepared by professional Project Information ❑ Yes City of Palo Alto Development Services OUTDOOR WATER USE EFFICIENCY CHECKLIST To Be Completed by Applicant Page 1 of 2 I certify that the subject project meets the specified requirements of the Water Conservation in Landscaping Ordinance. Signature Date Project Information ❑ New Construction ❑ Rehabilitated ❑ Other: ❑ Single Family ❑ Multi-Family ❑ Commercial ❑ Institutional ❑ Irrigation only ❑ Industrial ❑ Other: Applicant Name (print): Contact Phone #: Project Site Address: Project Area (sq.ft. or acre): # of Units: # of Meters:(Pass)(Fail) Total Landscape Area (sq.ft.):❑ ❑ Turf Irrigated Area (sq.ft.):❑ ❑ Non-Turf Irrigated Area (sq.ft.):❑ ❑ Irrigated Special Landscape Area (SLA) (sq.ft.):❑ ❑ Water Feature Surface Area (sq.ft.): Landscape Parameter Requirements Project Compliance ❑ ❑ ❑ ❑ ❑ ❑ All turf is planted on slopes < 25%❑ ❑ Hydrozones Plants are grouped by Hydrozones ❑ ❑ ❑ ❑ Mulch ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Water Features ❑ ❑ For a single-family project, or a single- family development project, enter this information on an average, per unit basis. For all other projects, input an aggregate value for the entire project. Agency Review < 25% of the landscape area is turf At least 3-inches of mulch on exposed soil surfaces Metering Swimming Pools / Spas Cover highly recommended ❑ Yes ❑ No, not required if < 5,000 sq ft RESIDENTIAL OUTDOOR WATER USE EFFICIENCY CHECKLIST Recirculating ❑ Yes ❑ No, not required ❑ Yes Areas < 10 feet shall be irrigated with subsurface irrigation Separate irrigation meter ❑ Yes Irrigation System ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ No, but there is no runoff or overspray Use of automatic irrigation controllers that use evapotranspiration or soil moisture sensor data and utilize a rain sensor Irrigation controllers do not lose programming data when power source is interrupted Irrigation system includes pressure regulators Manual shut-off valves are installed near the connection to the water supply All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher Compost At least 4 cubic yards per 1,000 sq ft to a depth of 6 inches ❑ No, See Special Landscape Area and/or Recycled Water Area Low water using plants are installed for at least 75% of plant areaPlant Material Turf There is no turf in parkways < 10 feet wide ❑ Yes ❑ Yes ❑ No, if adjacent to a parking strip ❑ Yes ❑ No, See Water Budget ❑ Yes ❑ Yes ❑ Yes ❑ No, See Soil Test City of Palo Alto Development Services OUTDOOR WATER USE EFFICIENCY CHECKLIST Page 2 of 2 Landscape Parameter Requirements Project Compliance ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Auditor: Materials Received and Reviewed:❑ Regional Water Efficient Landscape Ordinance ❑ Project Information ❑ Residential Outdoor Water Use Efficiency Checklist ❑ Water Efficient Landscape Worksheet ❑ Water Efficient Landscape Worksheet ❑ Residential Outdoor Water Use Efficiency Checklist ❑ Plant List ❑ Post-Installation Audit ❑ Other: ❑ Landscape Design Plan ❑ Soil Management Report ❑ Irrigation Design Plan ❑ Grading Design Plan Date Reviewed: ❑ Follow up required (explain): ❑ Drip irrigation Date Resubmitted:❑ Plant palate Date Approved:❑ Grading Dedicated Irrigation Meter Required:❑ Pool and/or spa cover Meter sizing:❑ Dedicated irrigation meter ❑ Other: Comments: Selected Definitions: ETo Reference evapotranspiration means the quantity of water evaporated from a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of estimating water budgets so that regional differences in climate can be accommodated. SLA Special Landscaped Area. Includes edible plants, areas irrigated with recycled water, surface water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. Professional Professional is a “certified professional” or “authorized professional” that is a certified irrigation designer, a certified landscape irrigation auditor, a licensed landscape architect, a licensed landscape contractor, a licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget, irrigation survey or irrigation audit. Water Feature A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). Material Distributed to Applicant Measures Recommended to Applicant Documentation (per section 492.3) Audit ❑ Prepared by professional Project Information ❑ Yes ❑ Completed by professional Soil Management Report (optional if < 2,500 sq ft of landscape area) Landscape Design Plan (optional if < 2,500 sq ft of landscape area) Irrigation Design Plan (optional if < 2,500 sq ft of landscape area) Grading Design Plan (optional if < 2,500 sq ft of landscape area) Post-installation audit completed ❑ Prepared by professional ❑ Prepared by professional ❑ Prepared by professional ❑ Prepared by professional Water Efficient Landscape Worksheet (optional if < 2,500 sq ft of landscape area) City of Palo Alto Development Services 1 Attachment B: Landscape Permit Estimation The estimated number of potential landscape permits that Development Services may issue with the new proposed landscaping permit is identified below. The estimate has been generated based on the average annual new construction building permits issued during Fiscal Years 2013 through 2015. The estimation is shown in Figure 1-1. The average number of building permits issued annually for new residential and new commercial projects equals 150 permits. Staff assumes that 100% of building permits associated with new construction submitted to Development Services contain a landscaping scope of some kind. Therefore, staff estimates a total of 150 permits to be issued on an annual basis. Figure 1-1: Estimated Number of Potential Landscape Permits Building Permit Type Average # Permits Issued Annually FY2013 - FY2015 Commercial Addition Remodel 10 Commercial New Building 16 Mixed Use New Res/Com 5 Res New 2 Unit 6 Res New 3 &4 Unit 1 Res New 5 or more Unit 1 Res New Single Family 112 Total Building Permits Issued with a Potential Landscape Scope* 150 Summary Total Annual Potential Landscape Permits 150 *Non-building related and remodel permit types are excluded cin or PALO ALTO City Council Meeting Date: January 19, 2016 January 14, 2016 THE HONORABLE CITY COUNCIL Palo Alto, California RE: January 19, 2016 Agenda-Action Agenda Item# 5 -"Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 . (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor's Executive Order B-29-15" Dear Members of the Council: An item is scheduled for Tuesday, January 19, 2016 regarding Updates to the City's Water Efficient Landscape Ordinance (Action Item #5: "Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor's Executive Order B-29-15"). The ordinance attached to the published staff report misstated the scope of the new landscape regulations. A provision was mistakenly deleted that exempts landscapes that were not associated with a building permit and that did not require any other form of design, building, or planning review. The revised emergency ordinance includes the following additional language on page 5: "16.13.01 O Applicability (a) [ ... ] (d)This Chapter does not apply to: Attachment D :.·5·~r.:~.l ··.7v ··-t . -~, ... ?t.. ···"=" ..... ·: .ff THE HONORABLE CITY COUNCIL January 15, 2016 Page 2 of 2 RE: January 19, 2016 Agenda-Action Agenda Item# 5 -"Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor's Executive Order B-29-15" (2) Landscapes, or portions of landscapes, that are only irrigated for an establishment period; (3) Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation; (4) Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or (5) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms. The remainder of the proposed ordinance is unchanged. MSS/sh Attachment cc: James Keene, City Manager Beth Minor, Acting City Clerk Albert Yang Deputy City Attorney (1) Landscapes that do not require a building or landscape permit. plan check, or design review, or any other planning review, or new or expanded water service; *NOT YET APPROVED* Ordinance No. Ordinance of the City Council of the City of Palo Alto Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor's Executive Order B-29-15 The Council of the City of Palo Alto does ORDAIN as follows: Attachment A SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of Palo Alto. B. The ongoing drought continues to affect water supplies, agriculture, businesses, and communities throughout Palo Alto and the State of California. C. These conditions have led the Governor to declare a state of emergency, most recently in Executive Order B-36-15, the finding� of which are hereby adopted and incorporated by reference. D. These conditions have led the California Department of Housing and Community Development and the California Building Standards Commission to adopt Findings of Emergency HCD-EF-01-15 and BSC-EF-02-15, respectively, which are hereby adopted and incorporated by reference. E. The California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance ("Model Ordinance"), has been implemented by a Statewide Landscape Task Force which was overseen by the California Urban Water Conservation Council. The California Water Conservation in Landscaping Act was amended pursuant to AB 2717 (Chapter 682, Stats. 2004) and AB 1881 (Chapter 559, Stats. 2006). F. AB 1881 required cities and counties, no later than January 1, 2010, to adopt the updated Model Ordinance or an equivalent document which is "at least as effective as" the Model Ordinance in conserving water. G. On December 13, 2010, the City Council adopted local amendments to the California Green Building Standards Code that were at least as effective as the Model Ordinance in conserving water (Ordinance No. 5108). H. On April 1, 2015, Governor Brown issued Executive Order B-29-15, which directed State agencies to implement immediate measures to save water, increase 151221 jjs 016-DevServices 1 enforcement against water waste, and streamline government response to ongoing drought conditions. I. Executive Order B-29-15 directed the Department of Water Resources ("DWR") to update the State Model Ordinance through expedited regulation to increase water efficiency standards for new and existing landscapes through more efficient standards, greywater usage, onsite storm water capture, and limitations of the portions of landscape that can be covered in turf. J. The California Water Commission approved the proposed revisions to the State Model Ordinance on July 15, 2015. K. Local agencies are required to adopt the revised State Model Ordinance or adopt a local or regional ordinance at least as effective in conserving water. L. The City of Palo Alto has developed this Water Efficient Landscaping Ordinance in conjunction with the Bay Area Water Supply and Conservation Agency and other local agencies to meet the requirements and guidelines of the Model Ordinance and to address the unique physical characteristics, including average landscaped areas, within Palo Alto's jurisdiction in order to ensure that this Ordinance will be "at least as effective as" the Model Ordinance in conserving water. M. Although this Water Efficient Landscaping Ordinance is more streamlined and simplified than the Model Ordinance, this Ordinance is "at least as effective as" the Model Ordinance for the following reasons: 1. This Ordinance applies to more accounts than the Model Ordinance does because it lowers the size threshold for applicable rehabilitated landscapes from 2,500 square feet to of all to better reflect the typical landscaped areas located within Palo Alto's boundaries. 2. This Ordinance includes a default turf restriction of no turf or high water use plants in the irrigated area and requires that at least 80% of the plants in non-turf landscape areas be native plants, low-water using plants, or no-water using plants (unless the applicant elects to perform a water budget). The Model Ordinance does not contain any such default turf restrictions or specified plant requirements. 3. This Ordinance requires covers on newly constructed pools and spas. 4. By using the same water budget parameters as the Model Ordinance (e.g., plant factors, irrigation efficiency), this Ordinance will be 151221 jjs 016-DevServices 2 l,000 sq~are foetlandscape s as effective as the Model Ordinance in developing landscape water budgets. 5. By using the same landscape parameters as the Model Ordinance for, among other things, slope restrictions and width restrictions for turf, irrigation times, and minimum mulch requirements, this Ordinance will be at least as effective as the Model Ordinance in achieving water savings. N. Article X, Section 2 of the California Constitution and Section 100 of the California Water Code declare that the general welfare requires water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof. 0. This Ordinance is consistent with the provisions requiring reductions in outdoor water use for landscaping in the California Green Building Standards Code, as amended by the City Council. Such requirements include the development of a water budget for landscape irrigation in accordance with methodology outlined in either the Model Ordinance or pursuant to a locally adopted ordinance. P. The State Legislature has identified the provision of a more reliable water supply and the protection, restoration and enhancement of the Delta ecosystem as a high priority for the state. Pursuant to this, in November 2009, the State Legislature passed Senate Bill 7 (7th Extraordinary Session) requiring certain urban water suppliers to reduce per capita urban water use by 20% by the year 2020. Accordingly, the City Council finds that implementation of this Ordinance is consistent with the policies and goals established by the State Legislature in enacting SB 7 (7th Extraordinary Session). Q. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, policy, sanitary, and other ordinances and regulations not in conflict with general laws. R. The adoption of this Ordinance is separate and distinct from Palo Alto's adoption of a local ordinance relating to the use of recycled water in outdoor landscapes (Ordinance No. 5002). S. The adoption and enforcement of this Ordinance is necessary to manage Palo Alto's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within Palo Alto. This Ordinance is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. 151221 jjs 016-DevServices 3 SECTION 2. Section 12.32.040 (Indoor and outdoor water efficiency) of Chapter 12.32 (Water Use Regulations) of Title 12 (Public Works and Utilities) of the Palo Alto Municipal Code is hereby amended to read as follows: Pursuant to the California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance, Government Code§§ 65591, et seq. as amended, a city is required to adopt the State Landscape Model Ordinance or equivalent local landscape water efficiency requirements that are "at least as effective" as the state ordinance in conserving water. The council has adopted requirements that are at least as effective in reducing landscaping water use, also known as outdoor water use, as well as additional requirements for existing landscapes and indoor water use in 16.13 Efficient SECTION 3. Chapter 16.13 (Water Efficient Landscaping) is hereby added to Title 16 (Building Regulations) of the Palo Alto Municipal Code to read as follows: Sections: 16.13.010 16.13.020 16.13.030 16.13.040 16.13.050 16.13.060 16.13.070 16.13.080 16.13.090 16.13.100 16.13.110 16.13.120 16.13.130 16.13.140 16.13.150 16.13.160 16.13.170 16.13.180 16.13.190 16.13.200 16.13.210 16.13.220 Applicability Definitions WATER EFFICIENT LANDSCAPING Water Efficient Landscaping Requirements Compliance with Ordinance Landscape Project Application and Documentation Package Soil Management Report Water Budget Calculations Landscape Design Plan Irrigation Design Plan Grading Design Plan Certificate of Completion Landscape Audit Report Irrigation Scheduling Landscape and Irrigation Maintenance Schedule Stormwater Management and Rainwater Retention Recycled Water Graywater Systems Provisions for Existing Landscapes Provisions for Existing Landscapes Over One Acre in Size Violation and Penalties Enforcement -Citation Authority Public Education 151221 jjs 016-DevServices 4 Geae-}Chapter (Water Chapter Hi.14 (California Green Building Landscaping). 16.13.010 (a) projects: Applicability The provisions of this Chapter shall apply to all of the following landscape (1) New construction projects with landscape area of (2) Rehabilitated landscape projects with landscape area of (3) Existing landscapes limited to Sections 493, 493.1 and 493.2 in Division 2, Title 23 of the California Code of Regulations; all other existing landscapes shall only be subject to the provisions for existing landscapes provided for in Section 16.13.190 "Provisions for Existing Landscapes Over One Acre in Size". (4) Cemeteries. New and rehabilitated cemeteries shall only be subject to the provisions of Section 16.13.070 "Water Budget Calculations", Section 16.13.120 "Landscape Audit Report", and Section 16.13.140 "Landscape and Irrigation Maintenance Schedule." Existing cemeteries are limited to Section 16.13.190 "Provisions for Existing Landscapes Over One Acre in Size". (b) Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D. (c) For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D section {b){5). (d) This Chapter does not apply to: (1) Landscapes that do not require a building permit, plan checkL e-r-design or other or new or expanded water service; (2) Lan dscapes, or portions of landscapes, that are only irrigated for an establishment period; 151221 jjs 016-DevServices 5 an aggregate£ _£!]Y_ sizeequal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review; an aggregate£ any sizeequal to or greater than 1,000 square feet requiring a building ar landscape permit, plan check, or design review; New constructian ,uith irrigated landscape areas less than 500 square feet, rehabilitated landscapes with irrigateEI lanElscape areas less than 1,000 square feet, or or landscape review, any planning review, 16.13.020 (3) Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation; (4) Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or (5) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms. Definitions (a) "applied water" means the portion of water supplied by the irrigation system to the landscape. (b) "automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. (c) "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (d) "Certificate of Completion" means the document required under Section 492.9_Qf Title 23 of the California Code of (e) "certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. (f) "certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. (g) "check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. 151221 jjs 016-DevServices 6 Regulations. (h) "common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. (i) "compost" means the safe and stable product of controlled biologic decomposition of orga nic materials that is beneficial to plant growth. (j) "conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year. (k) "distribution uniformity" means the measure of the uniformity of irrigation water over a defined area. (I) "drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (m) "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. (n) "effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth. (o) "emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. (p) "established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. (q) "establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. (r) "Estimated Total Water Use" (ETWU) means the total water used for the landscape as described in Section VIII. (s) "ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. 151221 jjs 016-DevServices 7 (t) "evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. (u) "flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. (v) "flow sensor" means an inline device installed at the supply point of �he irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter. (w) "friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. (x) "Fuel Modification Plan Guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. (y) "graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers, as provided in Health and Safety Code Section 17922.12. (z) "hardscapes" means any durable material (pervious and non-pervious). (aa) "hydrozone" means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. (bb) "infiltration rate'' means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). (cc) "invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. (dd) "irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is 151221 jjs 016-DevServices 8 . not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "Watersense" labeled auditing program. {ee) "irrigation efficiency" {IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. {ff) "irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. {gg) "irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. {hh) "landscape architect" means a person who holds a license to practice landscape architecture in the state of California under Business and Professions Code, Section 5615. {ii) "landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development {e.g., open spaces and existing native vegetation). {jj) "landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. {kk) "Landscape Documentation Package" means the documents required under Section IV. {II) "landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this ordinance, meeting requirements under Section II. {mm) "landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. {nn) "lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. 151221 jjs 016-DevServices 9 (oo) "local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is a lso responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. (pp) "local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service. (qq) "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (rr) "low water use plant" means a plant species whose water needs are compatible with local climate and soil conditions. Species classified as "very low water use" and "low water use" by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants. (ss) "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. (tt) "master shut-off valve" is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. (uu) "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section IX. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA)+ ((1-ETAF) x SLA)] (vv) "median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses. (ww) "microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. (xx) ""microspray" means a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed 30 gallons 151221 jjs 016-DevServices 10 per hour at the largest area of coverage available for the nozzle series when operated at 30 psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets. (yy) "mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (zz) "mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. (aaa) "native plant" means a plant indigenous to a specific area of consideration. For the purposes of these guidelines, the term shall refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community(ies) of the project's vicinity. (bbb) "new construction" means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. (ccc) ·"non-residential landscape" means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas and multifamily homes where landscaping is managed by a homeowners association or other common interest development. (ddd) "no-water using plant" means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established. (eee) "operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. (fff) "overhead sprinkler irrigation systems" or "overhead spray irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). (ggg) "overspray" means the irrigation water which is delivered beyond the target area. (hhh) "parkway" means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress. (iii) "permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. 151221 jjs 016-DevServices 11 (jjj) "pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. (kkk) "plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the publication "Water Use Classification of Landscape Species". Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). (Ill) "project applicant" means the individual or entity submitting a Landscape Documentation Package required under Section IV, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. (mmm) "rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. (nnn) "record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. (ooo) "recreational area" means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens. (ppp) "recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water or reused water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption. (qqq) "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. (rrr) "Regional Water Efficient Landscape Ordinance" means a local Ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to. 151221 jjs 016-DevServices 12 (sss) "rehabilitated landscape" means any relahdscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1 of Title 23 of the California Code of and the modified landscape area is equal to or greater than 2,500 square feet. (ttt) "residential landscape" means landscapes surrounding single family homes or multifamily homes where landscapes are managed by individual homeowners. (uuu) "run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. (vvv) "soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. (www) "soil texture" means the classification of soil based on its percentage of sand, silt, and clay. (xxx) "Special La ndscape Area" (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water. (yyy) "sprinkler head" or "spray head" means a device which delivers water through a nozzle. (zzz) "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. (aaaa) "station" means an area served by one valve or by a set of valves that operate simultaneously. (bbbb) "swimming pool" means any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools. (cccc) "swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. (dddd) "submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. (eeee) "turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky 151221 jjs 016-DevServices 13 Regulations, bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. (ffff) "valve" means a device used to control the flow of water in the irrigation system. (gggg) "water conserving plant species" means a plant species identified as having a very low or low plant factor. (hhhh) "water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. (iiii) "watering window" means the time of day irrigation is allowed. (jjjj) "WUCOLS" means the current version of the Water Use Classification of Landscape Species current edition published by the University of California Cooperative Extension and the Department of Water Resources, 16.13.030 Water Conservation in Landscaping Requirements (a) Permit owner or authorized who intends to install or a to the of this or to cause such work to be shall first make to the Services and obtain a shall be Section 105 of the California Code and local amendments. (b) New Construction and Rehabilitated All owners of new construction and rehabilitated landscapes shall: (1) complete the Landscape Project Application and Documentation Package described in Section 16.13.050 and (2) comply with the Landscape and Irrigation Maintenance Schedule requirements of Section 16.13.140. (c) Over One Acre in Size. All owners of existing landscapes over one acre in size, even if installed before enactment of this Chapter, shall: (1) comply with City of Palo Alto programs that may be instituted relating to irrigation audits, surveys and water use analysis, and (2) shall maintain landscape irrigation facilities to prevent water waste and runoff. 151221 jjs 016-DevServices 14 available at: http://1,1caRr.ed1,1/sitesA¥UCOLS/Dowt=1lo€1d WUCOLS !V Ust/ 0rEliRclR68 Landscape Required. Any modify landscape subject requirements done, application Development landscape permit. Landscape permits governed by Building Landscapes. of applicable sizes Existing Landscapes agent Chapter, department 16.13.040 (a) Compliance with Ordinance. The Chief Official or shall: (1) Provide the project applicant with the Ordinance and Landscape Project Application and Documentation Package requirements and the procedures for permits, plan checks, design reviews, or new or expanded water service; (2) Review the Landscape Project Application submitted by the project applicant; (3) Approve or deny the project applicant's Landscape Project Application submittal; (4) Issue or approve a permit, that complies with the approved Landscape Project Application (5) (b) The project applicant shall: (1) Prior to construction, submit all portions of the Landscape Project Application, except the Landscape Audit Report, to the local agency; and (2) Upon approval of the Landscape Project Application by the l-e€a.J. (A) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion; (B) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and (C) submit a copy of the Water Efficient Landscape Worksheet to the Services 16.13.50 Landscape Project Application and Documentation Package (a) The elements of a landscape must be designed to achieve water efficiency and will comply with the criteria described in this Chapter. In completing the Landscape Project Application, project applicants may choose one of two options to demonstrate that the 151221 jjs 016-DevServices 15 local agencv Building designee plan check or design reviev, or approve a ne•.v or expanded water service application that complies •.vith the approved Landscape Project Application; Submit a copv of the complete Lani:iscape Project .'\13plication to the local •.vater purvevor or land use authoritv, as the case may be. agencvCity: local ·.vater 13urv:eyor-=-D-=e"'-ve=l=o=p.:..:..m.:.;:e=n=t ___ --=d.:.;:e:..i::p-=a.:...:rt=m"""e::..:.n=t. landscape meets the Chapter's water efficiency goals. Regardless of which option is selected, the applicant must complete and comply with all other elements of the Chapter. The options include: (1) Planting restrictions: (A) The landscape areas may include no turf or high-water using plants; and (B) At least 80% of the plants in landscape areas shall be native plants, low-water using plants, or no-water using plants; or the (2) Water Budget Calculation option (Section 16.13.070). (b) The Landscape Project Application shall include the following elements: (1) Project Information; (A) Date (B) Project Applicant (C) Project address (if available, parcel and/or lot numbers) (D) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-i nsta I led) (E) Total landscape area (Square feet) (F) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) Checklist of all documents in Landscape Documentation Package (H) Project contacts to include contact information for the project applicant and property owner (I) Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package;" (2) Water Budget Calculations, if applicant selects to use a water budget approach rather than comply with the turf area limitations or specified plant type restrictions (Section 16.13.070); 151221 jjs 016-DevServices 16 16.13.060 (3) Soil Management Report or Soil Management Survey (Section 16.13.060); (4) Landscape Design Plans (Section 16.13.080}; (5) Irrigation System Design Plans (Section 16.13.090}; and (6) Landscape Audit Report (Section 16.13.120); (7) Grading Design Plan or Grading Design Survey (Section 16.13.100). Soil Management Report In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, or the applicant shall complete a Soil Management Survey (Appendix E). The soil management report shall be completed as follows: (a) Submit soil samples to a laboratory for analysis and recommendations. (1) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (2) The soil analysis shall include: (A) soil texture; (B} infiltration rate determined by laboratory test or soil texture infiltration rate table; (C) pH; (D) total soluble salts; (E) sodium (F) percent organic matter; and (G) recommendations (3) In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots. 151221 jjs 016-DevServices 17 16.13.070 (4) The project applicant, or his/her designee, shall comply with one of the following: (A) If significant mass grading is not planned, the soil analysis report shall be submitted to the Services as part of the Landscape Documentation Package; or (B) If significant mass grading is planned, the soil analysis report shall be submitted to the Services as part of the Certificate of Completion. (5) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. (6) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion. Water Budget Calculations Project applicant may elect to complete a water budget calculation for the landscape project using the Water Efficient Landscape Worksheet in Appendix B. Water budget calculations, if prepared, shall adhere to the following requirements. (a) The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from from Oto 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. (b) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. (c) All Special Landscape Areas (SLA) shall be identified and their water use included in the water budget calculations. (d) The reference evapotranspiration adjustment factor (ETAF) for SLA shall not exceed 1.0. The ETAF for all other landscaped areas shall not exceed 0.55 for residential areas and 0.45 for non-residential areas. (e) ETo values from the Reference Evapotranspiration Table in Appendix A shall be used In calculating the Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU). For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference 151221 jjs 016-DevServices 18 local agenc"Develo 1 ==~pm~e!.!n!.t __ ~ department local ageno'Develo 7--'--=-=.!::'...l:!.p!.!.m~e:!.!nl.!:..t __ ..... . department Evapotranspiration Zones Map, Department of Water Resources, 1999.For the purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. (f) MAWA shall be calculated using the equation below: MAWA = (ETo) (0.62) [(0.55 x LA)+ (0.45 x SLA)] for residential areas MAWA = (ETo) (0.62) [(0.45 x LA)+ (0.55 x SLA)] for non-residential areas Where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 =Conversion Factor (to gallons) 0.55 = Reference Evapotranspiration Adjustment Factor (ETAF) for residential areas 0.45 = Reference Evapotranspiration Adjustment Factor (ETAF) for non-residential areas LA = Landscape Area including SLA (square feet) 0.45 =Additional Water Allowance for SLA in residential areas 0.55 = Additional Water Allowance for SLA in non-residential areas SLA =Special Landscape Area (square feet) (g) The Chief Official or or the project applicant may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate the MAWA: (1) MAWA = (ETo -Eppt) (0.62) [(0.55 x LA)+ (0.45 x SLA)] for residential areas. (2) MAWA = (ETo -EPPT) (0.62) [(0.45 x LA)+ (0.55 x SLA)] for non-residential areas. (h) Estimated Total Water Use (ETWU) will be calculated using the equation below. The sum of the ETWU calculated for all hydrozones will not exceed the MAWA. ETWU = (ETo)(0.62{ +SLA) Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF = Plant Factor from WUCOLS (see Section 491) 151221 jjs 016-DevServices 19 local agency ----'-B~ui_ld_in~g~ ___ d_e_s~ig~n_ee_ PFxHA IE 16.13.080 HA = Hydrozone Area [high, medium, and low water use areas] (square feet) 0.75 =Irrigation Efficiency {IE) for overhead spray devices 0.81 = Irrigation Efficiency (IE) for drip system devices SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor Landscape Design Plan For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (a) Plant Material. (1) Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following: (A) Protection and preservation of native species and natural vegetation (B) selection of water-conserving plant, tree and turf speCies, especially local native plants; (C) selection of plants based on local climate suitability, disease and pest resistance; (D) selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and (E) selection of plants from local and regional landscape program plant lists. (F) selection of plants from local Fuel Modification Plan Guidelines. (2) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section (3) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the 151221 jjs 016-DevServices 20 X (/\Hii)(4 )16.13.090(d)(4). project site. Methods to achieve water efficiency shall include one or more of the following: (A) use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; (B) recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; (C) consider the solar orientation for plant placement to maximize summer share and winter solar gain. (4) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (5) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians. (6) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines. (7) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged. (8) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. (b) Water Features. (1) Recirculating water systems shall be used for water features. (2) Where available, recycled water shall be used as a source for decorative water features. 151221 jjs 016-DevServices 21 shall: (3) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (4) Pool and spa covers are required on any newly constructed pool or spa. (c) Soil Preparation, Mulch and Amendments. (1) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. (2) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section VII}. (3) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. (4) A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (5) Stabilizing mulching products shall be used on slopes that meet current engineering standards. (6) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement. (7) Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (d) Plan contents. The landscape design plan, at a minimum, (1) delineate and label each hydrozone by number, letter, or other method; 151221 jjs 016-DevServices 22 Landscape Design (2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; (3) identify recreational areas; (4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water; (6) identify type of mulch and application depth; (7) identify soil amendments, type, and quantity; (8) identify type and surface area of water features; (9) identify hardscapes (pervious and non-pervious); (10) identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the Services for information on any applicable stormwater technical but not limited to the of 16.11. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section x.v.1-16.13.150. (11) identify any applicable rain harvesting or catchment technologies as discussed in Section XW-16.13.150 and their 24-hour retention or infiltration capacity; (12) identify any applicable graywater discharge piping, system components and area(s) of distribution; (13) contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and (14) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Busi ness and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.). 151221 jjs 016-DevServices 23 local ageAcy or regioAal Water Quality CoAtrol BoardDevelopment department requirements,_, ;.;..in=c=lu=d=in""'"g..__ ____ _ requirements Chapter 16.13.90 Irrigation Design Plan This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (a) System. {1} Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq.ft. {the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A-For the of this a landscape water meter may be either: {A) a customer service meter dedicated to landscape use provided by the or {B) a privately owned meter or submeter. (2) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems. (3) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. (A) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. (B) 151221 jjs 016-DevServices Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not 24 Irrigation purposes requirement, local water p1::1rveyorUtilities department; available at the design stage, the measurements shall be conducted at installation. (4) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (5) Manual shut-off valves (such as a gate va lve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. (6) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. (7) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger. (8) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features. (9) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. (10) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (11) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (12) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section ¥m 16.13.070 regarding the Maximum Applied Water Allowance. (13) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/lnternational Code Council's 151221 jjs 016-DevServices 25 (ASABE/ICC} 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. (14) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (15) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. (16) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. (17) Head to head toverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (18) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass. (19) Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur. (20) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (21) Overhead irrigation shall not be permitted within 24 inches of any non permeable surface. Allowable irrigation within the setback from non permeable surfaces may include drip, drip line, or other low flow non spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: (A) (B) 151221 jjs 016-DevServices the landscape area is adjacent to permeable surfacing and no runoff occurs; or the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or 26 (C) the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Prevention of overspray and runoff must be confirmed during the irrigation audit. (22) Slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (b) Hydrozone. (1) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (2) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (3) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (4) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if: (A) plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or (B) the plant factor of the higher water using plant is used for calculations. (5) Individual hydrozones that mix high and low water use plants shall not be permitted. (6) On the Landscape Design Plan and Irrigation Design Plan, hydrozone areas shall be designated by number, letter, or other designation. On the Irrigation Design Plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller. 151221 jjs 016-DevServices 27 Section X (A)!l)Section 16.13.090(a). (c) Plan contents. The Irrigation Design Plan, at a minimum, shall contain: 16.13.100 {1) location and size of separate water meters for landscape; {2) location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; (3) static water pressure at the point of connection to the public water supply; (4) flow rate {gallons per minute), application rate {inches per hour), and design operating pressure {pressure per square inch) for each station; (5) recycled water irrigation systems as specified in Section X¥U16.13.160; (6) the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and (7) the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) Grading Design Plan For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan or completed Grading Design Survey {Appendix E)shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement. {a) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: (1) height of graded slopes; (2) drainage patterns; (3) pad elevations; 151221 jjs 016-DevServices 28 Irrigation Design (4) finish grade; and (5) storm water retention improvements, if applicable (b) To prevent excessive erosion and runoff, it is highly recommended that project applicants: 16.13.110 (1) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes; (2) avoid disruption of natural drainage patterns and undisturbed soil; and (3) avoid soil compaction in landscape areas. Certificate of Completion (a) The Certificate of Completion (see Appendix C for a sample certificate) shall include the following six (6) elements: (1) Project information sheet that contains: (A) Date (B) Project name (C) Project applicant name, telephone, and mailing address; (D) Project address and location; and (E) Property owner name, telephone, and mailing address (2) certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; (A) where there have been changes made in the field during construction, these "as-built" or record drawings shall be included with the certification; (B) a diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. (3) irrigation scheduling parameters used to set the controller (see Section W16.13.130); 151221 jjs 016-DevServices 29 sigr1ificaRt (4) landscape and irrigation maintenance schedule (see Section X¥16.13.140); (5) irrigation audit report (see Section and (6) soil analysis report or soil management survey, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section ¥»16.13.060). (b) The project applicant shall: (1) submit the signed Certificate of Completion to the teEat Services fo r review; (2) ensure that copies of the approved Certificate of Completion are submitted to the property owner or his or her designee. (c) The Official or shall: 16.13.120 (1) receive the signed Certificate of Completion from the project applicant; (2) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. Landscape Audit Report (a) The Landscape Audit Report shall include, but is not limited to : inspection to confirm that the landscaping and irrigation system were installed as specified in the Landscape and Irrigation Design Plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule. (b) The Landscape Audit Report shall include the following statement: "The landscape and irrigation system has been installed as specified in the Landscape and Irrigation Design Plan and complies with the criteria of the Palo Alto Water Efficient Ordinance and the permit". (c) Chief Official or shall administer on-going programs that may include, but are not be limited to, post-installation landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys and water budget calculations to evaluate compliance with the MAWA. 151221 jjs 016-DevServices 30 x+H16.13.120); agencyDevelopment department local water purveyor and local agencyChief Building designee Landscape Local agenc>yT_h_e ___ Bu_i_ld_in~g~ ____ de_s~ig~n_e_e 16.13.130 Irrigation Scheduling For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (a) Irrigation scheduling shall be regulated by automatic irrigation controllers. (b) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (c) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowa nce (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. (d) Parameters used to set the automatic controller shall be developed and submitted for each of the following: apply: (1) The plant establishment period; (2) The established landscape; and (3) Temporarily irrigated areas (e) Each irrigation schedule shall consider for each station all of the following that (1) irrigation interval (days between irrigation); (2) irrigation run times (hours or minutes per irrigation event to avoid runoff); (3) number of cycle starts required for each irrigation event to avoid runoff; (4) amount of applied water scheduled to be applied on a monthly basis; (5) application rate setting; (6) root depth setting; 151221 jjs 016-DevServices 31 16.13.140 (7) plant type setting; {8) soil type; (9) slope factor setting; {10) shade factor setting; and (11) irrigation uniformity or efficiency setting. Landscape and Irrigation Maintenance Schedule (a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. (b) A regular maintenance schedule shall include, but not be limited to: {1) routine inspection; (2) auditing; {3) adjustment and repair of the irrigation system and its components; (4) aerating and dethatching turf areas; (5) topdressing with compost; replenishing mulch; {6) fertilizing; (7) pruning; {8) weeding in all landscape areas; and {9) removing obstructions to emission devices. (c) Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (d) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. (e) A Project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities. 151221 jjs 016-DevServices 32 16.13.150 Stormwater Management and Rainwater Retention (a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged. (b) Project applicants shall refer to 16.11and 16.28 of this Code and the for information on any applicable stormwater technical requirements. (c) All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section (d) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: the one inch, 24-hour rain event or (2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation. (e) It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use: (1) Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas. (2) Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways. (3) Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff. (4) Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse. (5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems. (6) Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil. (7) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. 151221 jjs 016-DevServices 33 Chapters any _re~g~u_la_ti_o_ns~pu_b_li_sh_e_d_b_y~_C_it~ythe local agency or Regional 1A1ater Quality Control Board IX (A)(iii)16.13.080(c). 16.13.160 Recycled Water The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. 16.13.170 Graywater Systems Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section +J. for the applicability of this ordina nce to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater. 16.13.180 of Palo Alto may by mutual agreement; designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. of Palo Alto may collaborate with to define each entity's specific responsibilities relating to this ordinance. 16.13.190 Provisions for Existing Landscapes Over One Acre in Size (a) This section shall apply to all existing landscapes that were installed before February 1, 2016, and are over one acre in size. (b) Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (1) For landscapes that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the MAWA for existing landscapes. The MAWA for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). 151221 jjs 016-DevServices 34 I ftij16.13.010{b) (f) The local agency must comply v.iith the California environmental Quality Act (CfQA), as appropriate. Pr:evisieRs fer liKistiRg baRdssapesCollaboration With Other Agencies A local agencyThe City local agencies_T_he_C_ity~----water purveyorsother agencies (2) For landscapes that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (3) All landscape irrigation audits for existing landscapes that are greater than one acre in size shall be conducted by a certified landscape irrigation auditor. (c) Water Waste Prevention. 16.13.200 (1) owners shall not runoff leave the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. (2) The Chief Official or Rrestrictions regarding overspray and runoff if: {A) the landscape area is adjacent to permeable surfacing and no runoff occurs; or {B) the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping. Violations and Penalties firm or of this is of a misdemeanor and conviction thereof shall be as in subsection of Section 1.08.010 of this code. As in 1.12 and 1.16 of this violations or be to administrative citation or order. Each or thereof which violation of this occurs or continues shall be deemed to constitute a as in this section. When the Chief Official determines that a violation of this has record a notice of of code violation with the Office of the Recorder the address and owner of the involved. When the violation has been the Chief Official shall issue and record a release of the notice of of code violation. 151221 jjs 016-DevServices 35 Local agencies shall prevent i,vater 1.vaste resulting from inefficient landscape irrigation by prohibiting Property permit from leaving,_to __ _ Building designee may modify may be modified Any person, corporation violating any provision chapter guilty upon punished provided (a) . provided Chapters code, may additionally alternatively subject compliance separate day any portion during any chapter separate offense, punishable provided Building chapter occurred, he/she may pendency County stating property corrected, Building pendency /\ local agency may establish and administer penalties to the project applicant for non compliance with this Ordinance to the e>rtent permitted by la1.v. 16.13.210 __ Enforcement -Citation The in this section enforce the of this the issuance of in such are authorized to exercise the in Penal Code Section 836.5 and are authorized to issue citations for violations of this The are: Chief Director of and Code enforcement officer. 16.13.220 Public Education (a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. The Official or shall provide information to all applicants regarding the design, installation, management, and maintenance of water-efficient landscapes and irrigation systems. (b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water-efficient landscapes that are described in this Ordinance. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as 151221 jjs 016-DevServices 36 B. Violation and Notice of Correction. It is unlmNful for any person, firm, partnership, association, or corporation subject to the requirements of this Ordinance to fail to comply with the outdoor water use efficiency requirements of this Ordinance. The Chief Building Official or designee has the authority to conduct such inquiries, audits or surveys to ensure compliance 1.vith the requirements of this Ordinance. Whenever the Chief Building Official or designee determines that a violation of this Ordinance has occurred, he or she may serve a notice of correction on the ovmer(s) of the property on which the violation is situated. The ovmer(s) of record shall have ninety (90) days to take corrective action. [-l Administrative Enforcement. In addition to any other remedy provided by the [insert entity's name-j's Municipal Code, any provision of this Ordinance may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in Section of the [insert entity's name-j's Municipal Code. The [insert commission/governing body) shall serve as the administrative enforcement hearing officer for the purposes of considering any appeals. Authority employee positions designated may provisions chapter by citations; persons employed positions authority provided chapter. designated employee positions (1) Building Official; (2) Building Inspection Supervisor; (3) Development Services, (4) local agencyChief Building designee designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. 16.13.230 Appendices The Development Services department shall maintain, update, and publish the following appendices, which are hereby incorporated into this Ordinance as if set forth fully herein. (a) Reference Evapotranspiration (ETO) Table (b) Water Efficient Landscape Worksheet (c) Certificate of Completion (d) Prescriptive Compliance Option (e) Soil and Grading Design Survey (f) Outdoor Water Efficiency Checklist SECTION 4. Chapter 16.14 (California Green Building Standards Code) of Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby amended to repeal in their entirety the following sections: A. 16.14.140 Section A4.106.3 Landscape design. B. 16.14.200 Section A4.304.1 Low-water consumption irrigation system. C. 16.14.210 Section A4.304.4 Potable water reduction. D. 16.14.220 Section A4.304.6 Irrigation metering device. E. 16.14.310 Section 5.304.3.2 Irrigation efficiency. F. 16.14.340 Section AS.304.4 Potable water reduction. SECTION 5. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid. 151221 jjs 016-DevServices 37 SECTION 6. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act ("CEQA"} pursuant to Section 15307 (the activity assures the maintenance, restoration, enhancement, or protection of a natural resource} and Section 15378(b}(2} (the activity is not a project as it involves general policy and procedure making} of the State CEQA Guidelines since it makes and implements policies and procedures to ensure that water resources are conserved by reducing water consumption through the establishment of a structure for planning, designing, installing, maintaining and managing water-efficient landscapes. SE,CTION 7. The City Council finds and declares that, for the reasons provided in Section 1, this Ordinance is necessary as an emergency measure for preserving the public peace, health, or safety. Pursuant to Palo Alto Municipal Code section 2.04.270(d}, this Ordinance shall take full force and effect immediately upon adoption by a vote of four-fifths of the council members present. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATIEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Deputy City Attorney City Manager Director of Development Services Director of Administrative Services 151221 jjs 016-DevServices 38