Special Meeting
November 29, 2022
The Finance Committee of the City of Palo Alto met on this date in the Community Meeting Room and by virtual teleconference at 5:30 P.M.
Present In-Person: Filseth, Kou
Present Virtually: DuBois (Chair)
Absent:
Agenda Items
1. Discussion and Recommendation to the City Council Accept the Macias Gini & O’Connell’s (MGO) Audit of the City of Palo Alto’s Financial Statements as of June 30, 2022
MOTION: Council Member Filseth moved, seconded by Chair DuBois to recommend the City Council approve the City of Palo Alto’s audited financial statements for the fiscal year ended June 30, 2022 and the accompanying reports provided by Macias Gini & O’Connell LLP.
MOTION PASSED: 3-0
2. Approval of the FY 2022 Annual Comprehensive Financial Report (ACFR) and Year-End Budget Amendments in Various Funds
MOTION: Council Member Filseth moved, seconded by Chair DuBois to recommend the City Council approve:
1. The City’s Fiscal Year (FY) 2022 Annual Comprehensive Financial Report (ACFR); and
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ACTION MINUTES
Sp. Finance Committee Meeting
Action Minutes: 11/29/2022
2. Amend the FY 2022 Budget Appropriation Ordinance for various funds as identified in the attached Recommended Amendments to the City Manager’s FY 2022 Budget (Operating Budget: Attachment B – Exhibit 1; Capital Budget: Attachment B – Exhibit 2).
MOTION PASSED: 3-0
3. Staff Recommends the Finance Committee Recommend the City Council Adopt a Resolution Amending Electric Rate Schedule E -HRA (Electric Hydro Rate Adjuster) Increasing the Current E-HRA Rate to $0.050/kWh Effective January 1, 2023
MOTION: C hair DuBois moved, seconded by Council Member Filseth to recommend the City Council adopt a Resolution of the Council of the City of Palo Alto Amending the Electric Hydro Rate Adjuster rate schedule (E-HRA), Increasing the Current E-HRA Rate to $0.048/kWh Effective January 1, 2023, to reflect current hydrological conditions and market purchase costs. This would replace the existing EHRA surcharges and discounts across all levels, and increase the current E-HRA rate from $0.013/kWh to $0.048/kWh.
MOTION PASSED: 3-0
4. Discussion and Update on Sanitary Sewer Main Replacement Acceleration Alternatives
NO ACTION
Future Meetings and Agendas
Adjournment: The meeting was adjourned at 8:02 P.M.
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CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: CONSENT REPORT
Lead Department: City Clerk
Meeting Date: January 23, 2023
TITLE
Adoption of a Resolution to Extend the Appointment of Adriane D. McCoy of Baker Tilly US, LLP as Interim City Auditor Through April 30, 2023
RECOMMENDATION
The City Council is recommended to adopt a resolution extending the appointment of Adriane D. McCoy, Certified Internal Auditor (CIA) of Baker Tilly US, LLP, as Palo Alto’s Interim City Auditor through April 30, 2023.
EXECUTIVE SUMMARY
This action extends the appointment of Adriane D. McCoy as Interim City Auditor from January 31, 2023 through April 30, 2023. This additional time will allow the Council Appointed Officer’s Committee to meet to address the next steps for filling the City Auditor position for the medium to long term.
BACKGROUND
The Palo Alto Charter provides that the City Council appoint an Auditor who serves at the Council’s will. The Charter describes the Auditor’s key duties. (See Charter, Art. IV, sections 1 and 12.)
In February 2020, the Council directed the Council Appointed Officers (CAO) Committee to conduct a solicitation for outsourced internal auditing services. After an extensive procurement process, the CAO Committee recommended finalists for Council consideration. On September 28, 2020, the Council approved a contract beginning October 1, 2020 with Baker Tilly US, LLP, as Palo Alto’s City Auditor and other supporting personnel. with specific employees of the company to be formally appointed to the City Auditor position. The original contract ended June 30, 2022, for a not-to-exceed amount of $1,300,000 and on May 9, 2022, the Council approved an amendment to the contract to: 1) extend the term to June 30, 2025, 2) revise the project scope, and 3) increase the contract amount by $2,126,250 to a not-to-exceed amount of $3,426,250 over five years.
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On August 17, 2022, the City received notification from Baker Tilly informing the City that a change in the Palo Alto City Auditor appointment would be necessary due to staffing changes at the company. On August 22, 20221 the City Council took action to “request up to three individuals to interview from Baker Tilly to act as an interim Auditor, and the Council Appointed Officers Committee to meet to address the next steps for filling the Auditor position for the medium to long term.” The City’s contract with Baker Tilly (Exhibit A, Scope of Services under “Designation of City Auditor”) addresses the potential for a vacancy in the City Auditor appointment.
On August 30, the Council interviewed three candidates and on September 19, 2022, the Council adopted a resolution appointing Adriane D. McCoy of Baker Tilly US, LLP as the Interim City Auditor through January 31, 20232.
ANALYSIS
This action recommends a three (3) month extension to the interim appointment of the City Auditor from January 31, 2023 through April 30, 2023. This additional time is requested to provide the 2023 City Council, sworn into office on January 9, 2023, and the Council Appointed Officer’s Committee, time to meet and determine next steps for the medium- and long-term appointment of a City Auditor. Further action will be brought forward upon feedback from the Council Appointed Officer’s Committee.
Baker Tilly is a comprehensive professional services firm with a group dedicated to state and local governmental clients. Baker Tilly’s experience extends across more than 40 states with specific public sector clients in California such as the cities of Carlsbad, Riverside, Burbank, Modesto and Richmond and several utility clients including Sacramento Municipal Utility District, Imperial Irrigation District, Northern California Power Agency, San Diego Gas & Electric, Glendale Utilities, Pasadena Water and Electric, Anaheim Public Utilities, and the California Public Utilities Commission. This is notable as Palo Alto owns and operates its own utilities.
FISCAL/RESOURCE IMPACT
There is no resource impact associated with this interim appointment. The BakerTilly contract is executed and budgeted in the FY 2023 Adopted Budget.
STAKEHOLDER ENGAGEMENT
This work has been based on extensive prior discussion and direction from the City Council during multiple public meetings beginning in 2020. Staff in coordination with Baker Tilly and the City Council completed the interviews to bring forward this interim appointment in September 1 City Council August 22, 2022, Item #AA3, CMR:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20220822/20220822pccsm-amended-redacted-linked.pdf#page=335 2 City Council September 19, 2022, Item #4, CMR #14760, https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9054&compileOutputType= 1 ITEM 9
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2022. Further discussion and engagement is expected with the Council Appointed Officers Committee, as directed by Council, to meet to address the next steps for filling the Auditor position for the medium to long term.
ENVIRONMENTAL REVIEW
This action is exempt from CEQA and requires no further environmental review.
ATTACHMENTS
Attachment A: Resolution Extending Appointment of Adriane D. McCoy as Palo Alto Interim City Auditor
APPROVED BY:
Lesley Milton, City Clerk
Report #: 2301-0759
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NOT YET APPROVED
Resolution No. ____
A Resolution of the City Council for the City of Palo Alto Extending the Appointment of Adriane D. McCoy, Director with Baker Tilly US, LLP, as the Palo Alto Interim City Auditor.
R E C I T A L S
A. The Palo Alto City Charter specifies the duties and functions of the City Auditor for the City of Palo Alto;
B. The Charter further specifies that the City Council shall appoint the City Auditor; C. The Council received notification that its current City Auditor, Kyle O’Rourke, is no longer with the City’s service provider, Baker Tilly US, LLP and will no longer serve as Palo Alto’s City Auditor;
D. The Council requested up to three candidates from Baker Tilly US, LLP and conducted interviews with candidates to serve as City Auditor;
E. The Council, on September 19, 2022, appointed Adriane D. McCoy, Director for Baker Tilly US, LLP, as interim City Auditor for the City of Palo Alto for a term ending January 31, 2023;
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The Council hereby extends the appointment of Adriane D. McCoy, Director for Baker Tilly US, LLP, as interim City Auditor for the City of Palo Alto; SECTION 2. Adriane D. McCoy shall serve as interim City Auditor at the will of the Council as provided by the Charter, and shall further serve according to all of the terms and provisions of the Charter, the Municipal Code and the agreement for outsourced internal auditing services between the City of Palo Alto and Baker Tilly US, LLP; and SECTION 3. Nothing in this action confers employment or other employee rights, responsibilities and obligations to Adriane D. McCoy or Baker Tilly US, LLP.; and / /
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SECTION 4. This resolution shall be effective immediately. The appointment of Adriane D.
McCoy as interim City Auditor shall end on April 30, 2023 or on the expiration of the agreement for outsourced internal auditing services between the City of Palo Alto and Baker Tilly US, LLP, including any amendment, extension or termination approved by the Council, whichever is sooner.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM:
__________________________
City Attorney
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CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: CONSENT
Lead Department: Community Services
Meeting Date: January 23, 2023
TITLE
Approval of Contract with CivicPlus, LLC (C23186719) for CivicRec Recreation Management Software for a Period of Six Years in an Amount Not to Exceed $735,065 (Including a 5% Contingency for Additional Services Amount of $29,229)
RECOMMENDATION
Staff recommends the City Council approve and authorize the City Manager or their designee to execute Contract No. C23186719 with CivicPlus, LLC for CivicRec recreation and facility management software renewal for six years from January 1, 2023 to December 31, 2028, in an amount not to exceed $735,065 (including a 5% percent contingency for Additional Services in the amount of $29,229).
BACKGROUND
The Community Services Department (CSD) uses a Recreation Management Software, CivicRec, to process program registrations, facility rentals, membership sales, ticket sales, and point of sale transactions throughout the department. The system allows customers to view the Enjoy! Catalog and self-register for classes and camps, purchase tickets and reserve facility spaces. The system can also generate custom reports such as number of registrations, including by residents and non-residents, class waitlists, and others. The reporting features in CivicRec are quite robust and gives staff the ability to create reports based on specific informational needs by adjusting the filters and fields in each report. CivicRec also allows staff to send periodic email announcements and reminders to registered users. CivicRec provides an export of CSD programming for the Enjoy! Catalog that is produced five (5) times a year.
Some of the features of CivicRec that directly benefits customers and class instructors include:
•Automatically directs the customer to a specific grouping of activities, programs, or facility rentals.
•Capability for customers to save their credit cards with end-to-end encryption resulting in a quicker checkout process for customers who are signing up for activities (in-person and from home) and enables auto-pay set up for rental customers.
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•At the end of an activity or rental, CivicRec generates and auto-sends a custom survey to participants for feedback.
•From the customer interface, the customer can view their position on a waitlist, check facility rental availability, and view transaction receipts. •Instructors and contractors have limited access to the system to view class rosters and important information such as emergency contacts for participants. •Instructors of drop-in pass programs, such as the BOOST! adult fitness program, have the ability to scan in participants at the start of class.
CivicRec is currently in use by both the Palo Alto Junior Museum and Zoo and the Children’s Theatre for ticket sales. However, due to the one-time nature of these ticket purchase transactions, these facilities will transition to a new ticketing system in Fiscal Year 2023 to make the user experience for these facilities more efficient for the customer.
Request for Proposals Process
In November 2018, the City issued a Request for Proposals (RFP) for recreation management software, as the contract term for the previous system, ActiveNet, was ending in December 2019.
After a competitive solicitation process, bids from six different service providers were reviewed and a contract was awarded to CivicRec on August 19, 2019. More information on the original RFP and service provider selection process can be found in Staff Report #10440.
The transition to CivicRec on December 3, 2019 was only possible after extensive research during the RFP process, historical data preservation from ActiveNet, data transfer into CivicRec, CivicRec system configuration, and hardware setup. The configuration process for City staff to use CivicRec to its fullest capability required a lot of assistance from the IT Department, and due to the pandemic was a process that took nearly two years to complete. Staff training is an ongoing and continual process.
An exemption to competitive solicitation was approved by the City Manager pursuant to PAMC
2.30.260(b)(2). To ensure there is no disruption of services provided to the community, and no increased demands on staff time to configure a new system, staff recommends continuing with CivicRec for an additional six years to maximize the return on our investment since its 2019 implementation. In addition, staff does not anticipate significant changes in registration and facility booking technology and expects pricing to remain competitive.
DISCUSSION
The contract covers the term of January 1, 2023 through December 31, 2028, for a not-to-exceed amount of $735,065. This is in alignment with the fee schedule included in the current contract that states in year three and beyond, the service rates will increase 5% per year. A 5% per year contingency amount is included to use for special system build requests to add features to improve efficiencies for both staff and customers.
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Fiscal Year Annual Fee Contingency Funds Total/fiscal year FY23 Jan 1 – June 30 $50,378 $0 $50,378
FY24 $105,793 $5,290 $111,083
FY25 $111,082 $5,555 $116,636
FY26 $116,636 $5,832 $122,468
FY27 $122,469 $6,124 $128,592
FY28 $128,591 $6,430 $135,021
FY29 July 1- Dec 31 $70,887 $0 $70,887
Total Contract Amount: $735,065
FISCAL/RESOURCE IMPACT
Staff is making the recommendation to extend the existing contract instead of issuing a new RFP to ensure that the user experience of the City’s 48,173 number of registered CivicRec users is not disrupted, to leverage the significant staff resources used to implement the current system, and ensure other priorities can be focused on instead of the dedication and time needed to issue a new RFP and onboard a new system.
The Community Services Department’s FY 2023 Adopted Operating Budget has sufficient funding the absorb the cost of the contract, with no additional budget action being required for the current fiscal year. Funding for future years will be subject to Council’s adoption of future budgets, and if necessary, requests for additional funding in alignment with escalating contract costs will be brought forward as a part of the City’s annual budget development process.
STAKEHOLDER ENGAGEMENT
Although Community Services Department staff is satisfied with the performance of CivicRec and would like to continue with the software, staff did take into consideration other vendors providing similar Recreation Management Software. Staff consulted with the IT Department on the resources that would be required to migrate to a different system while also retaining historical information. Staff also assessed the time and resources required to learn and configure a new system. In consideration of the comprehensive resources that would be required and inconvenience to community members who use the current system, staff is recommending a renewal of the contract with CivicPlus.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because the approval of a recreation management software does not involve any commitment to any specific project which may result in potentially significant impact on the environment per the California Environmental Quality Act (CEQA), section 15378(b)(4).
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ATTACHMENTS
Attachment A: CivicPlus Contract C23186719
APPROVED BY:
Kristen O'Kane, Community Services Director
Report #: 2301-0764
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CITY OF PALO ALTO CONTRACT NO. C23186719
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND CIVICPLUS, LLC
This Agreement for Professional Services (this “Agreement”) is entered into as of the 1st day of January , 2023 (the “Effective Date”) , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CIVICPLUS, LLC , a Kansas Limited Liability Company, located at 302 S. 4th Street, Suite 500, Manhattan, Kansas, 66502(“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to award a contract ( the “Project”) and desires to engage a consultant to continue to provide support for CivicRec Recreation Management Software in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represent s that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation). CONSULTANT DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for on- call Services shall be specified by CITY in the Task Order , based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter -signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on- call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on- call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31, 2028 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement. Both parties acknowledge Exhibit “B” is a non-binding estimate only and not governed by the time is of the essence requirement . Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for dela y if the extension is required due to the fault of CONSULTANT. Notwithstanding the foregoing, CONSULTANT shall not be liable for any delays caused by the actions of inactions of the CITY.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Seven Hundred Five Thousand, Eight Hundred Thirty-Six Dollars ($705,836.00). The hourly schedule of rates, if applicable, is set out in Exhibit C -1, entitled “ SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not- to-exceed compensation amount for Additional Services is allocated below under this Section
4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not - to-exceed compensation amount of Twenty-Nine Thousand, Two Hundred Twenty-Nine Dollars ($29,229.00) for the performance of Additional Services ( as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C , shall not exceed Seven Hundred Thirty- Five Thousand, Sixty-Five Dollars ($735,065.00), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A . CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services , if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1, entitled “PROFESSIONAL SERVICES TASK ORDER ”.
Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for Additional Services shall be specified by CITY in the Task Order , based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter -signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4 . Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit annual invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the S ervices, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C -1. If applicable, the invoice shall also describe the percentage of DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice , such acceptance shall not be unreasonably withheld.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess 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 subcontractors, if any, have and shall maintain during the term of this Agreement all applicable licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all applicable 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 , as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , solely arising from or caused by solely CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. This section intentionally omitted.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY , nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees.
CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the C ity Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the parties. N otwithstanding the foregoing, Consultant may assign and transfer all of its rights under this Agreement by a sale of all of its assets or merger.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 ( Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are:
CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors . CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT . After execution of this Agreement, CONSULTANT will assign a the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day -to-day performance of the Services. CONSULTANT, at CITY’s reasonable request, may promptly remove CONSULTANT personnel w ho CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Cayla Koga , [email protected] Community Services DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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Department, 1305 Middlefield, Palo Alto, CA , 94301, Telephone: (650) 463-4902. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS.
Upon full and complete payment of amounts owed for project development under this Agreement, City will own the website graphic designs, webpage or Services content, module content, importable/exportable data, and archived information (“City Content”) creat ed by Consultant on behalf of City pursuant to this Agreement. “City Content” also includes any elements of text, graphics, images, photos, designs, artworks, logos, trademarks, services marks, and other materials or content which City provides or inputs i nto any website, software or module in connection with any Services. City Content excludes any content in the public domain; and any content owned or licensed by Consultant, whether in connection with providing Services or otherwise.
Upon completion of the project development, City will assume full responsibility for City Content maintenance and administration. City, not Consultant, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectua l property ownership or right to use of all City Content. City hereby grants Consultant a worldwide, non - exclusive right and license to reproduce, distribute and display the City Content as necessary to provide the Services , and such license shall terminat e upon termination of this Agreement . City represents and warrants that City owns all City Content or that City has permission from the rightful owner to use each of the elements of City Content; and that City has all rights necessary for Consultant to use the City Content in connection with providing the Services.
At any time during the term of this Agreement, City will have the ability to download the City Content and export the City data through the Services. City may request Consultant to perform the export of City data and provide the City data to City in a commonly used format at any time, for a fee to be quoted at time of request and approved by City. Upon termination of this Agreement for any reason, whether or not City has retrieved or requested t he City data, Consultant reserves the right to permanently and definitively delete the City Content and City data held in the Services thirty (30) days following termination of this Agreement. During the thirty (30) day period following termination of this Agreement, regardless of the reason for its termination, City will not have access to the Services.
Intellectual Property in the software or other original works created by or licensed to Consultant, including all source code, documents, and materials used in the Services (“CivicPlus Property”) will remain the property of Consultant . CivicPlus Property specifically excludes City Content. City shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in this Agreement; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or internet -based device that may allow third party entities, other than City, to use the Services; (iv) reverse engineer, decom pile, disassemble or otherwise attempt to obtain the source code to all or any portion of the Services; or (v) access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of Consultant , and no right or license is granted to use them outside of the licenses set forth in this Agreement.
Provided City complies with the terms and conditions herein, and license restrictions set forth in this section, Consultant hereby grants City a limited, nontransferable, nonexclusive, license to access and use the CivicPlus Property associated with this A greement for the term of this Agreement.Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services Furthermore, Consultant will not be liable for any act, omission of act, negligence or defect in the quality of service of any third- party provider of internet hosting or cloud computing (including but not limited to Amazon AWS, Google Cloud, or ISPs that provide general internet services to Consultant); however, Consultant agrees to use its best efforts to enforce any quality- of-service provisions or guarantees with such providers.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement , including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor), at the CITY’s sole expense . CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including reasonable attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, or directly related to the extent of the negligent performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed t o require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
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16.3. The acceptance of CONSULTANT’s S ervices and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 16.A. LIMITATION OF LIABILITY.
16.A.1. LIMITATION OF LIABILITY OF
CONSULTANT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
IN NO EVENT SHALL CONSULTANT BE LIABLE TO CITY, REGARDLESS OF WHETHER
ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR SPECIAL, CONSEQUENTIAL,
INDIRECT OR INCIDENTAL DAMAGES OR FOR ANY LOSS OF PROFIT OR LOSS OF
BUSINESS BY CITY, EVEN IF CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH POTENTIAL CLAIM, LOSS OR DAMAGE. EXCEPT AS PROVIDED IN THE
IMMEDIATELY FOLLOWING SENTENCE, IN NO EVENT SHALL THE TOTAL
AGGREGATE LIABILITY UNDER THIS AGREEMENT OF CONSULTANT TO CITY EXCEED ONE MILLION ($1,000,000) DOLLARS. CONSULTANT'S LIABILITY LIMIT SET FORTH HEREIN SHALL NOT APPLY TO (1) DAMAGES CAUSED BY CONSULTANT'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR CRIMINAL CONDUCT, (2)
CONSULTANT'S OBLIGATIONS TO INDEMNIFY AND DEFEND CITY PURSUANT TO SECTION 16 (“INDEMNIFICATION” ) OF THIS AGREEMENT, (3) LIMIT CLAIMS OR
GENERAL DAMAGES THAT FALL WITHIN THE INSURANCE COVERAGE OF THIS AGREEMENT, (4) STATUTORY DAMAGES, AND (5) WRONGFUL DEATH CAUSED BY CONSULTANT.
16.A.2. LIMITATION OF LIABILITY OF C ITY. CITY’S PAYMENT
OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION PROVIDED FOR IN SECTION 4 (“NOT TO EXCEED COMPENSATION”) OF THIS AGREEMENT. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE,
REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY
SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR THE SERVICES P ERFORMED IN CONNECTION WITH THIS AGREEMENT. CITY’S LIABILITY LIMIT SET FORTH HEREIN SHALL NOT APPLY TO DAMAGES CAUSED BY CITY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR CRIMINAL CONDUCT.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement.
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D , entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and a ll contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s re ceipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. . Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may without cause, by giving sixty (60) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, either Party may terminate this Agreement sooner upon thirty days’ advance written notice of termination, provided the other Party does not cure the failure within the thirty day period. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
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19.2. In event of termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials ), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the S cope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement , unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. CONSULTANT DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California , as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Politica l Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregna ncy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. Upon delivery of the services, CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste P rogram. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Z ero Waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double -sided and printed on a minimum of 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 - DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT 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 Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. C ONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. [Reserved]. This section intentionally omitted.
SECTION 25. 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 , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. Notwithstanding the foregoing, Client shall remain liable for payment of services provided before the date of CONSULTANT’s receipt of notice for termination for non-appropriation.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements.
CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less , per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
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This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, Each Party may have access the other Party’s Confidential Information (defined below). Each Party will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to the other Party under this Agreement and for no other purpose. Each Party will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, Each Party may di sclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform Each Party ’s obligations to the other PARTY under this Agreement and for no other purpose, provided that Each Party informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to either Party , directly or indirectly, pursuant to this Agreement. Except fo r documents containing “Personal Information”, a party shall mark any document with the word CONFIDENTIAL prominently on each section or page of the document that is intended to be confidential. An email signature that contains a confidentiality clause or disclaimer shall not be considered marking a document CONFIDENTIAL within the meaning of this section. Confidential Information excludes information that can show by appropriate documentation:
(i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in a Party’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by either Party from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of a Party without any use of or access to the Confidential Information; or (v) a Party has written consent to disclose signed by an authorized representative of the other Party.
28.3. Notwithstanding the foregoing, either Party may disclose Confidential Information to the extent required by law, order of a court of competent jurisdiction or governmental body, provided that such Party will notify the other Party in writing of such order immediately upon receipt and prior to any such disclosure (unless prohibited by law from doing so), to give the other Party, at their own expense, an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City within forty- eight business hours upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, either Party will honor any request from the other Party to return or securely destroy all copies of Confidential Information.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys ’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. No terms or conditions stated in a CITY purchase order or other order documentation will be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void, unless such term is made part of this Agreement by written mutual consent.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
29.10. Consultant warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. Consultant warrants to the City that, upon notice given to Consultant of any defect in design or fault or impr oper workmanship, Consultant will remedy any such defect. Consultant makes no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Services made by anyone other than Consultant, even in a situation where Consultant approves of such modification in writing; or (ii) use of the Services in combination with a third party service, web hosting service, or server not authorized by Consultant.
SECTION 30. EXHIBITS . Each of t he following exhibits , if the che ck box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT A-2 REQUIREMENTS APPENDIX
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: INFORMATION PRIVACY POLICY
EXHIBIT F: CYBERSECURITY TERMS AND CONDITIONS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C23186719
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
CIVICPLUS, LLC
Officer 1
By:
Name:
Title:
Officer 2
By:
Name:
Title:
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Senior Vice President of Customer Success
Senior Vice President of Operations
Cole Cheever
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.
Annual services, including but not limited to hosting, support and maintenance services for the Recreation Management Software System that was implemented by CONSULTANT in August 2019.
1. Recreation Management Software Licensing
2. Software Maintenance Including Service Patches and System Enhancements
3. 24/7 Technical Support and Access to the CivicPlus Community
4. Dedicated Client Success Manager
5. Training
Overview
CONSULTANT agrees to provide a Recreation Management Software System that meets the current and future needs of CITY’s Community Services Department. This shall be a RMSS that is commercially available and requires minimal customization to meet the CITY’s needs.
CONSULTANT shall provide a fully hosted (web) solution with minimal local client (PC) software install which provides staff and customers the greatest flexibility in accessing the software. The product shall provide a secured Data Center that separates credit card information from the CITY’s network and overall makes Payment Card Industry (PCI) compliance less costly for the CITY.
The software solution will enable the CITY to provide excellent customer service both in person and online for its main business activities including, but not limited to, daily recreation program administration and registration, facility and field reservations, memberships, payment processing and reporting. In addition, the system will provide for efficient and effective business processes and management tools to assist in program administration. Overall ease of use, including robust data management and reporting capabilities, is critical. The Department wants to automate and incorporate as many processes as possible.
The software solution must include the ability to create custom catalog and brochures based on program and activity data. The ideal software will provide an online catalog and brochure builder that facilitates custom page layouts based on program and activity data, and have the ability to style, publish and print activity brochures, export data into Adobe InDesign software, and will be adaptive to the changing needs of the organization and its customers.
The CONSULTANT will provide implementation, project management, technical installation expertise and on-site training to help speed employee and public acceptance and usage of the system. The CONSULTANT will coordinate with the CITY to implement the proposed DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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Project Schedule. CONSULTANT shall offer a coordinated approach and will specify the type and level of support anticipated from CITY staff. Part of the project implementation will include weekly, written status reports, in electronic format, by the vendor’s project manager at a mutually agreed upon time after contract award or verbally whenever requested by CITY’s project lead. These status reports will recap work done and bring attention to anything that may cause a delay in completing implementation.
Software Components
The RMSS must be user friendly and must be able to manage the creation, operation, billing and management of a wide variety of recreational programs and rental facilities operated by the CITY and offered to its residents. The features required are listed in Exhibit A-2 of this Agreement.
For the purposes of obtaining merchant account services through CP Pay, CITY may utilize the designated merchant account for CivicRec through an integrated partnership with El avon Converge (“CP Pay Merchant”). In the event CITY chooses CP Pay Merchant, CITY will enter into a merchant account agreement with Elavon Converge . Such agreement’s terms and conditions will solely ensure to the benefit and obligation of CITY; CONSULTANT shall not be a party to such agreement. In the event CITY chooses CP Pay Merchant, CONSULTANT will facilitate CITY and CP Pay Merchant communication for contracting purposes and shall integrate the CP Pay Merchant account processor at no charge to CITY. CITY agrees to comply with all terms and conditions of the resulting merchant account agreement and pay all fees required to maintain the services. If CITY desires to use an integrated merchant account processor gateway besides the designated CP Pay Merchant, an integration fee will be included in CITY’s implementation fees. CITY agrees to comply with all terms and conditions of the resulting merchant account agreement and pay all fees required to maintain the services. CITY acknowledges that the fees set forth in this SOW do not include any transaction, processing or other fees imposed by CITY’s merchant account processor. CITY is fully responsible for their relationship with their selected processor. In no event will CONSULTANT: (i) take part in negotiations, (ii) pay any fees incumbent on the CITY or merchant account, or (iii) acquire any liability for the performance of services of any chosen merchant account processor, including CP Pay Merchant. CITY acknowledges switching to a different merchant account processor after signing this Agreement may incur additional fees and require a written and signed modification to this Agreement . CITY shall continue to be responsible for negotiating and executing any merchant account agreement as described herein for any additional merchant account processor changes.
When CITY uses CP Pay, then CITY may take online credit card payments for certain services or products they provide via the CITY websites supported by CONSULTANT. As such, through CP Pay, CONSULTANT facilitates an automated process for redirecting credit card DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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payments to CITY’s chosen payment gateways / merchant account processors. For card payments, CONSULTANT will redirect any payments processing to t he CITY’s merchant account processor gateway, and the merchant account processor gateway presents the payment form page and processes the card payment. CONSULTANT does not transmit, process or store cardholder data and does not present the payment form. C ONSULTANT implements and maintains PCI compliant controls for the system components and applications that provide the redirection services only. CITY understands and agrees that CONSULTANT is not liable for any failure of service or breach of security by any merchant account processor gateway provider selected by CITY, whether such provider is an Integrated Partner or not.
Technical and Customer Support
CONSULTANT will provide the CITY will a dedicated Client Success Manager to help implement the tools needed to successfully meet the level of community engagement that the CITY desires. Upon Go Live, CITY will have a dedicated Client Success Manager to provide further information on how to utilize the tools in the CITY’s new CONSULTANT system. The client success manager will help keep CITY apprised of new CivicPlus products and optimize the RMS.
CONSULTANT will also provide 24/7 access to the CONSULTANT online Help Center where users can review articles, user guides, FAQs, and can get tips on best practices. The Help Center also provides our release notes to keep customers in the loop on upcoming enhancements and maintenance. The Community Forum allows customers to interact with each other, send CivicPlus feedback and suggestions for future system enhancements, and view trending topics among members - along with other functional and engaging features and capabilities.
CONSULTANT will also provide maintenance and technical support with the following parameters:
Data Security
CONSULTANT shall utilize industry standards, insurance requirements, and PCI requirements to ensure that CONSULTANT is only accessed in the manner it’s intended to be accessed and by people who are authorized to do so. Methods include:
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• Physical security data centers: Netsolace (Tier II), Digital Reality (Tier III), and Rackspace (Tier III)
• Server firewalls
• Anti-virus scanning
• IP logging and filtering
• Application security monitoring
All data centers provide a network operation center with 24/7/365 monitoring of the data center environment, system availability, and performance. The data centers are SSAE 16 compliant.
CONSULTANT shall have policies and procedures in place to ensure continuity and disaster recovery. CONSULTANT shall utilize local, replicated servers to ensure that copies of data, software, and files are always available and up to date. These servers can be rolled over in the event of hardware failure or other local issues. In addition, shall have a process that encrypts backups once each day and sends them off site for purposes of disaster recovery.
This process shall ensure that they can reconstitute the entire product and underlying data structure with limited downtime and loss of data.
CP Pay shall maintain a secure, Level 1 PCI DSS certified payment gateway integrated within the CivicPlus Platform that CITY can use within any CivicPlus solution or third-party product.
In addition, CONSULTANT shall follow the requirements of Exhibits E (“Information Privacy Policy) and F (“Vendor Cybersecurity Terms & Conditions”) to this Agreement.
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of this
Task Order and warrant that I have authority to
sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT A-2
REQUIREMENTS APPENDIX
(see next page)
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Must Have Nice to Have Type Feature Yes No Notes
X Accounts
Each account includes Address (primary and secondary - i.e. P.O. Box for mailing, street for residency), Phone Number (primary and secondary), Birthdate, Email Address for each adult, school grade, primary and emergency contacts, demographic indicators, scholarship (financial assistance) status, special notes (e.g. food allergy, asthma, physical disability, etc.)
X
X Accounts Ability to create accounts for organizations; ability for to pay via organization credit card vs individual user X
X Accounts Effective search with the ability to search for patron by multiple criteria and partial information in order to access patron record, transaction history, facility permits, etc. X X Accounts Individual user accounts within family account X X Accounts Ability to share children's accounts with divorced parents (one child account with the two separate parents accounts). All credits or refunds stay with the paying parent's account. X X Accounts Ability to remove member of the family from the family account to their own account (divorce or adult children). This should be reversible. X X Accounts Ability to deactivate/hide patron that is deceased so they don't show on family account receipt. This should be reversible. X
X Accounts Ability to search based on text (or text fragment) on any field in a patron account record. X Since CivicRec is browser based the browser search/find functions should serve to meet this need.
X Accounts Ability to merge duplicate accounts without loss of history or transactions. Duplicates could include groups, families, and patrons. X
X Accounts Staff is notified if there seems to be a duplicate account for the patron he/she is helping. X X Accounts Ability to suspend an account (make inactive) X X Accounts Easily identify residents vs nonresidents by street address. System should import list of residents, but prefer GIS integration. X
X Accounts Ability for staff to edit residency of individual patrons. X X Accounts Allow for selection of preferred method of communication (e.g., email vs. phone vs. text), at the preferred email address, number, etc. X
X Accounts Option for patron to opt-out of marketing emails & texts X X Accounts Ability to make notes only seen by staff. Notes should appear in an obvious place. X X Accounts Ability for staff to make financial adjustments to patron account X X Accounts Accept 3rd party payments (Someone outside account is paying) X X Accounts Track patron transaction history X
X Accounts Ability to enter zip code and city and state fields are automatically populated at terminal or online X
X Accounts Ability for administrators to assign permissions to override/amend fees across all modules (e.g. POS item, class registration, event ticket) X
X Accounts Ability to assign patron types (e.g., resident, non-resident, non-profit) in order to apply separate charges to each type X
X Accounts Ability to track account demographics (income, ethnicity) X Staff may use Custom Data Fields to record data about users beyond that which is normally captured by CivicRec.
X Accounts Automatically promote grade level for all patrons annually by an administrator- defined date. Individual patron grade level should be manually adjustable by staff. X X Accounts Ability for staff to attach/insert documents/scanned forms (e.g. medical waiver, field trip authorization, etc.) to patron's account X
Waivers, Receipts, Photos, etc are all tracked in CivicRec. For document upload of sensitive Protected Health Information (PHI) and Personally Identifying Information (PII), we are addressing this need through product development to enhance this experience and will be avaialble to the City at no additional expense once completed.
X Accounts Ability to export patron list based on participation history for e-blasts, news items, newsletters, flyers, etc. X
X Accounts Ability to create attractive, colorful e-blasts for news items, newsletters, and flyers targeted based on patron history X Software will export activity data into a file for use with a desktop publishing program for the production of an activity guide, course catalog, or activity flyers.
X Accounts Ability for staff to print liability waivers that were signed online and include evidence of patron's consent X
X Accounts Staff accounts include option to record certifications (with expiration). X Account notes can contain such information. For document upload of sensitive Protected Health Information (PHI) and Personally Identifying Information (PII), we are looking at integrations with services like Dropbox and Google Drive for docu
ment storage.
X Accounts
Ability for ongoing Level (prerequisite) Tracking with Pass/Fail indication. Notification sent to parent via email or as an alert in their account online. Patrons cannot sign up for classes without proper prerequisite(s). Should be available to instructors online.
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X Accounts Ability for ongoing Skill (progress) Tracking with Pass/Fail indication. Notification sent to parent via email or as an alert in online portal. Should be available to instructors online.
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X Child Care Check in/out process meeting state requirements ŝǀŝĐWůƵƐǁŽƵůĚŶĞĞĚƚŽƵŶĚĞƌƐƚĂŶĚǁŚĂƚƚŚĞƌĞƋƵŝƌĞĚƐƚĂƚĞƌĞƋƵŝƌĞŵĞŶƚƐĞŶƚĂŝůͲƚŽďĞĚŝƐĐƵƐƐĞĚĂŶĚƐĐŽƉĞĚ͘ tŚŝůĞ ŝǀŝĐZĞĐ ĚŽĞƐ ƐƵƉƉŽƌƚ ĐŚĞĐŬͲŝŶ ĨŽƌ ďŽƚŚ ĂĐƚŝǀŝƚŝĞƐ ĂŶĚ ƌĞƐĞƌǀĂƚŝŽŶƐ͕ ĐŚĞĐŬͲŽƵƚ ƚŽŽůƐ ĂƌĞ ŶŽƚ LJĞƚ ĂǀĂŝůĂďůĞĨŽƌĂůůĂƐĚĞƐĐƌŝďĞĚ͘
X Child Care Check in/out (unique to each child/family) that records date, time, & name of person checking in/out
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X Child Care Auto-generate monthly bill with detailed usage (check in/out) X X Child Care Ability to store patron photo in his/her account X X Facilities Ability to manage reservations for multiple facilities, facility types, and centers. Issue permit for each reservation. X
X Facilities Ability to create rooms/areas within a facility that can be reserved separately or together X X Facilities Automatically generate rental permit number X X Facilities Ability to enter new reservations and automatically create a permit to include patron/ organization name, address, date, facilities reserved, detailed rental charges, etc. X X Facilities
Ability to set up prompts for unique administrator-defined facility-specific questions during facility reservation process (e.g., Will you be serving alcohol?). Questions would also appear for facilities with online reservations enabled.
X
X Facilities Ability to modify dates, fees, etc. on closed reservations without having to delete the reservation and creating a new one with the adjustments X X Facilities Ability to cancel any reservation X
X Facilities Ability to create recurring reservations (e.g., every Tuesday and Thursday for the next four months) in one process; and ability to create recurring reservations in the past. X X Facilities Ability to create random recurring reservations with any combination of any date sequence in one process; and ability to create recurring reservations in the past. X X Facilities Ability for staff to reserve multiple facilities, for any date range, in a single process without requiring duplicate data entry. X
X Facilities Prior to completion of a multi-date reservation, all reservations must be displayed to allow for adjustment or deletion without need to process another transaction X Instructions: Complete this requirements list by responding to each line by putting an "x" in the Yes (This requirement currently exists and can be demonstrated.) or No (This requirement is not supported and/or is not provided as part of this proposal) column. If No, use the Notes column in each row to describe alternative methods to achieve features, if space allows. Attach any additional details and clearly reference each corresponding alternative in the Notes column. d
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X Facilities Refunds should only be linked to the reservation that was canceled, unless manually applied to other transactions by staff. X
X Facilities Automatically calculate total fees for reservation X X Facilities Ability to edit (override) fees at time of reservation or thereafter, based on staff security clearance X
X Facilities Ability to amend charges, add extra fees, allow partial payments, rental damage deposits and refunds, payment reversals, and credit balance refunds X X Facilities Allow for tracking, billing, and collecting of fees for billable services such as staff costs, overtime fees, facility damage, lighting, clean-up, and security X X Facilities Ability for administrators to assign default fees for facility and/or patron types X X Facilities Ability to assign multiple fees to each facility X X Facilities Easily add hourly and/or flat rate fees to reservation for nonresident, setup, custodial, etc. X
X Facilities Identify Non-profit/private/etc. and show only corresponding rental rates, with option to view all rates. X
X Facilities Staff view of facility reservation only lists site-specific fees & options (e.g. for athletic fields don't show gym fees or options) X
X Facilities If per-transaction fees are charged, internal bookings are exempt from fees X For purposes of merchant processing fees are associated to all CC/Debit transactions. No additional fees for staff booking internally for non-fee based reservations.
X Facilities Option to send permits, room set-up diagrams, receipts, etc. via email X X Facilities
All email correspondence with patrons should be managed by system. Email from patrons should be routed to the staff working on a reservation interaction (not general department email box). Staff responses should not come from her/his personal City email address. As a result, system should retain both sides of communication history with patron.
X Facilities Option to automatically reserve facilities when creating/coding classes X X Facilities
Class reservation of a facility includes setup or breakdown time in facility reservation.
Setup time must not be included in class schedule online or in brochure export (Adobe InDesign format).
X
X Facilities Ability for staff to attach/insert scanned application and other related documents to permit X
CivicRec is currently addressing the need to attach additional document as described through product roadmap and once completed the City will have available for use at no additional expense.
X Facilities Facility booking tracks "still due" paperwork or forms (insurance certificate, etc.) X Additional development is being addressed for automated reminders that should serve to meet this need. Once completed the City will have this available at no additional expense.
X Facilities Facility booking emails to remind patron of "still due" paperwork or forms (insurance certificate, etc.) X
Additional development is being addressed for automated reminders that should serve to meet this need. Once completed the City will have this available at no additional expense.
X Facilities Integrate with insurance certificate tracking software X X Facilities Ability for staff to print, preview, or e-mail receipts, rental permits, etc. with reprint and/or multi-copy options X
X Facilities Ability to print reservation confirmation, with reprint and/or multi-copy options X X Facilities Ability to reprint a permit from facility calendar without having to go to a different screen X X Facilities System must create and track invoices X
X Facilities Ability for staff to search for available space based on defined parameters (e.g. room for 30 people on Wednesday nights for one hour)
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X Facilities Program facility set-up/maintenance needs can be linked to each program. Ability to print facility schedule with set-up notes X
X Facilities Ability to define unique operating hours for each facility (open and close) X X Facilities Ability to disallow facility reservations on certain days for holidays, City closures, etc.
Should be defined separately for each facility. X
X Facilities Ability to view facility schedules by year, month, week, day, hours, half hour. X CivicRec allows the viewing of facility schedules by month, week, and day.
X Facilities Ability to reserve in minute increments. Should be available from calendar view. X X Facilities System must allow reservations at least three years in the future. X X Facilities Prevent reservations of a facility if already reserved (prevent double-bookings) X X Facilities Drag and drop rental conflict resolution d X Facilities Alert staff if a booking conflict exists prior to completion of a reservation. X X Facilities
Display on-screen, in calendar view, reservation schedules for multiple facilities at once, by day, week, month or year. Schedule default and alternate views can be customized by each staff.
X
X Facilities
Display reservation and usage information of a single facility or multiple facilities in a grid or calendar format. In this format, staff can click or hover over on a reservation to view more detailed information without the need to go into the reservation itself.
X
X Facilities Ability to edit existing rental permits, based on staff permissions X X Facilities Ability for staff to color-code different types of reservations on-screen and on calendars based personal preference X
X Facilities Ability to create internal/administration/maintenance bookings without necessity to link to any family or organization X
X Facilities Permits list administrator-defined site-specific information (do's & don'ts, site contact info, etc.). Sites: gym, park, etc. X
X Facilities Option to include administrator-conditions of use letter along with rental permit. X X Facilities Automatically remove facility bookings for cancelled classes. X X Facilities Online System allows detailed facility information to be displayed including, availability, schedules, comments, fees, and facility photos and videos X X Facilities Online
Detailed, user-friendly facility search function which allows patrons to search for available facilities online. Search criteria to include types, locations, amenities, keywords, dates, times, capacity, and day of week. Ability to clearly display available facilities based on user-defined parameters
X
X Facilities Online
System allows online facility reservation requests which require staff approval before permit is issued to patron. This is a request for reservation, not an online booking. A message should be sent to responsible staff for approval. Payment is taken with the reservation request, but should not be processed until reservation request is approved by staff.
X
X Facilities Online
Only facilities selected by administrators will be reservable online. For facilities excluded from online reservations, system should still allow administrators to make their details and/or availability viewable online.
X
X Facilities Online
Ability to set minimum and maximum number of days/months in advance that a reservation can be made. System automatically determines if a reservation falls within that time frame.
X
X Facilities Online
System displays liability waivers with “I Agree and “I Disagree” options for patron input. If patron selects “I Disagree” option, the reservation cannot be completed. Allow patron to print or email liability waiver to themselves.
X
hƐŝŶŐWƌŽŵƉƚƐƚŚĞĐůŝĞŶƚĐĂŶĐŽŶĨŝŐƵƌĞĂĐƵƐƚŽŵƉƌŽŵƉƚĨŽƌΗ/ŝƐĂŐƌĞĞΗ͕ďƵƚŝǀŝĐZĞĐĚŽĞƐŶŽƚLJĞƚƐƵƉƉŽƌƚƚŚĞĨƵŶĐƚŝŽŶĂůŝƚLJŝĨƚŚĞLJƐĞůĞĐƚΗ/ ŝƐĂŐƌĞĞΗƚŚĞƌĞƐĞƌǀĂƚŝŽŶĐĂŶŶŽƚďĞĐŽŵƉůĞƚĞĚ͘/ŶŽƌĚĞƌƚŽƉƌŽǀŝĚĞƚŚŝƐ͕ƚŚĞŝƚLJǁŽƵůĚŶĞĞĚƚŽƵƐĞŝǀŝĐZĞĐΖƐǁĂŝǀĞƌĨƵŶĐƚŝŽŶƐĂŶĚŵĂŬĞƚŚĞŵ ƌĞƋƵŝƌĞĚƚŽďĞĐŽŵƉůĞƚĞĚŝŶŽƌĚĞƌƚŽĐŽŶƚŝŶƵĞŝŶƚŚĞƌĞƐĞƌǀĂƚŝŽŶƉƌŽĐĞƐƐ͘^ŚŽƵůĚƚŚĞƵƐĞƌĞůĞĐƚŶŽƚƚŽĂŐƌĞĞƚŽƚŚĞǁĂŝǀĞƌͬĂŐƌĞĞŵĞŶƚƚŚĞLJǁŝůů ŶŽƚďĞĂůůŽǁĞĚƚŽĐŽŶƚŝŶƵĞŝŶƚŚĞĐŚĞĐŬŽƵƚͬƌĞƐĞƌǀĂƚŝŽŶƉƌŽĐĞƐƐƚŽŚĞůƉƚŚĞŝƚLJĂĐĐŽŵƉůŝƐŚƚŚĞŝƌŐŽĂů͘ X Facilities Online Ability for staff to print liability waivers with evidence of patron's consent. X X Facilities Online
Online facility booking process that can track special requirements (insurance, jump house application, etc.) for each facility. Tracking might include ability to upload documents such as an insurance endorsements. Additional special requests trigger another level of rules & requirements (e.g. filter or contingency questions).
WĂƌƚŝĂů
tĞŚĂǀĞƉůĂŶƐĨŽƌĂĨĞǁƚŚŝŶŐƐůŝŬĞĐŽůůĞĐƚĞĚĚŽĐƵŵĞŶƚƐ͕ďƵƚǁĞƵŶĚĞƌƐƚĂŶĚƚŚŝƐ ĂƐĂƐŬŝŶŐĨŽƌĂĐŽŵƉůĞƚĞǁŽƌŬĨůŽǁŵĂŶĂŐĞŵĞŶƚƚŽŽůƚŚĂƚŚĂƐŶŽƚLJĞƚďĞĞŶ ƐĐŽƉĞĚĂŶĚĚĞƚĂŝůĞĚ͘dŚĞƌĞĨŽƌĞ͕ŝǀŝĐZĞĐŝƐŶŽƚĂďůĞƚŽƉƌŽǀŝĚĞĨƵŶĐƚŝŽŶĂůŝƚLJĂƐ ĚĞƐĐƌŝďĞĚ͘,ŽǁĞǀĞƌ͕Waivers, Receipts, Photos, etc are all tracked in CivicRec. For document upload of sensitive Protected Health Information (PHI) and Personally Identifying Information (PII), we are addressing this need through product development to enhance this experience and will be avaialble to the City at no additional expense once completed.
WĂƌƚŝĂů
tŚŝůĞŝǀŝĐZĞĐĚŽĞƐƉƌŽǀŝĚĞĐŽŵŵƵŶŝĐĂƚŝŽŶƚŽŽůƐĨŽƌƉƵƌƉŽƐĞƐŽĨƐĞŶĚŝŶŐďŽƚŚ ĞŵĂŝůĂŶĚ^D^ŵĞƐƐĂŐĞƐƚŽƉĂƚƌŽŶƐ͕ŝǀŝĐZĞĐĚŽĞƐŶŽƚLJĞƚƐƵƉƉŽƌƚƚŚĞĂďŝůŝƚLJ ƚŽƌĞĨĞƌĞŶĐĞŚŝƐƚŽƌŝĐĂů^D^ŵĞƐƐĂŐĞƐƐĞŶƚƚŽƉĂƚƌŽŶƐĨƌŽŵƐƚĂĨĨĂŶĚĚŽĞƐŶŽƚ ƉƌŽǀŝĚĞĨƵŶĐƚŝŽŶĂůŝƚLJĂŶĚͬŽƌŵĂŶĂŐĞͬŵĂŝŶƚĂŝŶŚŝƐƚŽƌLJŽĨĐŽŵŵƵŶŝĐĂƚŝŽŶƐĞŶƚ ďĂĐŬĨƌŽŵƉĂƚƌŽŶƚŽĚĞƉĂƌƚŵĞŶƚƐƚĂĨĨ
tŚŝůĞŝǀŝĐZĞĐĚŽĞƐŶŽƚLJĞƚĐŽŵƉůĞƚĞůLJƐƵƉƉŽƌƚĞĚĨƵŶĐƚŝŽŶĂůŝƚLJĂƐĚĞƐĐƌŝďĞĚ͕ŝŶĂĚĚŝƚŝŽŶƚŽŚŽǁŝǀŝĐZĞĐ ĐĂŶƉƌŽǀŝĚĞƐŽŵĞŽĨƚŚŝƐŶĞĞĚŽƵƚŽĨƚŚĞďŽdžƚŚĞƌĞĂƌĞƉŽƚĞŶƚŝĂůǁŽƌŬĂƌŽƵŶĚƐǁĞΖƌĞŚĂƉƉLJƚŽĚĞŵŽŶƐƚƌĂƚĞ ŝŶŽƌĚĞƌƚŽďĞƐƚĚĞƚĞƌŵŝŶĞŝĨƚŚŽƐĞŵŝŐŚƚŚĞůƉŝŶƚŚĞƐŚŽƌƚͲƚĞƌŵ͘ EĞĞĚƐĨƵƌƚŚĞƌƐĐŽƉŝŶŐƚŽƵŶĚĞƌƐƚĂŶĚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐĞŶƚĂŝůĞĚ͕ DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
Attachment A - CivicPlus Contract
C23186719
Item 10:
Page
28 Packet Page 386 of 792
X Facilities Online Ability for patron to scan and attach any required documents for reservation (e.g., proof of residence/ business status, non-profit status, proof of insurance, etc.) X While not currently available this is being addressed through product development and will be available to the City at no additional expense once completed.
X Facilities Online Allow patrons to view reserved times without the ability to see details (e.g., who has reserved the time or what it was reserved for) X
X Facilities Online Patron view of facility reservation only lists site-specific fees & options (e.g. for athletic fields don't show gym fees or options) X
X Facilities Online Suggest other similar facility if requested facility is booked X X Facilities Online Allow cart to expire after certain period of time if patron does not check out X X Facilities Online Show transaction timer for cart expiration. (e.g. Ticketmaster) X X Facilities Reports Customizable facility report formats X X Facilities Reports Ability to print or preview facility calendars including all rooms in a facility by date range or by individual rooms with fit-to-page option. X
X Facilities Reports Ability to print and/or email facility calendars by date, facility, or specific room. Calendars must include beginning and ending reservations times and staff-defined rental title. X X Facilities Reports Ability to create report for easy analysis of reservations by various parameters (facility, type of rental, resident, non-resident, non-profit) X
X Facilities Reports Ability to track reservations into staff-defined statistics and reporting groups (e.g., all wedding reservations) X
X Facilities Reports
Ability to produce reports that include one, some, or all of the following options and data elements: All reservations for a specific facility type, such as a meeting room or field, all reservations for a specific facility, all reservations for a specific date range, all reservations for a specific patron or organization (e.g., non-profits), all reservations for a specific staff member
X
X Facilities Reports Ability to choose which groups/accounts are included in report results. (E.g. Report that shows all rentals but allows to exclude reservations for some groups.) X X Facilities Reports Ability to report all financial activity for rentals by date range, site, type of facility (gym, field, picnic area, etc.), number of hours, etc. X
X Facilities Reports Ability to preview reports on-screen X X Facilities Reports Ability to choose to print or email permits, facility rules and regulations, etc. X X Facilities Reports
Ability to run a marketing report listing all patrons with reservations for a staff- defined search range (e.g., all patrons who reserved picnic areas for last month) and email/text/send notifications for upcoming events
X
X Facilities Reports Reservation report showing all reservations made by an individual patron or organization for a specific date range X
X Facilities Reports Ability to create reports by facility and date, showing any reservation special requests and set-up requirements with option to include set-up chart X X Facilities Reports Ability to print rules and regulations letter and set-up chart at the time rental permit is issued. Include option to email the permit with these attachments. X X Facilities Reports Allow facility schedule inquiries by date range X X Facilities Reports Ability to view schedules for multiple facilities at one time X X Facilities Reports View reservation information by patron/organization name or by permit number X XF inance
System must allow for:
(a) Full payment
(b) Partial payment
(c) Payment from patron credit
(d) Payment reversals
(e) Payment cancellations and backdating
(f) Payment plans with automated tracking
(g) Credit balance refunds
(h) Rental deposit refunds
X
XF inance Allow split payments among multiple payment methods (cash, check, credit, gift certificate, etc.). X
XF inance
System must provide complete end-of-day reports (summary and detail options), to include as a minimum:
(a) End of shift cash out process/report
(b) Receipt transaction listing with receipt number, time of transaction and amount of transaction, and patron name, if checks, include check numbers (c) Daily GL account distribution
(d) System must have the ability to balance (cash out) by staff member, location, for any date range, any time range, by function, by general ledger account number, by payment method, or for the entire system.
X
XF inance
System must have the ability to cancel any transaction(s) with the following options:
(a) Apply credit to household balance
(
b) Apply surcharge fees
(c) Apply split refund payment types (i.e., ability to process a refund with portions applied to multiple refund payment methods)
(d) Refund later from system
(e) Backdate a payment cancellation
X
XF inance Refund to payment type used at time of purchase (cash or check by check, credit card to credit card) X
X Finance Ability to apply account credit to any transaction in any module in person or online. X XF inance Payment processor - either vendor hosts or a Third party X ůŝĞŶƚŚĂƐĞůĞĐƚĞĚƚŽƵƐĞ
ůĂǀŽŶĂƐƚŚĞŝƌƚŚŝƌĚͲƉĂƌƚLJƉĂLJŵĞŶƚƉƌŽĐĞƐƐŽƌ.
XF inance
If a third party payment processor is used, there must be some identifier that helps identify which transaction in recreation system ties to which payment in third party payment system.
X
X Finance Option for auto bill pay (recurring credit card charge) X XF inance Allow multiple, user-defined payment methods to be used online, including Financial Assistance. X
XF inance Require payment reference information to be entered during transaction processing (e.g., when processing a check, check number is required for tracking purposes) X XF inance
As revenue is tracked (i.e., transactions are processed), the revenue generated may be linked to unique general ledger codes. Example: If an Arts program is offered, a class fee and a registration fee are required. The system must have the ability to separate the class fee and the registration fee into two unique GL accounts and/or sub-accounts, automatically. Revenue from any part of the system (module) may be associated with any GL code in the system
X
XF inance System must provide for linking revenue to chart of account codes (general ledger accounts). X
XF inance Ability to track revenue generated from activities that have not started yet (i.e., deferred revenue) X
XF inance Allow multiple, administrator-defined payment methods to be established (e.g., coupons, gift certificates, fee waivers, etc.) X
XF inance System must allow for tax rate option to be set up. X X Financial Assistance
Patron's account should show Financial Assistance eligibility. For example, when registering an eligible patron in person, the system should show staff that the person has Financial Assistance available.
X
X Financial Assistance
Automatically remove Financial Assistance status from patron accounts on system administrator-defined expiration date. Unused funds should go back to the main Financial Assistance account.
X
DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
Attachment A - CivicPlus Contract
C23186719
Item 10:
Page
29 Packet Page 387 of 792
X Financial Assistance Ability to offer & track Financial Assistance that is restricted to system administrator- defined activities X
X Financial Assistance Financial Assistance redeemable online for approved activities X X Financial Assistance Generate form letter to notify or remind recipient of Financial Assistance status (available funds & expiration date). Options to email or print letter. X X GIS Integrate with the City's GIS system (Esri ArcGIS) for residency information X The City may opt to have CivicRec integrate with its Esri ArcGIS system for purposes of local resident determination, service fees apply.
X Implementation Detail project timeline with carefully spelled out phases of installation, training, testing, etc. X
X Implementation Ability to interface with City’s future financial software d
ƵĞƚŽĂŵďŝŐƵŝƚLJ͕ŝǀŝĐWůƵƐĐĂŶŶŽƚĂŐƌĞĞǁŝƚŚŽƵƚŬŶŽǁŝŶŐŵŽƌĞĐŽŶĐĞƌŶŝŶŐƚŚĞĨƵƚƵƌĞĨŝŶĂŶĐŝĂů ƐŽĨƚǁĂƌĞĂŶĚǁŚĂƚƐLJƐƚĞŵƚŚĞĐůŝĞŶƚŝƐƉůĂŶŶŝŶŐŽŶƵƐŝŶŐ͘dŽďĞĨƵƌƚŚĞƌƐĐŽƉĞĚĂŶĚĚŝƐĐƵƐƐĞĚ͘tĞ ĚŽŽĨĨĞƌĨŝŶĂŶĐŝĂůĞdžƚƌĂĐƚƐĞƌǀŝĐĞƐ͕ĂŶĚǁĞĐĂŶŝŶƚĞŐƌĂƚĞǁŝƚŚ the City's selected payment gateway (for credit card processing). Additionally, we can also produce a GL extract compatible with the City's financial system. We have interfaced with a number of different systems and are confident that we can produce a file compatible with yours. Service fees apply.ůƚŚŽƵŐŚ͕ƚŚĞƐĞŵĂLJďĞ ĚŝĨĨĞƌĞŶƚĨƵŶĐƚŝŽŶƐ͕ŶĞĞĚƚŽĚŝƐĐƵƐƐĨƵƌƚŚĞƌƚŽƵŶĚĞƌƐƚĂŶĚ͘ X Implementation Extensive capability testing on a test/trainer database prior to going live X X Implementation Extensive on-site training X Training and travel fees apply.
X Implementation Detailed training on how to customize reports X X Implementation Web-based training for staff and instructors X X Implementation Extensive training for staff, administrators, and any others where appropriate X X Implementation If data migration is possible, ability to transfer any monies on patron accounts to new system, including rental deposits, credit on account, amount owed X X Implementation Ability to roll over patron and facility details and history from existing CLASS system X Please see proposal for additional details concerning data imports.
X Implementation Dedicated vendor project manager X
X Leagues Provides for the scheduling of any number of leagues with normal regular season, round robin, and single/double elimination, including playoffs. X X Leagues System automatically reserves facilities during the schedule generation process X X Leagues Ability to design full leagues (schedules, standings, and rosters) X X Leagues Automatically calculates team record and winning percentage X X Leagues Ability to cancel games and reschedule X
X Leagues Ability to import our own schedule (in place of system-generated schedule). X X Leagues Allows manual adjustment to a league schedule to meet any special requirements X X Leagues Allows for any adjustments to any game in the schedule X X Leagues Allows for creation of tournament brackets at the end of the regular season based on league standings
X
ŽŵŵĞŶƚĨŽƌďŽƚŚ͗tŚŝůĞŝǀŝĐZĞĐĚŽĞƐŶŽƚLJĞƚƐƵƉƉŽƌƚƚŚĞĂďŝůŝƚLJĨŽƌƐƚĂĨĨƚŽĐƌĞĂƚĞ ƚŽƵƌŶĂŵĞŶƚďƌĂĐŬĞƚƐĂƚƚŚĞĞŶĚŽĨƚŚĞƌĞŐƵůĂƌƐĞĂƐŽŶďĂƐĞĚŽŶůĞĂŐƵĞƐƚĂŶĚŝŶŐƐ͕ǁĞĂƌĞ ĂŶƚŝĐŝƉĂƚŝŶŐƚŚĞ
ƌĞůĞĂƐĞŽĨƚŚĞĂďŝůŝƚLJƚŽĐƌĞĂƚĞͬƉƌŽĚƵĐĞ^ŝŶŐůĞ
ůŝŵŝŶĂƚŝŽŶƚŽƵƌŶĂŵĞŶƚďƌĂĐŬĞƚƐŝŶϮϬϭϵ
ǁŝƚŚĂĚĚŝƚŝŽŶĂůŽƉƚŝŽŶƐƉůĂŶŶĞĚĨŽƌĨƵƚƵƌĞƌĞůĞĂƐĞŝŶϮϬϮϬ͘X Leagues Effective method for managing “round-robin” and tournaments X X Leagues Ability to create league and coach/division specific email lists X X Leagues Produce and print individual league team rosters. X X Leagues Ability to email or text schedules, standings, and rosters and post online X X Leagues Count forfeits as a loss and a half in standings. X X Leagues Ability for staff to take a class list and assign youth to specific teams at will. Team rosters would include contact info, special needs, etc. X
X Leagues League Coaches Portal: allow coaches to look up rosters, communicate with team members (via system & not personal account), etc. (similar to Team Snap) X X Memberships Batch renewal billing: roll over members into new cycle and automatically generate invoice (to manually mail or email). X
X Memberships Ability to create a variety of membership pass types and time periods (annual, quarterly, punch pass) X
X Memberships
Option to print membership cards which can be used to pull up an account or check- in to a class. Includes ability to report on check-ins to track usage. Cards could be mag-strip, barcode, HID, etc.
X
X Memberships Ability to check-in via smartphone (via an email barcode or app; doesn't matter how) X This is currently supported via e-tickets with barcode scanning.
X Memberships Option to limit class registration to those with a valid membership (membership validation by age, program/class, etc.) X
X Memberships Ability to track and report on visit history X X Online Website should meet is the Web Content Accessibility Guidelines (http://www.w3.org/TR/WCAG20/)
^ĞĞ
džŚŝďŝƚ͗^ŽĨƚǁĂƌĞŽŵƉŽŶĞŶƚƐ
X Online Ability to offer an online store that ties into point of sale (aware of inventory). Items would be for pickup only. X
X Online E-mail address is login credential X
X Online Ability for patron to select their own password X X Online Option for patron to login using other credentials such as Google, Facebook, etc. X X Online Alert patron of scheduling conflicts between class they are adding and existing classes on account X This is currently specific to active registrations in same class their attempting to enroll into.
X Online
Alert patron if signing up for a class they do not meet the requirements for (prerequisites, age limit, etc.). System should give reason for error, rather than simply preventing registration.
X
X Online Patron start page suggests classes family members might like X X Online Ability for patrons to attach/Insert scanned forms (e.g. medical waiver, field trip authorization, etc.) to patron's account X
tŚŝůĞŝǀŝĐZĞĐĚŽĞƐŶŽƚLJĞƚƐƵƉƉŽƌƚĂƚƚĂĐŚŝŶŐĚŽĐƵŵĞŶƚƐĂƐĚĞƐĐƌŝďĞĚǁĞǁŝůůďĞƐƚĂƌƚŝŶŐƚŚĞĚĞǀĞůŽƉŵĞŶƚŶĞĞĚĞĚĨŽƌ ƚŚŝƐůĂƚĞƌƚŚŝƐLJĞĂƌĂŶĚǁŝůůĐŽŶƚŝŶƵĞǁŽƌŬŝŶŐŽŶĐŽŵƉůĞƚŝŶŐƚŚŝƐŝŶϮϬϮϬ͘KŶĐĞĐŽŵƉůĞƚĞĚƚŚĞŝƚLJǁŝůůŚĂǀĞĂĐĐĞƐƐƚŽ ƵƐĞĂƐŶĞĞĚĞĚ
X Online Allow cart to expire after certain period of time if patron does not check out X X Online
System displays liability waivers with “I Agree and “I Disagree” options for patron input. If patron selects “I Disagree” option, the transaction cannot be completed. Allow patron to print or email liability waiver to themselves.
X
hƐŝŶŐWƌŽŵƉƚƐƚŚĞĐůŝĞŶƚĐĂŶĐŽŶĨŝŐƵƌĞĂĐƵƐƚŽŵƉƌŽŵƉƚĨŽƌΗ/ŝƐĂŐƌĞĞΗ͕ďƵƚŝǀŝĐZĞĐĚŽĞƐŶŽƚLJĞƚƐƵƉƉŽƌƚƚŚĞĨƵŶĐƚŝŽŶĂůŝƚLJŝĨƚŚĞLJƐĞůĞĐƚΗ/ ŝƐĂŐƌĞĞΗƚŚĞƌĞƐĞƌǀĂƚŝŽŶĐĂŶŶŽƚďĞĐŽŵƉůĞƚĞĚ͘/ŶŽƌĚĞƌƚŽƉƌŽǀŝĚĞƚŚŝƐ͕ƚŚĞŝƚLJǁŽƵůĚŶĞĞĚƚŽƵƐĞŝǀŝĐZĞĐΖƐǁĂŝǀĞƌĨƵŶĐƚŝŽŶƐĂŶĚŵĂŬĞ ƚŚĞŵƌĞƋƵŝƌĞĚƚŽďĞĐŽŵƉůĞƚĞĚŝŶŽƌĚĞƌƚŽĐŽŶƚŝŶƵĞŝŶƚŚĞƌĞƐĞƌǀĂƚŝŽŶƉƌŽĐĞƐƐ͘^ŚŽƵůĚƚŚĞƵƐĞƌĞůĞĐƚŶŽƚƚŽĂŐƌĞĞƚŽƚŚĞǁĂŝǀĞƌͬ ĂŐƌĞĞŵĞŶƚƚŚĞLJǁŝůůŶŽƚďĞĂůůŽǁĞĚƚŽĐŽŶƚŝŶƵĞŝŶƚŚĞĐŚĞĐŬŽƵƚͬƌĞƐĞƌǀĂƚŝŽŶƉƌŽĐĞƐƐƚŽŚĞůƉƚŚĞŝƚLJĂĐĐŽŵƉůŝƐŚƚŚĞŝƌŐŽĂů͘ X Online Offer electronic signature for liability waiver X X Online Ability for patron to add family or individual class schedule into personal electronic calendar (e.g. Outlook Calendar, iCal, Google Calendar, csv file, etc.) X X Online Patron-specific salutations when registering such as "happy birthday" or anniversary of being a patron X
X Online Option for staff and instructors to record program attendance X X Online Ability for instructors to update patron skill or prerequisite record. X This is a permission based functionality assigned to users as the City deems fit.
X Online Allow league coaches to look up rosters, communicate with team members (via system & not personal account), etc. (similar to Team Snap) X
X Online Accurately, translate online pages into different languages X While CivicRec does not provide language support most groups meet this need through browser translation tools available.
X Online Option to make donations and buy items in online store without having to create an account X
For purposes of "guest-checkout" functionalities this is currently supported in- house. For all online transactions patrons are required to log into an active user account.
X Online
Option for administrators to include class details online. Details include: detailed class information, spaces available, comments, fees, dates, times, instructors, no class dates, and age/grade requirement online. Option for staff to include links to documents (e.g. class supply list, dress code, etc.)
X
X Online Present custom, activity-specific questions during the online registration process X X Online Ability to disallow online registration for certain classes X X Online Class and facility locations show addresses using online mapping (e.g. Bing Maps, Google Maps, Map Quest etc.) X
X Online Responsive view - adjusts to smart phones/tablets and PC's X DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
Attachment A - CivicPlus Contract
C23186719
Item 10:
Page
30 Packet Page 388 of 792
X Online Ability for patron to create account and use it right away. X X Online System alerts patron of existing account when registering, etc. (to prevent duplicates) X X Online User-friendly option for patrons to reset a forgotten online password or retrieve a forgotten username. X
X Online
Ability for patron to update email, phone, etc. with the exception of physical address (due to non-resident fee) and birthdate. Only staff and administrators should be able to change physical address and birthdate.
X
X Online Robust search function, allowing patrons to quickly find program details and information based on program criteria (name, location, type, age, activity code) X X Online Ability to browse classes and availability online without requiring an account X X Online Suggest similar classes if a class is full X
X Online Patrons may add themselves to a wait list X
X Online Allow patrons to add special needs (physical, dietary, etc.) notes during online registration X X Online When registering, prompt patron to confirm emergency contact data is correct during checkout X
X Online Periodically prompt patron to confirm phone, email address, contact, & other staff- defined data are correct. Intent is to make sure best method of contact is current. X X Online Patron may request refund online, with automatic staff notification. Refunds require staff processing. X
While not currently available this is something CivicRec is addressing through product development and will be available to the City once completed at no additional expense.
X Online Cancelled classes appear as "cancelled" online (they are not removed from listing) X The City can choose to manage this function as needed, both cancel and/or remove from online viewing. This feature can be set to manage automatically or manually.
X Online Upselling recommendations like on Amazon (while browsing and during checkout).
Upselling should make sure there is space in the class(es) before promoting. X X Online Add activities to cart and view cart before check out X X Online Show transaction timer for cart expiration. (e.g. Ticketmaster, but with more time.) X X Online If item is placed in patron cart, spot is not guaranteed until checkout is completed X X Online Allow patrons to view/print schedule of all household registrations. Ability to add/remove individual household members from calendar view. X You do have the ability to view/print schedule of all household registrations, and to view all household members from calendar view. Members are not removable from calendar view.
X Online Allow patrons to view account information, current/history/future enrollments online X X Online Detailed class registration receipts must be provided on-screen with option to print. X X Online System must meet the PCI/CISP credit card industry Payment Applicator Best Practices specifications X CivicRec is certified as PCI SAQ-D compliant as a service provider. CP Pay is certified as PCI Level 1 compliant.
X Online Online patrons must be notified in real-time if credit card is declined X Expired credit cards are typically indicated by a real- time return code from the merchant provider. Some merchant providers (e.g. OpenEdge) even have decline minimizing capabilities which will map the refund to the cardholders newly received card.
X Online Credit card payments must be automatically deposited directly into City accounts at the end of each day X Additional dependency on the Merchant Services being used by the Department.
X Online Ability for administrators to control online registrations by season, specific dates, and patron residency, etc. X
X Online Ability for instructors to view and print class list online X X Online
Ability for instructors to communicate with patrons via email or text (patron's preferred communication method). Allow instructors to add email addresses or texts that are not on class roster. If an instructor is going to cancel or change something about an individual class meeting, clerical should be notified. Communication should come from system and not from instructor's personal email address or cell phone number.
X Permission based and available for use as needed.
X Online Ability for instructors to change class size max/min. Instructor's supervisor should be notified of any changes. X Permission based and available for use as needed.
X Online Ability to conduct online surveys based on staff-defined criteria within the system using email and social media. X These surveys utilize email and not social media.
X Online Options for website design so it matches close to our city website X X Online Create and update webpages without having to edit html X X Online Ability for staff to post videos with class descriptions, facility descriptions, help information, landing/home pages, etc. X
In order to maintain a judicious use of CivicRec we do not support the use of video. If needed the City may choose to embed video links for purposes of redirecting users for additional information.
X Online If per-transaction fees or revenue percentages are charged, process donations without them (excludes credit card fee) X
X Payment processing T
hird party (for PCI compliance). Interface will not capture or store any payment card information on or within the City of Palo Alto servers or network environment. X XP oint of Sale Ability to sell items in person at sites X XP oint of Sale Ability to customize receipt format (e.g. with different information per site, with City logo, etc.) X
XP oint of Sale Itemized receipts X
X Point of Sale Flexibility in entering/changing amounts X X Point of Sale Option to attach patron information to transaction X X Point of Sale Ability to easily process refunds from point of sale X X Publishing Formatted Brochure export to Adobe InDesign, editable if format changes X X Publishing Formatted Brochure export to Adobe InDesign to multiple languages X This would be a requirement of the City staff to manage. CivicRec provides the tools to export information out of CivicRec in an InDesign format but does not manage multiple languages.
X Registration
Upon completion of any transaction, the roster, household history, cash journal, general ledger, billing information (if applicable) and activity financial status reports are all updated immediately.
X
X Registration Option for administrators to give staff ability to override requirements (e.g. age, grade, skill level, fees, etc.). Would be nice to have the option to make this override permanent. X X Registration Allow for age or grade-specific classes that a patron cannot sign up for if not the corresponding age or grade. X
X Registration Display the number of registrants currently enrolled in a class X X Registration Automatically generate wait lists for classes reaching the maximum number of enrollees X X Registration Display the number of registrants currently on the wait list for a class X X Registration Allow staff to manually change wait list order. (E.g. Move someone up or down in priority.) X
X Registration Automatically notify staff of wait list change when an opening becomes available. This will allow staff to notify the appropriate person on the wait list. X X Registration Option for staff to prorate class fees once a class has started X X Registration Staff must be notified immediately if a credit card is declined. X X Registration Registration refunds must not be applied to other transactions without manual intervention (linking) X
DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
Attachment A - CivicPlus Contract
C23186719
Item 10:
Page
31 Packet Page 389 of 792
X Registration
All email correspondence with patrons should be managed by system. Email from patrons should be routed to the staff working on a registration interaction (not general department email box). Staff responses should not come from her/his personal City email address. As a result, system should retain both sides of communication history with patron.
X All incoming emails are managed through staff's department email.
X Registration Digital signature pad at front counters (so they don't have to fill out a registration form) would need to be able to confirm registration is correct before signing. X While CivicRec does support e-signature options, CivicRec is not currently integrated with stand alone hardware tools for purposes of meeting this need.
X Registration Automatic E-mail confirmations and reminders X X Registration
Ability to easily email instructors their rosters with the specific information they want (names with emails or names with food allergies, birthdates, etc.). Should exclude sensitive information (e.g. address, etc.).
X
X Registration Prevent sensitive information from being emailed out by unaware staff. X X Registration Ability for staff to email patrons their individual or family class schedules X CivicRec's public dashboard tools prove especially useful in sharing this information with patrons.
X Registration Ability to offer and track trial (free) classes. This should be reportable. X X Registration Each program can be linked to a staff-defined activity category (e.g., Youth Arts & Crafts, Youth Athletics) X
X Registration Allows for activity to be associated with an activity sub-category and be searchable by the categories and sub-categories (e.g., Category: Youth Programs, Sub-Category: Dance) X X Registration
Ability to offer pre-enrollment for the next session to current session participants with two options:
1. Pre-enroll in the exact same class (same day & time) in the next session (e.g. Mondays at 10 am).
2. Pre-enroll in any class in the next session (like a priority registration).
All current patrons are notified of pre-enrollment opportunity by email with option to pay corresponding class fee online. Include option to also send notification by snail mail.
This pre-enrollment option should only be available to patrons in the same category of class. For example, pre-enrollment in Gymnastics is only available to current Gymnastics patrons.
Example of the two pre-enrollment options above
1. Currently registered in Gymnastics Level A on Mondays at 10 -> pre-enroll patron in Gymnastics Level A on Mondays at 10 in the next session
2. Currently Registered in Gymnastics Level A on Mondays at 10 -> allow patron to choos e
any G
ymnastics class at any day & time (that they qualify for) X
X Registration Private Lesson Management. Ability for patron to register online for single private lessons.
Notification sent to instructor and staff when private lesson is scheduled. X X Registration
Drop-In Class Management. Patrons can register for a class that is only for drop-ins.
Ability to sell drop-in classes that traditionally have used punch cards (prefer different method than punch cards). Staff must have the ability to record when a drop-in class has been used. Drop-In Class package tied to family and not to specific participant.
Usage tracked on both ends of online portal (staff and patron portal). Want patron to appear on a class list for the classes they attended.
X
X Registration Transactions Update patron history record, program roster, receipts, general ledger account distribution with a single transaction entry X
x Registration Transactions Multiple window option for staff during registration (e.g., staff can do more than one thing at a time such as searching patron or activity info while processing a transaction.) X X Registration Transactions Staff is able to update and make changes to any part of a transaction at any point in the process X
X Registration Transactions Allow staff to override requirements (age, gender, grade, prerequisite, etc.) with appropriate security clearance X
X Registration Transactions Do not allow duplicate registrations (same person into same activity). X X Registration Transactions Automatically check if patron’s registration conflicts with other programs already registered in X
CivicRec currently provides alerts for users if attempting to enroll in activities already enrolled in. CivicRec does not check against other existing registrations and would be the responsibility of the registrant to ensure availability until this can be addressed at a later time through development.
X Registration Transactions Suggestions provided to staff if a class is full X X Registration Transactions Ability to register a patron for multiple activities/ programs without having to reselect that person for each program. X
X Registration Transactions Ability to register multiple family members into multiple programs in one transaction without having to reselect the household, with all transactions printing on one receipt. X X Registration Transactions Warn staff if registration does not meet the specific requirements (age, gender, grade, prerequisite, etc.) X
X Registration Transactions Ability to apply discounts to a transaction or account as needed X X Registration Transactions Ability to offer multi-child (sibling) discounts. Multi-child discount to apply to selected "grouped" activities. X
X Registration Transactions Easy reference for staff to last transaction processed (receipt number, patron name, etc.) X X Registration Transactions Allow for automatic calculations of multiple child/ patron discounts based on enrollments into the same type of sessions or programs. X
X
Registration Transactions
Allow for the cancellations of an individual or entire class in a single transaction, with the option to apply the funds to another program, keep the money on patron’s account, or process a refund.
X
X Registration Transactions
Ability for staff to transfer a patron or whole class from one activity to another in one transaction (i.e., no need to withdraw from an activity in one transaction, and then enroll in another activity in a second transaction)
X
X Registration Transactions Ability to choose to print or email receipts for any type of transaction. Should follow patron's communication preference. X
X Registration Transactions Additional comments added during activity set-up should print on receipt. Further comments can be added by staff before printing. X
X Registration Transactions Customizable receipts (include City/Department logo) X X Registration Transactions
Ability to produce receipts with program information, dates, times, locations, descriptive comments, payment information, date/time of transaction, staff and payment method, department information (donations, non-profit tax id, etc.) X
X Registration Transactions Ability for staff to make entries to special notes section during registration and ability for it to print on activity roster if selected (e.g., allergies, medical, etc.) X X Registration Transactions
Option for administrators to add prompt for specific staff to remind them to confirm phone, email address, & other staff-defined data with patron. Would be nice to be able to set this to turn on/off on a regular schedule (e.g. quarterly).
X Current prompts are tied to registration/reservation processes.
X Registration Transactions Ability for staff to process registrations with payment via tablets at offsite events (Summer child care and at special events-street fair booths) and email receipts X X Registration Transactions If per-transaction fees are charged, internal registrations are exempt from fees (i.e. free classes, donations) X
For purposes of merchant processing CivicRec does not collect/charge fees for non-fee based registrations and would be restricted to Debit/CC transactions only.
X Reports Real-time financials X
DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
Attachment A - CivicPlus Contract
C23186719
Item 10:
Page
32 Packet Page 390 of 792
XR eports
Standard system reports which provide demographic and statistical information for program sessions, categories, types, ages, genders, etc., and ability export to Excel and produce graphs and charts
X
XR eports Ability to customize reports X
XR eports Ability to sort reports by department, staff, instructor, class, site, GL account, payment type, etc. X
XR eports Ability to print account statements based on user-defined criteria X XR eports Ability to view/print rosters and attendance sheets by user-defined fields (e.g., enrollment date, in alphabetical order, age, order of entry, etc.) X XR eports Standard report listing all activities patron is/has been currently enrolled in - ability to select by dates X
XR eports Report showing activities not meeting minimum enrollment (sorted by supervisor, instructor, site, etc.) X
XR eports Report showing activities reaching the maximum enrollment (sorted by supervisor, instructor, site, etc.) X
XR eports Ability to view/print activity listings, in summary or detail, by selecting a range of activities with start date (e.g., print all classes beginning the week of April 1) X XR eports Report showing number registered in programs by category, sub-category, class, instructor, supervisor, site, etc. X
XR eports Ability to create class roster that includes special notes (food allergy, prescription medication, etc.) X
XR eports Extensive, ad-hoc (customizable) reporting options X X Reports Schedule-able reports delivered by email to staff-defined email address(es). X X Reports View real-time dashboards of financials, trends and histories WĂƌƚŝĂů
tŚŝůĞŝǀŝĐZĞĐΖƐƌĞƉŽƌƚŝŶŐƚŽŽůƐĂƌĞŶŽƚĐƵƌƌĞŶƚůLJĐĂƉĂďůĞŽĨƉƌŽǀŝĚŝŶŐĐƵƐƚŽŵĚĂƐŚďŽĂƌĚƐĨŽƌǀŝĞǁŝŶŐŵƵůƚŝƉůĞ ƌĞƉŽƌƚƐĂƚƚŚĞƐĂŵĞƚŝŵĞĂŶĚĚŽĞƐŶŽƚƉƌŽǀŝĚĞƚŚĞĂďŝůŝƚLJƚŽĐƌĞĂƚĞƚƌĞŶĚƌĞƉŽƌƚŝŶŐ͕ŝǀŝĐZĞĐΖƐƌĞƉŽƌƚŝŶŐƚŽŽůƐ ĐĂŶďĞƵƐĞĚƚŽĂĐĐĞƐƐĂŶĚĞdžƉŽƌƚƚŚŝƐŝŶĨŽƌŵĂƚŝŽŶĨŽƌƚŚĞĚĞƉĂƌƚŵĞŶƚƚŽƵƐĞŝŶƚĞƌŶĂůůLJĂƐŶĞĞĚĞĚ͘tĞĂƌĞ ĐŽŶƚŝŶƵŝŶŐǁŽƌŬŶĞĞĚĞĚƚŽĞdžƉŽƐĞƚŚŝƐŝŶĨŽƌŵĂƚŝŽŶƚŚƌŽƵŐŚŝǀŝĐZĞĐΖƐW/ĂŶĚǁŝůůďĞŵĂĚĞĂǀĂŝůĂďůĞƚŽƚŚĞŝƚLJ ŽŶĐĞĚĞǀĞůŽƉŵĞŶƚŝƐĐŽŵƉůĞƚĞĚ͘
XR eports Reports should be available in both summary and detail (where applicable) and by date range. X
XR eports Exportable to PDF, Excel, Word, XML, rich text, csv, etc. X CivicRec supports the ability to export via XML, CSV and PDF.
XR eports Refund reports for specified date ranges, with ability to exclude payment type (e.g. credit cards, check, cash) X
XR eports Ability to report sales tax revenue by staff-defined date range. Report should include both point of sale and online revenue. X
XR eports Track upcoming payment plan due dates X
XR eports Aging report X
CivicRec has a very powerful reporting engine. There are 100+ standard/canned reports in CivicRec. However, staff can basically take any report and customize it to their liking. Filters can be added and/or removed. Fields can be added and/or removed. Reports can be sorted, saved, emailed, exported, or scheduled for regular delivery to any email address. CivicRec will gladly take any reasonable reporting request from the City and ensure that it is made available as requested.
XR eports If a third party payment processor is used, ability to generate and print financial reports from payment processor. X
XR eports Instructor payment report based on percentage or flat rate. Removes registration fee and non-resident fee before calculation. X
XR eports Ability to calculate instructor pay. Allows only certain program fees to be included in instructor pay processing calculation. X
XR eports Report that splits percentage or flat rate payment between multiple instructors based on their individual payment share X
X Reports View/print instructor contact information, certifications, pay rate for verification purposes X XR eports Produce comparison reports (e.g., mail-in & walk-in vs. online registration, resident vs. non-resident, etc.) X
XR eports Ability to view/print revenue report by activity, preferably with option to create graphs and charts for easy analysis of revenues X
XR eports Produce report showing enrollments for all programs within a given parameter (e.g., Spring 2015) or by dates, by activity category, etc. X
XR eports Ability to create mailing labels (various sizes) directly from system based on staff- selected criteria X
X Reports Audit trail to show which staff made each accounting transaction X XS ecurity Different levels of authorization for multiple staff. Ability to limit staff access to only what they need to fulfill their role. X
XS ecurity Option to set staff permissions to only view facility bookings without ability to make changes or to take payment. X
XS ecurity System must meet the PCI/CISP credit card industry Payment Applicator Best Practices specifications. X
X Security System must comply with new credit card chip technology requirements X CivicRec's ability to meet this requirement will depend on which merchant option the City chooses to work with. Please see proposal for additional information.
Course/Setup Custom codes, use the same code year after year X XC ourse/Setup Activity codes follow logical naming convention (either auto-generated or staff- generated) X
XC ourse/Setup Allows for unlimited length program descriptions. Descriptions will appear in brochure export, online registration site, on–screen in system searches. X XC ourse/Setup Ability to roll over activity/program information from one season to another and automatically generate new class/program/activity codes X XC ourse/Setup Designate minimum and maximum number of participants X XC ourse/Setup Designate minimum and maximum school grade range. Date for grade verification should be adjustable by staff. X
XC ourse/Setup Ability to set separate registration start dates based on patron status (e.g. resident and non-resident), prior class enrollment, and memberships X XC ourse/Setup Automatically select and apply the appropriate patron fee type (resident, non- resident, senior, non-profit, etc.) based on information in a patron’s record X XC ourse/Setup Programs can be associated with multiple facilities/locations and the system automatically reserves those facilities X
XC ourse/Setup O
ption to change activity status to open/closed/cancelled X XC ourse/Setup Programs can be associated with off-site locations (e.g., Class takes place at a business such as an Ice Skating rink) X
XC ourse/Setup Allow for entry of dates class will not meet and the total number of class meetings adjusted accordingly. Must also print on receipt. X
XC ourse/Setup A unique comment/note can be associated with a program (e.g. bring a yoga mat).
Appears on receipt and as part of program information. X XC ourse/Setup One min/max shared by multiple programs or activities (e.g. two programs in the same room at the same time with one maximum) X CivicRec currently tracks min/max to individual sessions.
XC ourse/Setup Option to allow for prerequisites to be linked to a program, so only registrants who have taken the prerequisites (e.g. class(es), skill level(s), etc.) can sign up X XC ourse/Setup Allow multiple, separate fees to be linked to each program and for each separate fee to be linked to a different GL account number X
X Course/Setup Ability to assign multiple instructors to one program X XC ourse/Setup Multiple pay rates can be linked to each instructor (hourly, percentage, per participant, flat fee) X
X Course/Setup Automatically calculate discount fees/coupons or incentives to programs X XC ourse/Setup Incentive options (e.g., register/pay by certain date and receive a discounted fee, early bird registration) X
DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
Attachment A - CivicPlus Contract
C23186719
Item 10:
Page
33 Packet Page 391 of 792
XC ourse/Setup
Allow for staff-defined enrollment prompts allowing for any data fields/questions to be set up and tracked for the program. Prompts will pop-up during registration process (e.g., What is your child’s t-shirt size? How did you hear about this program?) X
XC ourse/Setup Separate registration dates for resident and non-resident, memberships, for online, mail- in and walk-in registrations (e.g. pre-registration) X
X Course/Setup Option to send out email/text reminder to patrons before class/ program begins X XC ourse/Setup
Option to track make-up classes (or to tell if someone has used up all classes paid for).
Administrators can limit number of allowed make-ups per patron. Allow make ups to be added up to the administrator-defined class maximum.
X
XC ourse/Setup
Enrollment History Management. E.g. ability to identify when last gymnastics class was taken and set restrictions on ability to re-enroll. For example, Student registered in 2012 for Level 2. Wants to re-register for Level 2 in 2015. System does not allow registration, notifies them that they have not participated in gymnastics for over 4 months and will need to begin at Level 1.
X
While CivicRec retains and tracks this information there is not currently a way to restrict users from re-enrolling in programs they've already participated in unless they're currently enrolled in which case CivicRec flags and notifies users of active enrollment status.
X Support Live responsive technical support, available during normal business hours in the Pacific Time Zone. X
X Support
Tiered levels of user access to technical support (e.g., recreation staff, system administrator, IT, etc.). System administrators should be notified when anyone else (e.g. recreation staff, IT) contacts customer support directly.
X You can restrict those that can request assistance. There is no additional charge for us to help any member of the City that requires assistance in the system.
X Support Extensive online help for patrons X
X Support Up to date system manuals/help for staff (printed or online) X X Support Timely notification of updates and enhancements (with full descriptions) and training on how to use enhancements X
X Support Payment Processor - Third party host - customer service hours similar to City of Vacaville Community Services business hours X
X Support Online interface to open/track support issues and availab ility of knowledge database. X X Support Provide fixes and patches for problems encountered between software releases. X XD ata Security Provide full back up and restore functions. X X Data Security Provide high availability on 24/7 schedule. X X Data Security Provide 99.9% uptime after exclusion of scheduled maintenance and hardware failure. X XD ata Security Provide full system recovery capabilities. X X Data Security System will not display or print passwords. X X Data Security Ability to purge select data based upon retention schedule. X X PCI Compliance Solution must meet PCI DSS / CISP credit card industry Payment Applicator Best Practices. X CivicRec is PCI SAQ-D compliant as a service provider. CP Pay is certified as PCI Level 1 compliant (please see proposal for additional information).
X PCI Compliance Vendor will provide proof of PCI compliance annually - PCI DSS Certificate of Compliance. X CivicRec maintains PCI compliance through an Approved Scanning Vendor (ControlScan). We are scanned monthly and provided a quarterly certificate of compliance. Our customers are provided a copy of that certificate for use in their own PCI Compliance.
X PCI Compliance Vulnerability scans to be performed by PCI Security Standards and it's results will be available for CSD on request. X
CivicRec maintains PCI compliance through an Approved Scanning Vendor (ControlScan). We are scanned monthly and provided a quarterly certificate of compliance. Our customers are provided a copy of that certificate for use in their own PCI Compliance.
X PCI Compliance
Vendor will notify in writing and voice immediately if any data breach has been detected on any hosted system and will provide detailed assurance/information on what CSD information has been compromised during this breach.
X
X System Ability to access via tablet/Ipad/mobile device X XS ystem Patron/organization data must be shared across all modules of the system (Registration, Facility Booking, Memberships, Online, Child Care, etc.). X XS ystem Staff-facing programs should be compliant with accessibility standards (guidelines from Section 508 of the Rehabilitation Act of 1973)
^ĞĞ
džŚŝďŝƚ͗^ŽĨƚǁĂƌĞŽŵƉŽŶĞŶƚƐ
XS ystem
More than one staff member may update the system at the same time, in the same program. System must prevent the loss of data when two or more people (staff, administrators, patrons) are updating the same record.
X
XS ystem System automatically assigns a unique transaction number to each reservation and/or registration X
XS ystem System must allow the administrators to define how much history is retained and when it is archived X
X System All transactions, reports, etc. in the system should be in real-time X XS ystem
Customizable “dashboard” display with current information without having to run a report. Examples include: reservation calendar, tracking registrations for specific programs, upcoming rentals, "still due" paperwork, etc.
X
CivicRec maintains both Public/Staff dashboards for users, though customization of these dashboards is not currently available we are continuing to address this through product development and the City will have this available once completed at no additional expense.
X System Option to automatically email rosters to instructors at a specified time. X X System Ability to include custom text/logos on all receipts, rental permits, and reports X XS ystem On-going trainer/testing database (i.e., ability to test transactions offline, hidden from public website). Could be used to train new employees or to test out features. X X System Offer gift cards/ rewards X CivicRec supports both Gift Card and Coupon Code functions to meet this need. tŚŝůĞŝǀŝĐZĞĐĚŽĞƐƉƌŽǀŝĚĞƚŚĞĂďŝůŝƚLJƚŽĂĚĚůŽŐŽƐĂŶĚĐƵƐƚŽŵƚĞdžƚƚŽƚŚŝŶŐƐůŝŬĞƌĞĐĞŝƉƚƐĂŶĚƉĞƌŵŝƚƐƵƐŝŶŐƉƌŽǀŝĚĞĚƚĞŵƉůĂƚĞƐ͕ŝǀŝĐZĞĐ ĚŽĞƐŶŽƚƐƵƉƉŽƌƚĂĚĚŝŶŐĐƵƐƚŽŵƚĞdžƚͬůŽŐŽƐƚŽƌĞƉŽƌƚƐĂǀĂŝůĂďůĞƚŚƌŽƵŐŚŝǀŝĐZĞĐΖƐƌĞƉŽƌƚŝŶŐƚŽŽůƐ DocuSign Envelope ID: 650D9CF1-FE8C-48CF-83D0-8F6B3BD1542A ITEM 10
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall provide ongoing Services to the CITY as described in Exhibit A, Scope of Services for the Recreation Management Software System within the term of the Agreement.
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on- call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
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rofessional Services
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the rate schedule attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all S ervices, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement . CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4) , within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimburs able under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
1. A
nnual Services
January 1, 2023 through December 31, 2028
Contract Term Annual Fee
Jan 1, 2023 – June 30, 2023 $50,377.50
July 1, 2023 – June 30, 2024 $105,792.75
July1, 2024 – June 30, 2025 $111,082.40
July 1, 2025 – June 30, 2026 $116,636.52
July 1, 2026 – June 30, 2027 $122,468.35
July 1, 2027 – June 30, 2028 $128,591.77
July 1, 2028 – December 31, 2028 $70,886.30
CONSULTANT reserves the right to reassess the historical data and transaction volume annually to ensure that the Annual Service Fees accurately reflects the transaction volume processed in the prior year. Should transaction volume no longer reflect the annual fees listed here, the parties shall meet and confer over any fee adjustments, which will be subject to mutual agreement and written amendment of this Agreement.
2. (Optional Additional Services) Enhanced implementation costs for automated exports from Activenet to CONSULTANT which shall only be charged if requested by City in writing, per section 4, Additional Services may include, and shall be quoted upon request:
11. Memberships export
12. User Credits export
13. Facilities export
14. Activities export
15. Custom financial extracts
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY 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: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
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.
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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 CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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Certificate Of Completion
Envelope Id: 650D9CF1FE8C48CF83D08F6B3BD1542A
Status: Completed
Subject: Complete with DocuSign: C23186719 CivicRec - Renewal -Final R1.pdf Source Envelope:
Document Pages: 46
Signatures: 2
Envelope Originator:
Certificate Pages: 2
Initials: 0
Cecilia Magana
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
[email protected]
IP Address: 199.33.32.254
Record Tracking
Status: Original
1/10/2023 2:05:54 PM
Holder: Cecilia Magana
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Palo Alto
Location: DocuSign
Signer Events
Signature
Timestamp
Amy Vikander
[email protected]
Senior Vice President of Customer Success
CivicPlus
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.6.123.178
Sent: 1/10/2023 2:29:55 PM
Resent: 1/11/2023 8:37:19 AM
Viewed: 1/11/2023 9:04:14 AM
Signed: 1/11/2023 10:31:22 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cole Cheever
[email protected]
Senior Vice President of Operations
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 87.54.40.213
Signed using mobile
Sent: 1/11/2023 10:31:25 AM
Viewed: 1/11/2023 10:57:51 AM
Signed: 1/11/2023 11:07:56 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Cayla Koga
[email protected]
Program Assistant I
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 1/11/2023 11:07:59 AM
Viewed: 1/11/2023 11:23:12 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Carbon Copy Events
Status
Timestamp
Nanette O'Brien
Nanette.O'[email protected]
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 1/11/2023 11:08:01 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
1/10/2023 2:29:55 PM
Envelope Updated
Security Checked
1/10/2023 3:14:05 PM
Certified Delivered
Security Checked
1/11/2023 10:57:51 AM
Signing Complete
Security Checked
1/11/2023 11:07:56 AM
Completed
Security Checked
1/11/2023 11:08:01 AM
Payment Events
Status
Timestamps
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CITY COUNCIL
STAFF REPORT
From: City Clerk
Report Type: CONSENT REPORT
Lead Department: City Clerk
Meeting Date: January 23, 2023
TITLE
Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks and Council Events for Calendar Year 2023
RECOMMENDATION
Adopt a resolution establishing the Annual Summer and Winter Breaks, Council Regular and alternate meeting dates and Council event schedule from January to December 2023.
BACKGROUND
Staff is requesting consideration of adopting an official Council schedule for 2023 to allow the Council to more efficiently conduct the City’s business and offer the community, the Council and staff the opportunity to better plan for those meetings.
Under Municipal Code Section 2.04.010(b), each year, no later than the third meeting in February, the Council shall, by Resolution, schedule its vacation for that year. During the vacation period, the Code states that there shall be no regular meetings of the Council or its standing committees. Under the Code, the Mayor or a majority of the Council may call a special meeting during the scheduled vacation, if necessary. This process occurs annually.
Additionally, Municipal Code Section 2.04.010(a) sets regular City Council meetings on the first three Mondays of each month. Recognizing that the Council has significant business to conduct, and at times there is a need for additional meetings to finish that business, as well as occasional meetings falling on a holiday or a day of cultural or religious significance, announcing in advance which meeting dates may be modified will maximize public participation in the public process and create operational efficiencies.
ANALYSIS
Attachment A outlines the proposed Council calendar for 2023. The attachment also includes a list of holidays and heritage and awareness months. As an iterative process, staff is aware that this list is not exhaustive and will continue to evolve over time. The goal with sharing these ITEM 11
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holidays and heritage and awareness months in Attachment A is to increase awareness as part of the City’s equity and inclusion efforts.
The Attachment A calendar includes Council and Committee regular and alternate meeting dates, summer and winter vacation schedule and Council annual events for calendar year 2023.
Modifications proposed to regular meeting dates were based on the following:
1. Federal or City negotiated Holidays which may fall on a date of what would be a regularly scheduled meeting.
2. Local election days which fall on the first Tuesday of the month in November in even number years (past practice has included the rescheduling of Committee meetings that fall on Palo Alto election night).
3. Shifting of a City Council meeting in order to respect a religious or cultural date of significance per Council and process recommended by the Human Relations Commission.
4. Establishment of alternate meeting dates, should they be necessary for conducting Council business.
Dates of Significance
During the March 7, 2022 City Council meeting the City Council addressed a colleagues memo recognizing key dates as part of continuing to prioritize diversity, equity, and inclusion, building upon the equity goals adopted in November 2020. Council took action to ”formally recognize and celebrate significant multicultural dates and months to promote equality, honor diversity and oppose racism.” The motion was as follows:
MOTION: Council Member Burt moved, seconded by Vice Mayor Kou to formally recognize and celebrate the following dates:
A. Juneteenth, Cesar Chavez and Dolores Huerta Day, and add Indigenous People’s Day as dates of historic significance, and May as Asian American Pacific Islander Native Hawaiian Heritage Month; and
B. Authorize Proclamations celebrating the above dates; C. Refer to the Human Relations Commission (HRC) recommendations on how to best recognize and celebrate these dates; and
D. Ask the HRC to evaluate recognition of Holocaust Remembrance Day and Armenian Remembrance Day and evaluate if October 11th should be redesignated as Italian Heritage Day.
MOTION PASSED: 7-0
The Human Relations Commission (HRC) agendized a discussion and developed a recommendation for criteria to categorize different events and holidays. This information was used as additional guidance in this calendar development discussion. The HRC will return to the ITEM 11
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Council at a future meeting to report on their proposed operational process for recognizing those dates of significance, or any other significant date identified going forward.
Of note, in the 2023 calendar year, there are not many instances of the identified events of cultural or religious significance falling on a regularly scheduled meeting date.
Attachment B is another format of the calendar as a multi-page month-by-month calendar. It mirrors the information in Attachment A but also includes some additional holidays for awareness.
FISCAL/RESOURCE IMPACT
There are no fiscal impacts associated with this action.
STAKEHOLDER ENGAGEMENT
Staff in the City Clerk’s Office, the City Manager’s Office, and Community Services worked on the draft of the calendar. The Human Relations Commission also held discussions to determine how to honor dates of cultural and religious significance in the City, per Council direction. As mentioned above, for the holidays and heritage and awareness months are a first attempt to expand awareness and will continue to evolve over time based on continued feedback.
ENVIRONMENTAL REVIEW
This is not a project.
ATTACHMENTS
Attachment A: 2023 Council Meeting, Break and Event Schedule Attachment B: 2023 City Calendar with Holidays (Alt Format) APPROVED BY:
Lesley Milton, City Clerk
Report #: 2212-0567
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2023 City Council & Committee Calendar
City Council Finance Policy &
Services Rail Days of Significance
(Not intended to be an exhaustive list)
January 9, 2023 ** No Council Committee Meetings in January 1.2 New Year Holiday
1.16 MKL Jr. Holiday
1.22 Lunar New Year
1.27 Holocaust Remembrance Day
January 23, 2023
January 30, 2023
February 6, 2023 February 7, 2023 February 14, 2023 February 22, 2023 2.20 President's Day February 13, 2023 February 21, 2023
February 27, 2023
March 6, 2023 March 7, 2023 March 14, 2023 March 22, 2023 3.31 Cesar Chavez & Dolores Huerta Day March 13, 2023 March 21, 2023
March 20, 2023
March 27, 2023
April 3, 2023 April 4, 2023 April 11, 2023 April 19, 2023 4.21-4.22 Eid al-Fitr
4.24 Armenian Remembrance Day April 10, 2023 April 18, 2023 April 17, 2023
May 1, 2023 May 2, 2023 May 9, 2023 May 17, 2023 5.29 Memorial Day May 8, 2023 May 16, 2023
May 15, 2023 TBD Budget Mtgs
May 22, 2023
June 5, 2023 June 6, 2023 June 13, 2023 June 21, 2023 6.19 Juneteenth
6.22.22 – 8.6.22 Summer Break June 12, 2023 June 20, 2023 June 19, 2023
August 7, 2023 August 8, 2023 August 15, 2023 August 23, 2023 August 14, 2023 August 22, 2023
August 21, 2023
August 28, 2023
September 11, 2023 September 5, 2023 September 12, 2023 September 20, 2023 9.4 Labor Day
9.15-9.17 Rosh Hashanah
9.24-9.25 Yom Kippur
September 18, 2023 September 19, 2023
October 2, 2023 October 3, 2023 October 10, 2023 October 18, 2023 10.9 Indigenous People's and Italian American Heritage Day October 16, 2023 October 17, 2023 October 23, 2023
October 30, 2023
November 6, 2023 November 7, 2023 November 14, 2023 11.11 Veterans Day
11.12 Diwali
11.20 -11.24 Thanksgiving Week
November 13, 2023 November 28, 2023
November 27, 2023
December 4, 2023 December 5, 2023 December 12, 2023 December 20, 2023
12.7-12.15 Hanukkah
12.20.23 – 1.7.24 Winter Break
December 11, 2023 December 19, 2023
December 18, 2023
** ** Meetings in underlined italics are alternative meeting dates Adopted as of __________________ ITEM 11
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Co
uncil Break Schedule 2023
Su
mmer Break: Thursday June 22 – Sunday August 6, 2023
Winter Break: Wednesday December 20 – Sunday January 7, 2024 Co
uncil Events 2023
Monday, January 9, 2023 Council Reorganization Event
Saturday, January 28, 2023 Annual Priority Setting Retreat Saturday, March 22, 2023 State of the City
Friday, September 29, 2023 Board/Commission/Committee Recognition Event Heritage and Awareness Months by Month
February
Black History Month
Mar
ch
National Women’s History Month
Irish American Heritage Month
Apr
il
National Arab American Heritage Month
May
Asian American Pacific Islander Native Hawaiian
Heritage Month
Mental Health Awareness Month
Affordable Housing Month
Older Americans Month
Jewish American Heritage Month
Public Service Recognition Week
June
LGBTQ+ Pride Month
Immigrant Heritage Month
Caribbean American Heritage Month
Sep
tember
Hispanic Heritage Month
Oc
tober
National Italian American Heritage Month
No
vember
National Native American Heritage Month
(This is not intended to be an exhaustive list. As an iterative process, this list will continue to evolve over time as needed).
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SUN MON TUE WED THU FRI SAT
1 2
NEW YEAR'S
DAY OBSERV.
3 4 5 6 7
8 END OF
COUNCIL BREAK
9 COUNCIL REORG
10 11 12 13 14
15 16
MLK DAY
17 18 19 20 21
22 LUNAR NEW
YEAR
23 COUNCIL
MEETING
24 25 26 27
HOLOCAUST
REMEMRANCE
DAY
28 COUNCIL
RETREAT
29 30
COUNCIL
MEETING
31 2023 . January
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SUN MON TUE WED THU FRI SAT
1 2 3 4
5 6
COUNCIL
MEETING
7 FINANCE CMTE
8 9 10 11
12 13
COUNCIL
MEETING
14 POLICY &
SERVICES CMTE
15 16 17 18
19 20
PRESIDENTS'
DAY
21 FINANCE CMTE
22 RAIL CMTE
23 24 25
26 27
COUNCIL
MEETING
28 2023 . February
Black History Month
ITEM 11
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SUN MON TUE WED THU FRI SAT
1 2 3 4
5 6
COUNCIL
MEETING
7 FINANCE CMTE
8 INT'L WOMEN'S
DAY
9 10 11
TENTATIVE
STATE OF THE
CITY
12 13
COUNCIL
MEETING
14 POLICY &
SERVICES CMTE
15 16 17
ST. PATRICK'S
DAY
18 19 20
COUNCIL
MEETING
21 FINANCE CMTE
22 RAIL CMTE
23 24 25
26 27
COUNCIL
MEETING (ALT)
28 29 30 31
CESAR CHAVEZ
& DELORES
HUERTA DAY
2023 . March
National Women's History Month; Irish American Heritage Month; Gender Equality Month ITEM 11
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SUN MON TUE WED THU FRI SAT
1 2 3
COUNCIL
MEETING
4 FINANCE CMTE
5 PASSOVER
BEGINS
6 7 8
9 EASTER
10 COUNCIL
MEETING
11 POLICY &
SERVICES CMTE
12 PASSOVER
ENDS
13 14 15
16 17
COUNCIL
MEETING
18 FINANCE CMTE
19 RAIL CMTE
20 21
EID AL-FITR
(END OF
RAMADAN)
22 EARTH DAY
23 24
PALO ALTO DAY;
ARMENIAN
REMEMBRANCE
DAY
25 26 27 28 29
30 2023 . april
National Arab American Heritage Month; Autism Awareness Month ITEM 11
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SUN MON TUE WED THU FRI SAT
PUBLIC SERVICE
RECOGNITION
WEEK
1 COUNCIL
MEETING
2 FINANCE CMTE
3 4 5
CINCO DE MAYO
6 7 8
COUNCIL
MEETING
9 POLICY &
SERVICES CMTE
10 11 12 13
14 15
COUNCIL
MEETING
16 FINANCE CMTE
17 RAIL CMTE
18 19 20
21 22
COUNCIL
MEETING (ALT)
23 24 25 26 27
28 29
MEMORIAL DAY
30 31
2023 . may
Asian American Pacific Islander Native Hawaiian Heritage Month; Mental Health Awareness Month Affordable Housing Month; Older Americans Month; Jewish American Heritage Month *TBD Budget Hearing Dates for Finance Committee (dates to be added once available) ITEM 11
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SUN MON TUE WED THU FRI SAT
1 2 3
4 5
COUNCIL
MEETING
6 FINANCE CMTE
7 8 9 10
11 12
COUNCIL
MEETING
13 POLICY &
SERVICES CMTE
14 15 16 17
18 19
COUNCIL
MEETING
JUNETEENTH
20 FINANCE CMTE
21 RAIL CMTE
22 COUNCIL BREAK
BEGINS
23 24
25 26 27 28
EID AL-ADHA
29 30
2023 . june
LGBTQ+ Pride Month; Immigrant Heritage Month; Caribbean American Heritage Month ITEM 11
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SUN MON TUE WED THU FRI SAT
1 2 3 4
INDEPENDENCE
DAY
5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
2023 . july
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SUN MON TUE WED THU FRI SAT
1 2 3 4 5
6 END OF
COUNCIL BREAK
7 COUNCIL
MEETING
8 FINANCE CMTE
9 10 11 12
13 14
COUNCIL
MEETING
15 POLICY &
SERVICES CMTE
16 17 18 19
20 21
COUNCIL
MEETING
22 FINANCE CMTE
23 RAIL CMTE
24 25 26
27 28
COUNCIL
MEETING (ALT)
29 30 31
2023 . August
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SUN MON TUE WED THU FRI SAT
1 2
3 4
LABOR DAY
5 FINANCE CMTE
6 7 8 9
10 11
COUNCIL
MEETING
PATRIOTS DAY
12 POLICY &
SERVICES CMTE
13 14 15
ROSH
HASHANAH
(9.15-9.17)
16 17 18
COUNCIL
MEETING
19 FINANCE CMTE
20 RAIL CMTE
21 22 23
24 YOM KIPPUR
25 YOM KIPPUR
26 27 28 29
BOARD / COMM
RECOGNITION
EVENT
30 2023 . September
Hispanic Heritage Month
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SUN MON TUE WED THU FRI SAT
1 2
COUNCIL
MEETING
3 FINANCE CMTE
4 5 6 7
8 9
INDIGENOUS
PEOPLE'S DAY &
ITALIAN
AMERICAN
HERITAGE DAY
10 POLICY &
SERVICES CMTE
11 12 13 14
15 16
COUNCIL
MEETING
17 FINANCE CMTE
18 RAIL CMTE
19 20 21
22 23
COUNCIL
MEETING
24 25 26 27 28
29 30
COUNCIL
MEETING (ALT)
31 HALLOWEEN
2023 . October
National Italian American Heritage Month
ITEM 11
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SUN MON TUE WED THU FRI SAT
1 DAY OF THE
DEAD
(11.1-11.2)
2 3 4
5 6
COUNCIL
MEETING
7 FINANCE CMTE
8 9 10 11
VETERANS DAY
12 DIWALI
13 COUNCIL
MEETING
14 POLICY &
SERVICES CMTE
15 16 17 18
19 20
-
21 22 23
THANKSGIVING
DAY
24 DAY AFTER
THANKSGIVING
25 26 27
COUNCIL
MEETING
28 FINANCE CMTE
(ALT)
29 30
2023 . November
National Native American Heritage Month
ITEM 11
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SUN MON TUE WED QUI FRI SAT
1 2
3 4
COUNCIL
MEETING
5 FINANCE CMTE
6 7
HANUKKAH
(12.7-12.15)
8 9
10 11
COUNCIL
MEETING
12 POLICY &
SERVICES CMTE
13 14 15 16
LAS POSADAS
(12.16-12.24)
17 18
COUNCIL
MEETING
19 FINANCE CMTE
20 RAIL CMTE
COUNCIL BREAK
(12.20 - 1.7.24)
21 WINTER
SOLSTICE
22 23
24 25
CHRISTMAS
26 KWANZAA
(12.26-1.1)
27 28 29 30
31 2023 . December
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CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: CONSENT REPORT
Lead Department: City Manager
Meeting Date: January 23, 2023
TITLE
Approval of Recommendations on Process for 2023 Council Priority Setting Retreat
RECOMMENDATION
Staff recommends that the Council approve the recommended process for the Council 2023 Priority Setting retreat.
BACKGROUND
In October 2012, the City Council approved Priority Setting Guidelines (CMR #3156)1 and outlined the role of the Policy & Services Committee in this activity. Item 3, listed int he Process section of the Guidelines states:
The Policy and Services Committee, each year at its December meeting, shall make recommendations about the process that will be used at the Annual Retreat paying particular attention to the number of priorities suggested by Council members. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat.
This report outlines the recommended process.
ANALYSIS
At its December 13, 2022 meeting, the Policy & Services (P&S) Committee reviewed the 2022 Priorities and proposed 2023 Priority Setting process for reviewing and selecting Council priorities. Staff presented a general outline of the process, including community engagement opportunities and program for the annual retreat.
1 City Council October 1, 2012; CMR #3156: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager- reports-cmrs/year-archive/2012/mini-packet-3156.pdf
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Through its discussion, P&S members expressed interest in discussing meeting efficiency as well as committee workplans as part of the retreat. Review of committee workplans has therefore been added to the recommended program below. Discussion of meeting efficiency is not explicitly identified, since subsequent to the P&S meeting the Council continued discussion of Council’s Procedures and Protocols Handbook. The Council will have the opportunity to discuss meeting efficiency as part of the Procedures and Protocols Handbook review planned for January 30th.
Also discussed at the Policy & Services Committee, was the importance of reiterating and being mindful of the Council adopted values (CMR #14731)2 and value statement (CMR #14912)3 in advance of the Council retreat, the statement and core values state:
The Palo Alto City Council has universally shared values that help guide our decisions and the work we do. These values include:
1. We will make decisions that balance revenues and expenses, now and in the future.
2. We will make decisions that are environmentally sustainable, now and in the future.
3. We will integrate equity into our decisions, considering how decisions affect people differently based on their identity or circumstances.
4. We will make decisions that create a healthy, safe and welcoming community for all.
5. We will safeguard public trust through transparent practices and open communication.
6. We embrace innovation.
Recommended Annual Retreat Program:
1. Roll Call & Welcome from Mayor, Council Retreat Overview and Discussion 2 Policy & Services Committee September 13, 2022; CMR #14731: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendasminutes/policy-and-services-committee/2022/20220913/20220913ppsr.pdf ; Minutes:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/policy-andservices- committee/2022/20220913/20220913ampsr.pdf
3 City Council November 7, 2022; CMR 14912: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas- minutes/citycouncil-agendas-minutes/2022/20221107/20221107pccsm-amended-linked-q.a-2.pdf; Minutes:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/citycouncil-agendas- minutes/2022/20221107/20221107amccsm.pdf
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2. Overview of Community Survey Results
3. Staff presentation on the Status of 2022 Council Priorities
4. Public Comments
5. Reflections on 2023 City Council Priorities
6. 2023 Standing Committee Topics
7. Retreat Debrief, Take Away and Next Steps
8. Adjournment
The City Council 2023 Priority Setting retreat is scheduled for Saturday, January 28, 2023 at the Mitchell Park Library El Palo Alto Room.
FISCAL/RESOURCE IMPACT
The Council’s annual priority setting process is included within the City’s annual work program.
STAKEHOLDER ENGAGEMENT
The Policy & Services Committee discussed the 2023 Council Priority Setting retreat process at its December 13, 2022 meeting, there was no public comment pertaining to the process. Further community engagement and feedback on Council Priorities will be summarized in the January 28, 2023 retreat report to Council.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because the process for the Council Priority Setting retreat is a continuing administrative or maintenance activity. CEQA Guidelines section 15378(b)(2).
ATTACHMENTS
None
APPROVED BY:
Ed Shikada, City Manager
Report #: 2301-0771
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CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: ACTION
Lead Department: Planning and Development Services
Meeting Date: January 23, 2023
TITLE
PUBLIC HEARING / QUASI-JUDICIAL. 575 Los Trancos [21PLN-00196]: Major Site and Design Application for the Construction of a new 7,245 Square Foot Single-Family Residence With a new 895 Square Foot Accessory Dwelling Unit and Associated Site Improvements, Including a Swimming Pool, on a 5.38-Acre Site. Zoning District: Open Space (OS). Environmental Assessment: A Draft Mitigated Negative Declaration was Circulated for Public Comment on August 17, 2022 and Ended on September 16, 2022.
RECOMMENDATION
Staff recommends the City Council:
1. Adopt the Final Initial Study and Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. (Attachments E and F)
2. Approve the Record of Land Use Action for the proposed Site and Design Review application for a Single-Family House and Accessory Dwelling Unit. (Attachment C)
EXECUTIVE SUMMARY
The subject application is a request for Site and Design Review of a new, two-story, 7,245 square foot primary house (including a 734 square foot garage), and an 895 square foot accessory dwelling unit on a vacant, 5.38-acre lot in the Open Space zoning district. Site and Design Review1 is a discretionary land use planning application that is used for certain development located in environmentally or ecologically sensitive environments, such as the subject project location in the Foothills. These applications are reviewed by the Planning and Transportation Commission (PTC) who forward a recommendation on to Council. The PTC has reviewed the subject project to the Site and Design findings, conformance with local regulations and, with the incorporation of environmental mitigation measures and conditions of approval, recommends project approval.
1 More information about Site and Design reviews is available online from the City’s published zoning code regulations: https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-79449 ITEM 13
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Draft findings and conditions are attached to this report in Attachment C. Councilmembers are encouraged to review this document, called the record of land use action, as it serves to memorialize the Council’s decision. In particular, a project decision is based on required findings which are provided for in this document. All findings must be made in the affirmative to approve the project.
Prior to making a decision on the project, the Council must consider the environmental analysis, which is provided in Attachment E and F, including special project-related conditions related to mitigation measures identified in the Mitigated Negative Declaration (MND), as required by the California Environmental Quality Act. Public comments on the Draft MND were heard by the Planning & Transportation Commission and a response to public comments has been included as Attachment G. Based on these comments, the project was modified to include shades to exterior lights and windows facing towards Los Trancos Creek. The public comments received did not change the conclusions of the MND.
BACKGROUND
This project was recommended for approval by the Planning and Transportation Commission (PTC) at their August 31, 2022, meeting. The PTC’S motions were as follows:
•Recommendation of the Staff proposal for 575 Los Trancos with direction to Staff that the applicant submit their proposal for light mitigation to address PAMC Section
18.40.140(3)(G) and (4)(A). Motion passed 4-1-2.
•Recommendation that Staff review potential amendments for interior and outdoor lighting in the OS Zone to ensure an appropriate level of lighting restrictions in this animal- intensive nature area. Motion passed 5-0-2.
The staff report,2 minutes3, and video4 can be found online; see links provided in footnotes.
PROJECT DESCRIPTION
The proposed project consists of a new, two-story, 7,245 square foot main house (including a 734 square foot garage) and an 895 square foot Accessory Dwelling Unit (ADU). The project will create two net new housing units. A portion of the site is sloped and contains a creek; the site is an undeveloped 5.38-acre lot in the Open Space zoning district. The project also includes improving and extending the existing driveway and fire access road, creating a new swimming pool, and landscape improvements. A fence or wall(s) will enclose the ADU, pool area, and rear patio area. 2 Link to 8-31-22 staff report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/planning-and-transportation-commission/2022/ptc-08.31.2022-575-los-trancos.pdf 3 Link to 8-31-22 meeting summary minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/planning-and-transportation-commission/2022/ptc-8.31.2022-summary_bc-bgh- edits.pdf
4 Link to 8-31-22 meeting video: https://midpenmedia.org/planning-transportation-commission-63-8312022/ ITEM 13
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Three covered garage spaces are provided, and the auto court provides additional space for tandem parking. Project Plans are located via Attachment D.
The house is a contemporary style with most of the floor area on ground floor and a compact second-floor plan. Materials include both vertical and horizontal wood siding, plaster, and aluminum framed glass windows. The building height is 21 feet and 7 inches overall. The ADU utilizes the same materials and is about 11 feet tall.
The topography of the project area is mostly flat; however, 80 cubic yards of grading is required for the foundation. The building site is low relative to the street with the finished floor of the house about nine feet below the street elevation. The rear of the property includes a creek, which has been discussed in the environmental review document, the Mitigated Negative Declaration.
The code required building setback from a creek is 20 feet (PAMC 18.40.140). The building extends to this setback at two corners near the northwestern end of the house but is otherwise located beyond the protection area. However, the City’s Comprehensive Plan Policy N3.3 and program N3.3.1 seek a range of setbacks; where a 150-foot setback is cited as appropriate for new development west of Foothill Expressway, the program notes that single-family residential development can be exempt from this larger setback.
The 5.38-acre site contains 82 trees, including 38 protected trees. One protected Coast Live Oak tree is being removed because it is dead. Four other non-protected trees are identified for removal because they are dead or significantly failing; one of the unprotected trees is impeding the planned location for the driveway and will be removed. All remaining trees will be protected.
Tree protection fence locations are shown on plan set sheet A1.1. Some trees are located very far from the project area and will not require tree protection fencing during construction.
DISCUSSION
The project’s compliance with the Zoning Code and the Comprehensive Plan were analyzed and discussed in the PTC report, and the PTC found the project to be consistent with those documents and the application findings, with additional information needed regarding lighting. Additional questions were also raised related to the overall proximity to the Los Trancos Creek, as it relates not only to lighting, but also to landscape preservation and fire risk. This report is focusing on those key remaining items.
Proximity of Proposed Structures to Los Trancos Creek
A significant portion of the PTC discussion was regarding Comprehensive Plan Policy N3.3 and program N3.3.1, which states that Stream Corridor Protection Ordinance should be updated to explore a 150 ft setback between a natural creek and a building, as well as conditions under which single family property may be exempt from such a setback. The current ordinance requires only a 20 foot setback, which this project complies with. The City has yet to codify Program N3.3.1, to require a larger setback, which would require a zoning code amendment with hearings before the PTC and Council could implement a new requirement.
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Zoning Code Section 18.40.140, Stream Corridor Protection, requires a 20-foot distance between the top of the creek bank and structures or a 2:1 setback from the toe of the bank, whichever is greater. Plan set sheet C-2.0 includes a diagram showing that the 20-foot setback is the greater of the two requirements.
Preservation of riparian landscaping is also a priority. Mitigation Measure BIO-3 and the Conditions of Approval require fencing at the 20-foot creek setback, and no construction activity may occur in this zone. No removal of riparian landscaping is proposed or anticipated.
Additionally, Sediment and erosion control measures (e.g., sand or gravel bags, hay bales, check dams) are required.
The Public Works Engineering Department also requires a Grading Permit and a Grading and Drainage plan to be prepared and approved prior to starting construction. These documents will analyze in further detail any requirements related to erosion near the creek. Notably:
•Any “land disturbing” activities during the wet season (October 1 through April 15) require special permission from the City Engineer, on the basis of forecasted weather. (PAMC
16.28.280)
•Erosion control inspections are performed by the Watershed Preservation division regularly throughout construction.
Lighting and Shading
In response to the PTC comments, revisions have been made to the lighting conditions:
•Automatic blackout shades will be installed on all upper-story windows facing the creek, to limit nighttime light intrusion on potential local wildlife. •Recessed lighting has been relocated further away from these windows and the rooms have vacancy sensors.
•Exterior lighting will have motion sensors and be the minimum required by the Building Code.
The Final IS/MND has been updated with an explanation of why the lighting associated with the proposed project does not pose a significant impact, as follows:
Potential sources of glare from the proposed project would consist of windows, parked cars, and the pool. However, these glare sources are similar to those from nearby residences and would not constitute a substantial new source of glare. The proposed residence would also be screened by existing tree cover from the roadway and nearby residences. Compliance with PAMC Section 18.28.070(n) would reduce potential impacts from glare to the night sky and off-site. Therefore, the proposed project would not create a substantial source of glare that would adversely affect day or nighttime views. Impacts related to glare would be less than significant.
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Fire Risk and Defensible Space
This project is not located within a Fire Hazard Severity Area as defined by the State of California.
However, PAMC 15.04.190 includes any property west of Interstate 280 as part of Palo Alto’s “Wildland-Urban Fire Interface Area”. Defensible Space is required by PAMC 15.04.200. This requires that no flammable vegetation be located within 30 ft of the structure. Vegetation that is green and healthy is not considered flammable, and therefore the riparian landscaping within 30 feet of the building footprint is expected to remain as-is with maintenance to remove any dead vegetation as needed. The goal of this project is to ensure the viability of the riparian landscaping throughout the construction and occupancy of the house while reducing fire risk. In general, healthy green landscaping is encouraged and protected, while dead and dry landscaping shall be cleared from the vicinity regularly. The following recommendations from the Fire Prevention staff are incorporated into the Conditions of Approval:
•At the time of Building Permit application, the applicant shall prepare a Fire Protection Plan to the satisfaction of the Fire Code Official, and meeting the requirements of California Fire Code 4903.1-4903.4 (corresponds to PAMC 15.04.195). •Defensible space shall be maintained in compliance with California Fire Code 4907.1- 4907.2 (corresponds to PAMC 15.04.200).
NEXT STEPS
The Council’s decision is final. If the project is approved, the applicant will move forward in applying for building permits and any other applicable permits.
STAKEHOLDER ENGAGEMENT
The City published the mitigated negative declaration for public comment, conducted public meetings and responded to project-related inquiries. Notice of a public hearing for this project was published in the Daily Post on January 13, 2023. Postcard mailing occurred on January 10, 2023.
ENVIRONMENTAL REVIEW
The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. A Draft Mitigated Negative Declaration was prepared. In accordance with CEQA Guideline Section 15073, this document was available online for review during a minimum 30-day circulation period beginning August 17, 2022, and ending September 19, 2022. During the circulation period, two comment letters were received. The Response to Comments is available in Attachment D.
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Mitigations were required for Air Quality, Biology, Cultural Resources, and Geology. All mitigations are for the pre-construction or construction phases and will not require ongoing monitoring beyond the completion of the project. In response to the written comments received, as well as PTC feedback, the following changes were incorporated into the Final IS/MND:
•Incorporating discussion of the lighting changes as previously described, with no changes to the determination or mitigation.
•Minor grammar and word choice edits (ie, replacing the word ”project” with ”development area”)
The Final IS/MND is included in this report as Attachment E. The MMRP is included as Attachment F, and the Response to Comments is Attachment G.
ATTACHMENTS
Attachment A: Location Map
Attachment B: Zoning Comparison Table
Attachment C: Draft Record of Land Use Action
Attachment D: Project Plans and Environmental Review
Attachment E: Final IS-MND
Attachment F: Mitigation Monitoring and Reporting Program Attachment G: Response to Comments on the Draft IS-MND
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Report #: 2212-0460
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182-46-012
182-38-030
182-36-022
LOS TRANCOS ROAD
TIERRA ARBOLES
N
C
O
S
R
O
A
D
601
601
575
575
622
610
805
805
This map is a product of the
City of Palo Alto GIS
This document is a graphic representation only of best available sources.
Legend
Assessment Parcel Palo Alto
Assessment Parcel Palo Alto
Assessment Parcel Outside Palo Alto
abc Road Centerline Small Text (TC)
Curb Face (RF)
Pavement Edge (RF)
abc Address Label (AP)
Current Features
City Jurisdictional Limits (PL):
Districts
0' 151'
Attachment A
Location Map
575 Los Trancos Road
CITY OF PALO ALTO
I
N
C
O R P O R A
T
E
D
CAL I FORN IA
P a l o A l t o
T h e C i t y o f
A
P
R
I L 1 6 1
8 9
4 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto efoley2, 2022-08-23 14:25:39
(\\cc-maps\Encompass\Admin\Personal\Planning.mdb)
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6 ATTACHMENT B
ZONING COMPARISON TABLE
575 Los Trancos Road 21PLN-00196
Table 1a: COMPARISON WITH CHAPTER 18.28 (OS DISTRICT)
OS Residential Development Standards
Regulation Required Existing Proposed
Minimum Site Area, Width
and Depth
Area: 10 acres
Width: No standard
Depth: No standard
Area: 5.38 acres
Width: more than
1300 feet
Depth: varies, 40-250
feet
No change
Front Yard 30 feet N/A 88 feet 8 inches
minimum
Street Side Yard 30 feet N/A N/A
Rear Yard 30 feet, and 20 feet
from creek top of bank
N/A 38 feet from property
line, 20 feet from top of
bank, minimum
Interior Side Yard 30 feet N/A Right: approx. 250 ft
Left: approx. 154 ft
Max. Building Height 25 feet N/A 21 feet 7 inches
Maximum Impervious
Coverage
4% (9,374 sf) N/A 8,140 sf, including ADU
Max. Total Floor Area Ratio 4% (9,374 sf) N/A 9,192 sf (6,925 sf buildings, 2,267
hardscape)
Table 1b: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) Single Family Residential Uses (Tandem Parking Allowed) Type Required Existing Proposed
Vehicle Parking 4 spaces, of which one
must be covered
N/A 3 covered spaces, 1
uncovered space
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Table
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7 Attachment C
APPROVAL NO. XX-XXXX
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 575 LOS TRANCOS ROAD: SITE & DESIGN
[FILE NO. 21PLN-00196]
On [DATE], the City Council approved certification of the Mitigated Negative Declaration (IS/MND) and Approval of the Site and Design to Allow a new 7,245 sf single-family residence with a new 734 sf Accessory Dwelling Unit and associated site improvements, including a swimming pool, on a 5.38-acre site located at 575 Los Trancos Road, making the following findings, determination and declarations:
SECTION 1. BACKGROUND. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows:
A. On July 13, 2021, Leonard Ng (LNAI Architecture) on behalf of Innovative Homes, LLC applied for a Site and Design application to allow a new 7,245 sf single-family residence with a new 895 sf Accessory Dwelling Unit and associated site improvements, including a swimming pool.
B. Staff has determined that the proposed project is in compliance with the applicable OS development standards.
C. The City prepared an Initial Study and Mitigated Negative Declaration (ISMND), see Section 2. Environmental Review
D. Following staff review, the Planning and Transportation Commission (Commission) reviewed the project design and the IS/MND on August 31, 2022, and recommended approval.
F. On [DATE], the City Council reviewed the project design and the IS/MND. After hearing public testimony, the Council voted to approve the project subject to the conditions set forth in Section 4 of this Record of Land Use Action.
SECTION 2. ENVIRONMENTAL REVIEW. In conformance with the California Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative Declaration was certified by the City Council on [date]. The document (State Clearinghouse No. XXX) concluded that the proposed project(s) would not have a significant effect on the environment with mitigation as proposed. The ISMND is available for review on the City’s website:
http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=2642&TargetID=319. All mitigation measures as stated in the approved Mitigation Monitoring and Reporting Program (MMRP) have been incorporated into the conditions of approval.
SECTION 3. SITE AND DESIGN OBJECTIVES. The design and architecture of the proposed improvements, as conditioned, complies with the Site and Design Objectives as required in Chapter
18.30.060(G) of the PAMC.
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7 A. Objective (a): To ensure construction and operation of the use in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites.
The proposed use is a single-family house and accessory dwelling unit (ADU) in the Open Space (OS) zoning district, on a property adjacent to other single-family uses. The proposed construction will meet all city requirements for noise, parking, etc. The proposed use is compatible with nearby existing uses.
B. Objective (b): To ensure the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations, in the same or adjacent areas.
The proposed uses, a single family residence and ADU, are permitted uses in the OS zoning district, and will not affect the desirability of adjacent areas.
C. Objective (c): To ensure that sound principles of environmental design and ecological balance shall be observed.
The OS zoning district includes regulations to ensure that sound principles of environmental design and ecological balance shall be observed. The proposed design will meet these regulations including:
•Landscaping. Maintaining existing vegetation and land formations to the maximum extent possible. The arborist report surveyed 82 trees in the project vicinity. 5 trees (including 1 protected Coast Live Oak) were identified as dead and will be removed. 10 replacement trees will be planted on site. All other trees in the project vicinity will have tree protection fencing during construction.
•Building location. The proposed development is in a relatively flat area away from adjacent hills or slopes. The house is not expected to be visible from public roadways and is shielded by many mature trees.
•Privacy. The proposed house and ADU will not have views to other residences which would create a privacy impact.
•Architectural materials. Proposed materials fit in the natural landscape, through earth-toned colors and wood and plaster siding.
D. Objective (d): To ensure that the use will be in accord with the Palo Alto Comprehensive Plan.
This property is located in the Streamside Open Space designation. The intention of this designation, in this location is to protect Los Trancos Creek. As stated in the Mitigated Negative Declaration, no direct impacts to the creek would occur as a result of this project. Indirect impacts including runoff and erosion will be addressed through mitigation measures (see Mitigation Measure BIO-3). While this designation does not explicitly allow housing, single-family houses and accessory dwelling units have regularly been built there.
SECTION 4. Open Space Review Criteria.
The following criteria shall be considered in the Site and Design review of all development of land ITEM 13
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7 in the OS district, as outlined in the Conservation Element of the Comprehensive Plan:
1. The development should not be visually intrusive from public roadways and public parklands. As much as possible, development should be sited so it is hidden from view.
The proposed structures are located in a naturally low, flat portion of the property. The development will be hidden from view of the street by both elevation and mature trees.
2. Development should be located away from hilltops and designed to not extend above the nearest ridgeline.
The new home and Accessory Dwelling Unit are not located near a hilltop and will not extend above the nearest ridgeline.
3. Site and structure design should take into consideration impacts on privacy and views of neighboring properties.
The proposed structure will not impact privacy, as it is located as a lower elevation than neighboring properties. Any potential views from the second story are also shielded by the existing trees, and the large distances customary to the Open Space district.
4. Development should be clustered, or closely grouped, in relation to the area surrounding it to make it less conspicuous, minimize access roads, and reduce fragmentation of natural habitats.
The proposed development is proposed for a small section of the overall 5.38 acre site. One driveway/access road will provide access to the two dwelling units.
5. Built forms and landscape forms should mimic the natural topography. Building lines should follow the lines of the terrain, and trees and bushes should appear natural from a distance.
The building and related patios and landscaping are isolated to the flat portion of the site. The project proposes to maintain all of the existing protected trees, preserving the natural appearance of the site.
6. Existing trees with a circumference of 37.5 inches, measured 4.5 feet above the ground level, should be preserved and integrated into the site design. Existing vegetation should be retained as much as possible.
All existing trees are proposed to remain, three dead trees have already been removed for safety reasons.
7. Cut is encouraged when it is necessary for geotechnical stability and to enable the development to blend into the natural topography. Fill is generally discouraged and should never be distributed within the driplines of existing trees. Locate development to minimize the need for grading.
This project has minimized grading, the majority of the grading is associated with installing a swimming pool.
8. To reduce the need for cut and fill and to reduce potential runoff, large, flat expanses of ITEM 13
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7 impervious surfaces should be avoided.
The design of the home and site landscaping have been designed to minimize the need for cut and fill. The entire driveway is designed to be DG and permeable, with impervious areas limited primarily to the building and patios off the building.
9. Buildings should use natural materials and earth tone or subdued colors.
The proposed materials include: horizontal wood siding and slat screens with warm, earth-gray smooth-finished cement plaster, a solid dark gray flat roof, and dark wood toned windows and doors.
10. Landscaping should be native species that require little or no irrigation. Immediately adjacent to structures, fire retardant plants should be used as a fire prevention technique.
The majority of the on site landscaping is existing. Additional planting in the patio areas will use plant materials will be selected for water conservation and low-maintenance characteristics and for fire-resistive properties where adjacent to the home.
11. Exterior lighting should be low-intensity and shielded from view so it is not directly visible from off-site.
Exterior lighting shall be low-intensity and will be shielded from view as to not be directly visible from the street and surrounding properties.
12. Access roads should be of a rural rather than urban character. (Standard curb, gutter, and concrete sidewalk are usually inconsistent with the foothills environment).
The proposed access road is in the existing location, which follows the natural topography, and the proposed decomposed granite material is consistent with a rural character.
13. For development in unincorporated areas, ground coverage should be in general conformance with Palo Alto's Open Space District regulations.
N/A, the project is within Palo Alto city limits.
SECTION 5. Conditions of Approval.
PLANNING DIVISION
1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "575 Los Trancos Road, Palo Alto, California, 94304, Private Residence” uploaded to the Palo Alto Online Permitting Services Citizen Portal on November 14, 2022, as modified by these conditions of approval.
2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. Project plans submitted for Building permits shall incorporate the following changes:
a. Prior to issuance of any site preparation, grading or building permit, the applicant shall demonstrate to the satisfaction of the Planning and Development Services Director (Director), the means and methods to be used to ensure there is no encroachment, including excavation or grading in preparation for building foundations or site or building other work, into the required 20 foot creek setback. Minor adjustments to the proposed ITEM 13
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b. The applicant shall provide sturdy, protective construction fencing, outside of the 20 foot creek setback to ensure no equipment storage, staging or preparation work occurs within the required creek setback.
3. BUILDING PERMIT PLAN SET. A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit.
4. MITIGATION MONITORING AND REPORTING PROGRAM. The Mitigation Monitoring and Reporting Program (MMRP) associated with the project and attached here as Exhibit A is incorporated by reference and all mitigation measures shall be implemented as described in said document. Prior to requesting issuance of any related demolition and/or construction permits, the applicant shall meet with the Project Planner to review and ensure compliance with the MMRP, subject to the satisfaction of the Director of Planning and Development Services.
5. PROJECT MODIFICATIONS: All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention.
6. UTILITY LOCATIONS: In no case shall utilities be placed in a location that requires equipment and/or bollards to encroach into a required parking space. In no case shall a pipeline be placed within 10 feet of a proposed tree and/or tree designated to remain.
7. NOISE PRODUCING EQUIPMENT: All noise producing equipment shall be located outside of required setbacks, except they may project 6 feet into the required street side setbacks. In accordance with Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane.
8. LIGHT AND GLARE. Exterior lighting shall be low-intensity and shielded from view so it is not directly visible from off-site. The light emitted from skylights shall be minimal during the night hours. Utilizing treatments such as translucent glass, shading systems, and interior light placement can reduce the night glare. Skylights shall not use white glass.
9. PROJECT ARBORIST. The property owner shall hire a certified arborist to ensure the project conforms to all Planning and Urban Forestry conditions related to landscaping/trees.
10. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set and shall be permanently maintained and replaced as necessary.
11. ARBORIST FOLLOW UP. A follow-up arborist and/or landscape report shall be required five years after the final sign-off of the project completion. This report shall evaluate the health of trees and ITEM 13
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7 significant landscape that were required for screen planting or and/or were designated as protected plantings on the approved plans for the project. Any subsequent owner(s) shall also be obligated to replace any trees that die with trees of the same size and species stated on the approved planning and building permit plans.
12. TREE PROTECTION FENCING. Tree protection fencing shall be required for all trees and shrubs proposed to be maintained as identified in the Arborist Report.
13. FENCES. Fences and walls shall comply with the applicable provisions of Chapter 16.24, Fences, of the Palo Alto Municipal Code (PAMC). Heights of all new and existing fencing must be shown on the Building Permit plans.
a. Where the existing fence is located off the subject property and/or where the existing fence is failing, a new Code compliant fence shall be constructed.
14. ESTIMATED IMPACT FEE: Development Impact Fees, currently estimated in the amount of $81,826.00 plus the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the issuance of the related building permit.
15. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU
WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90- day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6.
16. PLANNING FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final.
Any revisions during the building process must be approved by Planning, including but not limited to; materials, fenestration and hard surface locations. Contact your Project Planner at the number below to schedule this inspection.
17. PERMIT EXPIRATION. The project approval shall be valid for a period of two years from the original date of approval. Application for a one year extension of this entitlement may be made prior to expiration, by emailing the Current Planning Support Staff (Alicia Spotwood - [email protected]). If a timely extension is not received, or the project has already received an extension and the applicant still wishes to pursue this project, they must first file for a new Planning application and pay the associated fees. This new application will be reviewed for conformance with the regulations in place at that time.
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7 18. INDEMNITY: To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice.
BUILDING DIVISION
19. This project is located West of 280 and shall comply with Wildland Urban Interface requirements per 2019 CA Residential Code.
20. This project is subjected to all electrification per PAMC.
21. Please contact the Building Department for building permit submittal requirements.
FIRE PREVENTION DIVISION
22. At the time of Building Permit application, the applicant shall prepare a Fire Protection Plan to the satisfaction of the Fire Code Official, meeting the requirements of California Fire Code 4903.1- 4903.4 (corresponds to PAMC 15.04.195).
23. Defensible space shall be maintained for the life of the project in compliance with California Fire Code 4907.1-4907.2 (corresponds to PAMC 15.04.200).
PUBLIC WORKS ENGINEERING DIVISION
24. GRADING PERMIT: Separate Excavation and Grading Permit will be required for grading activities on private property that fill, excavate, store or dispose of 100 cubic yards or more based on PAMC Section 16.28.060. Applicant shall prepare and submit an excavation and grading permit to Public Works separately from the building permit set. The permit application and instructions are available on our website: Application: https://www.cityofpaloalto.org/files/assets/public/public- works/engineering-services/webpages/forms-and-permits/grading-permit-application.pdf
25. GRADING & DRAINAGE PLAN: The plan set must include a grading & drainage plan prepared by a licensed professional See the Grading & Drainage Plan Guidelines for New Single Family Residences on the City’s website. https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/grading-drainage-residential-guidelines.pdf
26. IMPERVIOUS SURFACE AREA: The Impervious Area Worksheet for Land Developments form shall be completed and submitted with the building permit submittal. The worksheet and instructions are available on our website:
https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/impervious-area-worksheet-for-land-developments- 2021.pdf
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7 27. PUBLIC WORKS STANDARDS CONDITIONS: The City's full-sized "Standard Conditions" sheet must be included in the plan set. Copies are available from Public Works on our website:
https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/pw-conditions-sheet-alternative-update-8.7.18.pdf
28. STORM WATER POLLUTION PREVENTION: The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet must be included in the plan set. Copies are available from Public Works on our website: https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/rwq_stormwater_plansheet_final_bw.pdf This project triggers the California Regional Water Quality Control Board’s revised provision C.3 for storm water regulations (incorporated into the Palo Alto Municipal Code, Section 16.11) that apply to residential land development projects that create or replace between 2,500 and 10,000 square feet of impervious surface area. The applicant must implement one or more of the following site design measures on the grading and drainage plan:
• Direct roof runoff into cisterns or rain barrels for reuse. • Direct roof runoff onto vegetated areas.
• Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. • Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. • Construct sidewalks, walkways, and/or patios with permeable surfaces. • Construct driveways, and/or uncovered parking lots with permeable surfaces
29. SIDEWALK, CURB & GUTTER: As part of this project, the applicant shall replace portions of the existing sidewalk, curbs, gutters or driveway approaches in the public right-of-way along the frontage(s) of the property as required. Contact the Public Works Inspector at 650-496-6929 to arrange a site visit so that the inspector can discuss the extent of replacement work in the public right-of-way. The site plan submitted with the building permit plan set must show the extent of the replacement work. Include a scan copy of the Site Inspection Directive obtained from the Public Works Inspector in the building plan set.
WATERSHED PROTECTION DIVISION
30. Do not use chemicals fertilizers, pesticides, herbicides or commercial soil amendment. Use Organic Materials Review Institute (OMRI) materials and compost. Refer to the Bay-Friendly Landscape Guidelines: http://www.stopwaste.org/resource/brochures/bay-friendly-landscape-guidelines- sustainable-practices-landscape-professional for guidance. Add this bullet as a note to the building plans.
31. Avoid compacting soil in areas that will be unpaved. Add this bullet as a note to the building plans.
SECTION 6. Term of Approval.
Site and Design Approval. The project approval shall be valid for a period of two years from the original date of approval. In the event a building permit(s), if applicable, is not secured for the project within the time limit specified above, the approval shall expire and be of no further force or effect. Application for extension of this entitlement may be made prior to the one year expiration.
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7 PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ ____________________________ Senior Assistant City Attorney Director of Planning and Development Services
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7 Exhibit A: Mitigation Monitoring and Reporting Program (MMRP) ITEM 13
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8 Attachment D
Project Plans
In order to reduce paper consumption, a limited number of hard copy project plans are provided to Board members for their review. The same plans are available to the public, at all hours of the day, via the following online resources.
Environmental Document
An Initial Study / Mitigated Negative Declaration has been prepared for this project. In accordance with CEQA Guideline Section 15073, the draft document was available for a 30-day circulation period beginning August 17, 2022 and ending on September 16, 2022. The Final IS- MND and Response to Comments have been prepared and are also available use the link below.
Directions to review Project plans and environmental documents online:
1. Go to: bit.ly/PApendingprojects
2. Scroll down to find “575 Los Trancos” and click the address link
3. On this project-specific webpage you will find a link to the project plans and other important information
Direct Link to Project Webpage:
https://www.cityofpaloalto.org/Events-Directory/Planning-and-Development-Services/575-Los- Trancos
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FINAL INITIAL STUDY ♦ MITIGATED NEGATIVE DECLARATION
575 Los Trancos Road Residential Project
PREPARED BY City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
Contact: Emily Foley, AICP, Associate Planner
PREPARED WITH
THE ASSISTANCE OF
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
REPORT DATE January 2023
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TABLE OF CONTENTS
CITY OF PALO ALTO Page | i
TABLE OF CONTENTS
Initial Study .............................................................................................................................................1 Project Title ........................................................................................................................... 1 Lead Agency Name and Address .......................................................................................... 1 Contact Person and Phone Number ..................................................................................... 1 Project Sponsor’s Name and Address................................................................................... 1 Project Location .................................................................................................................... 1 General Plan Designation ..................................................................................................... 1 Zoning ................................................................................................................................... 4 Location and Existing Setting ................................................................................................ 4 Other Public Agencies Whose Approval is Required ............................................................ 9 Have California Native American Tribes Traditionally and Culturally Affiliated with the Project Area Requested Consultation Pursuant to Public Resources Code Section 21080.3.1? If so, is There a Plan for Consultation that Includes, for Example, the Determination of Significance of Impacts to Tribal Cultural Resources, Procedures Regarding Confidentiality, etc? ............................................................................................ 9
Environmental Factors Potentially Affected ........................................................................................ 11 Determination ...................................................................................................................................... 11 Environmental Checklist ...................................................................................................................... 13 1 Aesthetics ........................................................................................................................... 13 2 Agriculture and Forestry Resources ................................................................................... 17 3 Air Quality ........................................................................................................................... 19 4 Biological Resources ........................................................................................................... 27 5 Cultural Resources .............................................................................................................. 39 6 Energy ................................................................................................................................. 43 7 Geology and Soils ................................................................................................................ 45 8 Greenhouse Gas Emissions ................................................................................................. 53 9 Hazards and Hazardous Materials ...................................................................................... 55 10 Hydrology and Water Quality ............................................................................................. 59 11 Land Use and Planning........................................................................................................ 65 12 Mineral Resources .............................................................................................................. 67 13 Noise ................................................................................................................................... 69 14 Population and Housing ..................................................................................................... 77 15 Public Services .................................................................................................................... 79 16 Recreation ........................................................................................................................... 83 17 Transportation .................................................................................................................... 85 18 Tribal Cultural Resources .................................................................................................... 87 19 Utilities and Service Systems .............................................................................................. 91 ITEM 13
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ii | Page Initial Study ♦ Mitigated Negative Declaration 20 Wildfire ............................................................................................................................... 95 21 Mandatory Findings of Significance .................................................................................... 99 References ......................................................................................................................................... 101 Bibliography .................................................................................................................................. 101 List of Preparers............................................................................................................................ 103
FIGURES
Figure 1 Regional Location ................................................................................................................. 2 Figure 2 Project Location .................................................................................................................... 3 Figure 3 Project Site Photographs 1 and 2 ......................................................................................... 5 Figure 4 Project Site Photographs 3 and 4 ......................................................................................... 6 Figure 5 Proposed Site Plan ................................................................................................................ 7 Figure 6 Site Plan (Partial) in Relation to Creek and Property Lines................................................. 30 TABLES
Table 1 Health Effects Associated with Non-Attainment Criteria Pollutants .................................. 20 Table 2 Palo Alto Land Use Compatibility for Community Noise Environments ............................. 71 Table 3 Calculated Construction Noise Levels for Each Phase of Construction .............................. 73 Table 4 Vibration Levels for Construction Equipment at Noise-Sensitive Receptors ..................... 74
APPENDICES
Appendix A Biological Resources Technical Report
Appendix B Arborist Report
Appendix C Geotechnical Engineering Study
Appendix D Roadway Construction Noise Model and Vibration Noise Calculations Appendix E California Water Service and West Bay Sanitary District Will Serve Letter
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INITIAL STUDY
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INITIAL STUDY
PROJECT TITLE
575 Los Trancos Road Residential Project
LEAD AGENCY NAME AND ADDRESS
City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
CONTACT PERSON AND PHONE NUMBER
Emily Foley, AICP, Associate Planner
(650) 617-3125
PROJECT SPONSOR’S NAME AND ADDRESS
Innovative Homes LLC
c/o John Suppes
412 Olive Avenue
Palo Alto, California 94306
PROJECT LOCATION
The project site is located at 575 Los Trancos Road in the City of Palo Alto and consists of a single 5.38-acre (234,352 square-foot) parcel. The assessor’s parcel number is 182-46- 012. The project site is located on the western side of Los Trancos Road approximately
0.8 miles south of its intersection with Alpine Road. Regional access to the site is available via Interstate 280 (I-280) and State Route (SR) 84. Figure 1 shows the site location in a regional context. Figure 2 shows the location of the site relative to the surrounding area.
GENERAL PLAN DESIGNATION
The site is designated as Open Space/Controlled Development. The City’s Comprehensive Plan Land Use and Community Design Element (2017) defines this category as “land having all the characteristics of open space but where some development may be allowed on private properties. Open space amenities must be retained in these areas. Residential densities range from 0.1 to 1 dwelling unit per acre but may rise to a maximum of 2 units per acre where second units are allowed, and population densities range from 1 to 4 persons per acre.” ITEM 13
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2 | Page Initial Study ♦ Mitigated Negative Declaration Figure 1 Regional Location
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INITIAL STUDY
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Figure 2 Project Location
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4 | Page Initial Study ♦ Mitigated Negative Declaration ZONING
The site is zoned Open Space (OS). Palo Alto Municipal Code (PAMC) Section
18.28.010(b) defines the OS district as “intended to protect the public health, safety and welfare, protect and preserve open space land as a limited and valuable resource, and to permit the reasonable use of open space land, while at the same time preserving and protecting its inherent open space characteristics to assure its continued availability for the following: as agricultural land, scenic land, recreation land, conservation or natural resource land; for the containment of urban sprawl and the structuring of urban development; and for the retention of land in its natural or near-natural state, and to protect life and property in the community from the hazards of fire, flood, and seismic activity; and coordinate with and carry out federal, state, regional, county, and city open space plans.”
LOCATION AND EXISTING SETTING
The project site is located in the southern extension of the City of Palo Alto where the predominant land use designations and land uses are Open Space/Controlled Development and Public Conservation Land. The site is surrounded by undeveloped areas and low-density residential. To the north of the site is a residence, Los Trancos Creek is located along the western boundary of the site, and undeveloped lands are located to the south and east of the site and further east beyond Los Trancos Road. Los Trancos Road abuts the project site to the east. The project site is an undeveloped and vacant lot, dominated by oak woodland, riparian woodland, and non-native grasses.
Figure 3 and Figure 4 show photographs of the project site.
PROJECT DESCRIPTION
The proposed project would involve the construction of a 7,245 square-foot single- family residence and 734 square-foot attached garage, an 895 square-foot accessory dwelling unit (ADU), and associated amenities including a 4.5-foot-deep swimming pool in the flat, western portion of the site. The main residence would have a maximum height of 25 feet and would consist of two stories, a 6,030 square-foot first floor and 1,215 square foot second floor. The proposed lot coverage would be 9,374 square feet of the total lot area of 234,352 square feet (5.38 acres) which would result in a total lot coverage of four percent of the total site.
The project would include 30-foot setbacks on the front, sides, and rear of the property.
Design materials would include natural dark-stained vertical grain wood/wood-clad sliding and slats, smooth-finish cement plaster in an earth-tone gray color, a smooth dark painted finish along trim, and large windows. Exterior lighting would be limited by shielding on exterior safety lighting and shades on windows facing the creek. Figure 5 shows the proposed site plan.
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Figure 3 Project Site Photographs 1 and 2
Photograph 1. View from near the center of the project site looking north
Photograph 2. View from near the center of the project site looking south ITEM 13
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6 | Page Initial Study ♦ Mitigated Negative Declaration Figure 4 Project Site Photographs 3 and 4
Photograph 3. View of the project site from southeast Los Trancos Road
Photograph 4. View of the project site from eastern Los Trancos Road
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Figure 5 Proposed Site Plan
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8 | Page Initial Study ♦ Mitigated Negative Declaration Access to the project site would be via a new curved driveway that would extend from Los Trancos Road toward the northern portion of the site and curve back toward the residence and attached three-car garage. The driveway would have a 14-foot width to accommodate fire trucks and at its termination at the residence would allow for fire truck turnaround. The project would include a 20 feet creek setback pursuant to Palo Alto’s Stream Corridor Ordinance (Section 18.40.140 of the PAMC).
LANDSCAPING AND OPEN SPACE
Landscaping on the project site would be limited to the immediate perimeter of the proposed development area. Along the perimeter of the residence, landscaping would consist of California native grasses and trees including but not limited to Bigleaf maple (Acer macrophyllum), Coast live oak (Quercus agrifolia), California bay (Umbellularia californica), Chokecherry (Prunus virginiana), Interior live oak(Quercus wislizeni), Blue elderberry (Sambucus Mexicana), Arroyo Willow (Salix lasiolepis), Concha California lilac (Ceanothus Concha), California Coffeeberry (Frangula californica), Toyon (Heteromeles arbutifolia), White pitcher sage (Lepechinia calycina), California honeysuckle (Lonicera hispidula), Pacific wax myrtle (Myrica californica), Golden currant (Ribes aureum vas.
Gracillimum), California Wild Rose (Rosa Californica), Common Yarrow (Achillea millefolium), Mugwort (Artenusua dougliasiana), Crevice alumroot (Heuchera micrantha), Bee’s bliss purple sage (Salvia leucophylla ‘Bee’s Bliss’), Yerba Buena (Clinopodium douglassii), Woodland strawberry (Fragaria vesca). Landscaping would be used primarily for screening and creek side planting.
CONSTRUCTION
Construction of the project would include site preparation, grading, building construction, paving, and architectural coating phases. Construction would occur over an estimated 14 months. The project would require approximately 280 cubic yards of excavation (80 cubic yards for the house and 200 cubic yards for the pool), which would be dispersed evenly throughout the site and would not be exported. Construction activities would occur Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m. and Saturday between the hours of 9:00 a.m. and 6:00 p.m.
PALO ALTO GREEN BUILDING CHECKLIST
In addition to California Building Code (CBC) requirements, the City of Palo Alto has adopted more stringent green building regulations. The Palo Alto Green Building Ordinance (Ord. 5393, 2020) requires applicants to incorporate sustainable design, construction, and operational requirements into most single-family residential, multi- family residential, and non-residential projects. For residential development, the City has adopted California Green Building Standards Code (CALGreen) Tier 1 for additions and renovations over 1,000 square feet and CALGreen for Tier 2 for new construction pursuant to Palo Alto Municipal Code (PAMC) Section 16.14. To achieve Tier 2 status, a project must comply with the requirements identified in CALGreen Appendix A4, Division A4.601.5 and be 10 percent more energy efficient than the base CALGreen code ITEM 13
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requirements. In accordance with the City’s Green Building Ordinance, the proposed project would satisfy requirements for CALGreen Tier 2. The project would be all electric and would utilize a 10-kilowatt renewable energy system. Additionally, heat pump technology would be used for water heating, including for the proposed pool, and space heating.
OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED
The City of Palo Alto is the lead agency with jurisdiction over adoption of the proposed project and certification of the CEQA document. No other public agency’s discretionary approval is required.
HAVE CALIFORNIA NATIVE AMERICAN TRIBES
TRADITIONALLY AND CULTURALLY AFFILIATED WITH THE
PROJECT AREA REQUESTED CONSULTATION PURSUANT TO
PUBLIC RESOURCES CODE SECTION 21080.3.1? IF SO, IS
THERE A PLAN FOR CONSULTATION THAT INCLUDES, FOR
EXAMPLE, THE DETERMINATION OF SIGNIFICANCE OF
IMPACTS TO TRIBAL CULTURAL RESOURCES, PROCEDURES
REGARDING CONFIDENTIALITY, ETC?
No California Native American Tribes have requested consultation pursuant to Public Resources Code Section 21080.3.1.
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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
This project would potentially affect the environmental factors checked below, involving at least one impact that is “Potentially Significant” or “Less than Significant with Mitigation Incorporated” as indicated by the checklist on the following pages. □ Aesthetics ■
■ Cultural Resources □
Air Quality
Energy
□ Agriculture and
Forestry Resources
□ Greenhouse Gas
Emissions
□
■ Biological Resources
■ Geology/Soils
■ Hydrology/Water
Quality
□ Land Use/Planning □
□ Population/Housing □
Hazards & Hazardous
Materials
Mineral Resources
Public Services
□ Tribal Cultural
Resources
□ Noise
□ Recreation
□ Utilities/Service
Systems
□ Transportation
□ Wildfire ■ Mandatory Findings
of Significance
DETERMINATION
Based on this initial evaluation:
□ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
■ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. □ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
□ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
□ I find that although the proposed project could have a significant effect on the environment, because all potential significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 1/10/2023
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ENVIRONMENTAL CHECKLIST
1 Aesthetics
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Except as provided in Public Resources Code Section 21099, would the project:
a. Have a substantial adverse effect on a
scenic vista? □ □ ■ □
b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
□ □ □ ■
c. Substantially degrade the existing visual
character or quality of public views of the
site and its surroundings? (Public views
are those that are experienced from a
publicly accessible vantage point). If the
project is in an urbanized area, would the
project conflict with applicable zoning and
other regulations governing scenic
quality?
□ □ ■ □
d. Create a new source of substantial light or
glare that would adversely affect daytime
or nighttime views in the area?
□ □ ■ □
SETTING
The project site is located within an area that consists primarily of open space, but limited development is allowed on private properties. North of the site is a single-family residence, to the west are single-family residences, to the east is open space, and to the northeast is a single-family residence. Residences are surrounded by dense tree cover and are set back from roadways. From the project site, there are views of nearby hillsides.
Skyline Boulevard, identified in the City’s Comprehensive Plan as a scenic route, is located approximately 2.5 miles west of the project site.
IMPACT ANALYSIS
a. Would the project have a substantial adverse effect on a scenic vista? Views from and through the project site from public viewpoints such as the surrounding streets of Los Trancos Road and Valley Oak and from the Sweet Springs Trail are of trees, ITEM 13
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14 | Page Initial Study ♦ Mitigated Negative Declaration open space, and glimpses of surrounding single-family development through vegetation.
There are no vistas classified as significant or scenic in the vicinity of the project site (City of Palo Alto 2017a). Views from public viewpoints through the site would not substantially change, as trees and topography would generally screen the proposed buildings from view.
The proposed project would not have a substantial adverse effect on a scenic vista. This impact would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? State Scenic Highways designated by the California Department of Transportation (Caltrans) near the project site include State Route (SR) 35 to the west and SR 280 to the east (Caltrans 2019). The project site is not visible from either SR 35 or SR 280. The project site is not located near listed scenic routes in the City’s comprehensive plan including Sand Hill Road, University Avenue between Middlefield Road and San Francisquito Creek, Embarcadero Road, Page Mill Road, Oregon Expressway, Interstate 280, Arastradero Road (west of Foothill Expressway), Junipero Serra Boulevard/Foothill Expressway and Skyline Boulevard (City of Palo Alto 2017a). Therefore, the proposed project would have no impact on scenic resources within a state scenic highway or within a scenic corridor identified in the comprehensive plan.
N
O IMPACT
c. Would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Although the City of Palo Alto as a whole is an urbanized area, for the purposes of this analysis, the site is considered to be in a non-urbanized area due to its semi-rural character and open-space surroundings. Construction activities would temporarily alter the visual quality of the site. Construction of the project would require hauling of building materials and construction of below-grade foundations, the building itself, and landscaping.
Construction activities would include the storage of equipment and materials onsite for several months. Due to the temporary nature of construction, these activities would not permanently degrade or modify the existing aesthetic image of the neighborhood, nor generate substantial long-term contrast with the visual character of the surrounding area.
Therefore, visual quality impacts associated with construction would be less than significant.
The project site is undeveloped, and the introduction of a single-family residence would change the visual character of the project site from existing conditions. However, the proposed project would introduce a structure that would be generally consistent with the height and massing of the other nearby single-family residences. Consistent with the City of Palo Alto Comprehensive Plan controlled development designation, the project would result in one dwelling unit and an attached accessory dwelling unit. Proposed external materials for the new buildings would adequately reflect and be compatible with the natural ITEM 13
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environment surrounding the project site. The project would also be required to comply with the single-family individual review guidelines for which a checklist is provided (City of Palo Alto 2005; 2022a). The purpose of the checklist is to ensure a project’s compliance with the City of Palo Alto’s Single-Family Individual Review Guidelines. Although grading would be required to prepare the site, the new development would generally be on the flatter portions of the site and no major grading or recontouring that would substantially alter the topography is proposed.
The project would include the removal of five trees for which there would be three replacement trees introduced to the site, consistent with the City of Palo Alto’s Tree Technical Manual pursuant to Palo Alto Municipal Code (PAMC) Section 8.10.30. The majority of trees on the project site would remain and would be required to be preserved pursuant to PAMC Chapter 8.10 which provides standards for removal, maintenance, and planting of trees to, ultimately, preserve trees on the site. Because the majority of existing trees would remain on the project site, the proposed residence would be screened from travelers on nearby roadways and views through the project site of the new residence would be brief.
The proposed project would not significantly degrade the existing visual character of quality of the site and its surroundings. The proposed project’s height, massing, and design would be consistent with nearby single-family development. Therefore, impacts related to visual character and quality would be less than significant.
L
ESS THAN SIGNIFICANT IMPACT
d. Would the project create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area?
Implementation of the proposed project would introduce new sources of light and glare to a site where there are currently no existing sources of light and glare. Potential new sources of lighting from the proposed project would include light visible through windows, car headlights, outdoor lighting, and exterior security lighting. The surrounding area consists of generally low levels of existing lighting. Primary sources of light adjacent to the project site are lighting associated with existing residences nearby. Lighting on the project site would be generally similar to existing lighting at residences nearby. Compliance with Single-Family individual Review Guidelines and PAMC Section 18.28.070(n) require that exterior lighting should be low-intensity and shielded from view and require utilization of treatments such as translucent glass, shading systems, and interior light placement. Adherence to these requirements would reduce night glare potential impacts from lighting. Impacts related to lighting would be less than significant.
Potential sources of glare from the proposed project would consist of windows, parked cars, and the pool. However, these sources of glare would be similar to nearby residences and would not result in a substantial new source of glare. The proposed residence would also be screened from the roadway and nearby residences by existing tree cover. Compliance with PAMC Section 18.28.070(n) would reduce potential impacts from glare to the night sky and off-site. Therefore, the proposed project would not create a substantial source of glare that ITEM 13
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LESS THAN SIGNIFICANT IMPACT
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2 Agriculture and Forestry Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project have any of the following impacts:
a. Convert Prime Farmland, Unique Farmland,
Farmland of Statewide Importance
(Farmland), as shown on maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
□ □ □ ■
b. Conflict with existing zoning for agricultural
use or a Williamson Act contract?
□ □ □ ■
c. Conflict with existing zoning for or cause
rezoning of forest land (as defined in Public
Resources Code Section 12220(g));
timberland (as defined by Public Resources
Code Section 4526); or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))?
□ □ □ ■
d. Result in the loss of forest land or
conversion of forest land to non-forest use?
□ □ □ ■
e. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland to non-agricultural use or
conversion of forest land to non-forest use?
□ □ □ ■
IMPACT ANALYSIS
a. Would the project convert Prime Farmland, Unique Farmland, Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use?
b. Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
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18 | Page Initial Study ♦ Mitigated Negative Declaration c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
d. Would the project result in the loss of forest land or conversion of forest land to non- forest use?
e. Would the project involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? The project is located on Other Land, pursuant to the Department of Conservation’s (DOC) Important Farmland Finder (DOC 2014). The project site is not identified as prime farmland, farmland of statewide importance, unique farmland, farmland of local importance, or grazing land. The project site is not enrolled in a Williamson Act contract, nor does it support forest land or resources; the site does not meet the definition of forest land, timberland, or timberland zoned Timberland Production in Public Resources Code (PRC) 12220(g), 4526, and 51104(g). The project site is not located on or adjacent to agricultural land or forest land and the proposed project would not involve development that could result in the conversion of farmland to non-agricultural uses. Therefore, the project would have no impact with respect to conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use; conflict with existing agricultural zoning or Williamson Act contracts; result in the loss of forest land or conversion of forest land to non-forest use; or other conversion of farmland to non- agricultural use.
N
O IMPACT
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3 Air Quality
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project have any of the following impacts:
a. Conflict with or obstruct implementation of
the applicable air quality plan? □ □ ■ □
b. Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?
□ ■ □ □
c. Expose sensitive receptors to substantial
pollutant concentrations?
□ □ ■ □
d. Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
□ □ ■ □
AIR QUALITY STANDARDS AND ATTAINMENT
The project site is located within the San Francisco Bay Area Air Basin (the Basin), which is under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD). As the local air quality management agency, the BAAQMD is required to monitor air pollutant levels to ensure that state and federal air quality standards are met and, if they are not met, to develop strategies to meet the standards.
Depending on whether the standards are met or exceeded, the Basin is classified as being in “attainment” or “nonattainment.” Under state law, air districts are required to prepare a plan for air quality improvement for pollutants for which the district is in non-compliance.
The BAAQMD is in non-attainment for the state and federal ozone standards, the state and federal PM2.5 (particulate matter up to 2.5 microns in size) standards and the state PM10 (particulate matter up to 10 microns in size) standards and is required to prepare a plan for improvement (BAAQMD2017a)
The health effects associated with criteria pollutants for which the Basin is in non- attainment are described in Table 1.
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20 | Page Initial Study ♦ Mitigated Negative Declaration Table 1 Health Effects Associated with Non-Attainment Criteria Pollutants Pollutant Adverse Effects
Ozone (1) Short-term exposures: (a) pulmonary function decrements and localized lung edema in humans and animals and (b) risk to public health implied by alterations in pulmonary morphology and host defense in animals; (2) long-term exposures: risk to public health implied by altered connective tissue metabolism and altered pulmonary morphology in animals after long-term exposures and pulmonary function decrements in chronically exposed humans; (3) vegetation damage; and (4) property damage.
Suspended particulate
matter (PM10)
(1) Excess deaths from short-term and long-term exposures; (2) excess seasonal declines in pulmonary function, especially in children; (3) asthma exacerbation and possibly induction; (4) adverse birth outcomes including low birth weight; (5) increased infant mortality; (6) increased respiratory symptoms in children such as cough and bronchitis; and (7) increased hospitalization for both cardiovascular and respiratory disease (including asthma). a
Suspended particulate
matter (PM
2.5)
(1) Excess deaths from short- and long-term exposures; (2) excess seasonal declines in pulmonary function, especially in children; (3) asthma exacerbation and possibly induction; (4) adverse birth outcomes, including low birth weight; (5) increased infant mortality; (6) increased respiratory symptoms in children, such as cough and bronchitis; and (7) increased hospitalization for both cardiovascular and respiratory disease, including asthma.a a More detailed discussions on the health effects associated with exposure to suspended particulate matter can be found in the following documents: United States Environmental Protection Agency (USEPA), Air Quality Criteria for Particulate Matter, 2004.
Source: USEPA 2018
AIR QUALITY MANAGEMENT
The Bay Area 2017 Clean Air Plan provides a plan to improve Bay Area air quality and protect public health as well as the climate. The legal impetus for the Plan is to update the most recent ozone plan, the 2010 Clean Air Plan, to comply with state air quality planning requirements as codified in the California Health & Safety Code. Although steady progress has been made toward reducing ozone levels in the Bay Area, the region continues to be designated as non
-a
ttainment for both the one-h
our and eight
-ho
ur state ozone standards
as noted previously. In addition, emissions of ozone precursors in the Bay Area contribute to air quality problems in neighboring air basins. Under these circumstances, state law requires the Clean Air Plan to include all feasible measures to reduce emissions of ozone precursors and reduce transport of ozone precursors to neighboring air basins (BAAQMD 2017b).
I
n 2006, the United States Environmental Protection Agency (USEPA) tightened the national 24-hour PM2.5 standard regarding short-term exposure to fine particulate matter from 65 µg/m3 (micro-grams per cubic meter) to 35 µg/m3. Based on air quality monitoring data for years 2006-2008 showing that the region was slightly above the standard, the USEPA designated the Bay Area as non-attainment for the 24-hour national standard in December 2008. This triggered the requirement for the Bay Area to prepare a State Implementation Plan (SIP) submittal to demonstrate how the region would attain the standard. However, data for both the 2008-2010 and the 2009-2011 cycles showed that Bay Area PM2.5 levels currently meet the standard. On October 29, 2012, the USEPA issued a proposed rule to determine that the Bay Area has attained the 24-hour PM2.5 national standard. Based on this, the Bay Area is required to prepare an abbreviated SIP submittal that includes an emission inventory for primary (directly emitted) PM2.5, as well as precursor pollutants that ITEM 13
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contribute to formation of secondary PM in the atmosphere and amendments to the BAAQMD New Source Review to address PM2.5 (adopted December 2012).1 However, key SIP requirements to demonstrate how a region will achieve the standard (i.e., the requirement to develop a plan to attain the standard) will be suspended as long as monitoring data continues to show that the Bay Area attains the standard.
In addition to preparing the “abbreviated” SIP submittal, the BAAQMD has prepared a report entitled Understanding Particulate Matter: Protecting Public Health in the San Francisco Bay Area (BAAQMD 2012). The report will help guide the BAAQMD’s ongoing efforts to analyze and reduce PM in the Bay Area to protect public health better. The Bay Area will continue to be designated as “non-attainment” for the national 24-hour PM2.5 standard until the district elects to submit a “redesignation request” and a “maintenance plan” to the USEPA, and the agency approves the proposed redesignation.
AIR EMISSION THRESHOLDS
This analysis uses the BAAQMD’s May 2017 CEQA Air Quality Guidelines to evaluate air quality. The May 2017 Guidelines include revisions made to the 2010 Guidelines, addressing the California Supreme Court’s 2015 opinion in the Cal. Bldg. Indus. Ass’n vs. Bay Area Air Quality Mgmt. Dist., 62 Cal. 4th 369 (BAAQMD 2017c). Therefore, the numeric thresholds in the May 2017 BAAQMD CEQA Air Quality Thresholds were used for this analysis to determine whether the impacts of the project exceed the thresholds identified in Appendix G of the CEQA Guidelines.
The BAAQMD has developed screening criteria to provide lead agencies and project applicants with a conservative indication of whether a project could result in potentially significant air quality impacts. If all the screening criteria are met by a project, the lead agency or applicant would not need to perform a detailed air quality assessment of their project’s air pollutant emissions and air quality impacts would be considered less than significant. These screening levels are generally representative of new development on greenfield sites without any form of mitigation measures taken into consideration. For infill projects, such as this one, emissions would be less than the greenfield-type project on which the screening criteria are based (BAAQMD 2017c). The BAAQMD’s screening level sizes for single-family land uses is 325 dwelling units for operational criteria pollutant emissions and 114 dwelling units for construction-related emissions (BAAQMD 2017c).
For construction-related emissions to be considered less than significant, projects must meet the following criteria in addition to being below the applicable screening level:
1. All Basic Construction Mitigation Measures would be included in the project design and implemented during construction; and
1 PM is made up of particles emitted directly, such as soot and fugitive dust, as well as secondary particles formed in the atmosphere from chemical reactions involving precursor pollutants such as oxides of nitrogen (NOx), sulfur oxides (SOx), volatile organic compounds (VOC), and ammonia (NH3).
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2. Construction-related activities would not include any of the following:
a. Demolition
b. Simultaneous occurrence of more than two construction phases (e.g., paving and building construction would not occur simultaneously)
c. Simultaneous construction of more than one land use type (e.g., project would develop residential and commercial uses on the same site) (not applicable to high density infill development)
d. Extensive site preparation (i.e., greater than default assumptions used by the Urban Land Use Emissions Model [URBEMIS] for grading, cut/fill, or earth movement) e. Extensive material transport (e.g., greater than 10,000 cubic yards of soil import/export) requiring a considerable amount of haul truck activity
IMPACT ANALYSIS
a. Would the project conflict with or obstruct implementation of the applicable air quality plan?
The California Clean Air Act requires that air districts create a Clean Air Plan that describes how the jurisdiction will meet air quality standards. The most recently adopted air quality plan is the BAAQMD 2017 Plan. The 2017 Plan updates the most recent Bay Area plan, the 2010 Clean Air Plan, pursuant to air quality planning requirements defined in the California Health and Safety Code. To fulfill state ozone planning requirements, the 2017 control strategy includes all feasible measures to reduce emissions of ozone precursors—ROG and
NOX—and reduce transport of ozone and its precursors to neighboring air basins. The CAP builds upon and enhances the BAAQMD’s efforts to reduce emissions of fine particulate matter and TACs. The 2017 Plan does not include control measures that apply directly to individual development projects. Instead, the control strategy includes control measures related to stationary sources, transportation, energy, buildings, agriculture, natural and working lands, waste management, water, and super-GHG pollutants.
The 2017 CAP focuses on two paramount goals:
Protect air quality and health at the regional and local scale by attaining all national and state air quality standards and eliminating disparities among Bay Area communities in cancer health risk from TACs
Protect the climate by reducing Bay Area GHG emissions to 40 percent below 1990 levels by 2030, and 80 percent below 1990 levels by 2050 Under BAAQMD’s methodology, a determination of consistency with the 2017 Plan should demonstrate that a project:
Supports the primary goals of the air quality plan
Includes applicable control measures from the air quality plan Does not disrupt or hinder implementation of any air quality plan control measures A project that would not support the 2017 Plan’s goals would not be considered consistent with the 2017 Plan. On an individual project basis, consistency with BAAQMD quantitative ITEM 13
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thresholds is interpreted as demonstrating support for the clean air plan’s goals. As discussed under criterion (b) below, the project would not exceed BAAQMD significance thresholds related to air quality emissions), the project would not result in exceedances of BAAQMD thresholds for criteria air pollutants and thus would not conflict with the 2017 Plan’s goal to attain air quality standards. The 2017 Clean Air Plan includes goals and measures to increase the use of electric vehicles, promote the use of on-site renewable energy, and encourage energy efficiency. The project would include features that are consistent with these goals and measures, including meeting California Green Building Standards for residences and inclusion of efficient household fixtures, as well as being an all-electric development. Therefore, the project would not conflict with or obstruct the implementation of an applicable air quality plan and the project would have a less than significant impact.
L
ESS THAN SIGNIFICANT IMPACT
b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
CONSTRUCTION
The proposed project would involve construction of one single-family residence and an associated accessory structure. The proposed project would not involve simultaneous construction phases, simultaneous construction of more than one land use type, extensive site preparation, or extensive material transport. Therefore, the project would meet all of the screening criteria for construction emissions.
F
UGITIVE DUST
Site preparation and grading may cause wind-blown dust that could contribute particulate matter into the local atmosphere. The BAAQMD has not established a quantitative threshold for fugitive dust emissions but rather states that projects that incorporate BMPs for fugitive dust control during construction, such as watering exposed surfaces and limiting vehicle speeds to 15 miles per hour, would have a less than significant impact related to fugitive dust emissions. The project does not expressly include implementation of these BMPs; therefore, construction-related fugitive dust emissions would be potentially significant and Mitigation Measure AQ-1 would be required.
OPERATION
For single-family residential uses such as the proposed project, BAAQMD’s operational screening size is 325 dwelling units. Therefore, the project would meet the screening criteria for operational emissions. Operational emissions impacts would be less than significant.
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MITIGATION MEASURE
AQ-1 BAAQMD Basic Construction Mitigation. The property owner or their designee shall implement the following measures during project construction to reduce dust fall- out emissions:
All exposed surfaces (e.g., parking areas, staging areas, soil piles, and graded areas) shall be watered two times per day.
All haul trucks transporting soil, sand, or other loose material off-site shall be covered or maintain at least 2 feet of freeboard.
All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
Enclose, cover, water daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.)
All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure CCR Title 13, Section 2485). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
Post a publicly visible sign with the telephone number and person to contact at the City of Palo Alto or construction contractor regarding dust complaints. This person shall respond and take corrective action within 48 hours. The air district’s phone number shall also be visible to ensure compliance with applicable regulations.
SIGNIFICANCE AFTER MITIGATION
Mitigation Measure AQ-1 would ensure that the project comply with all BAAQMD basic mitigation, reducing construction emission impacts to a less than significant level.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
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c. Would the project expose sensitive receptors to substantial pollutant concentrations? Sensitive receivers nearest to the project site include single-family residences to the west and the single-family residence to the north. The California Air Resources Board (CARB) has identified diesel particulate matter (PM2.5) as the primary airborne carcinogen in the state (CARB 2021). In addition, Toxic Air Contaminants (TAC) comprise a defined set of air pollutants that may pose a present or potential hazard to human health. Common sources of TACs and PM2.5 include gasoline stations, dry cleaners, diesel backup generators, truck distribution centers, freeways, and other major roadways (BAAQMD 2017c). The proposed project does not include construction of new gas stations, dry cleaners, highways, roadways, or other sources that could be considered a new permitted or non-permitted source of TAC or PM2.5 in proximity to receivers. In addition, the proposed project would not introduce a stationary source of emissions, nor would it result in particulate matter emissions greater than the BAAQMD threshold. Therefore, this impact would be less than significant.
LESS THAN SIGNIFICANT IMPACT
d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Table 3-3 in the BAAQMD’s 2017 CEQA Guidelines provides odor screening distances for land uses that have the potential to generate substantial odor complaints. The odor- generating uses in the table include wastewater treatment plants, landfills or transfer stations, refineries, composting facilities, confined animal facilities, food manufacturing, smelting plants, and chemical plants (BAAQMD 2017c). The proposed project involves residential uses and does not include any of the uses identified by the BAAQMD as odor- generating uses. Therefore, the proposed project would not generate objectionable odors affecting a substantial number of people. This impact would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
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4 Biological Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project have any of the following impacts:
a. Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
□ ■ □ □
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
□ ■ □ □
c. Have a substantial adverse effect on state or
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
□ ■ □ □
d. Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
□ ■ □ □
e. Conflict with any local policies or ordinances
protecting biological resources, such as a
tree preservation policy or as defined by the
City of Palo Alto’s Tree Preservation
Ordinance (Municipal Code Section 8.10)?
□ ■ □ □
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
□ □ ■ □
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EXISTING SETTING
Rincon Consultants prepared a Biological Resources Constraints Analysis (BRCA) in November 2021 (Rincon Consultants 2021; Appendix A). The analysis in this Initial Study is based on the 2021 BRCA. As part of the report, Rincon conducted a field reconnaissance survey on October 5, 2021. During that field survey, three terrestrial vegetation communities or other land cover types were observed within the project site: Coast live oak woodland, non-native annual grassland, and riparian. Coast live oak woodland (Quercus agrifolia Forest and Woodland Alliance) is typically found on canyon bottoms, slopes, and flats with deep sandy or loamy soils throughout the inner and outer Coast Ranges, Transverse Ranges, and southern coast, usually below 1,200 meters. Coast live oak woodlands are widely distributed throughout the state from northern Mendocino County to San Diego County. This community is dominated by coast live oak (Q. agrifolia), often including California bay (Umbellularia californica) and Pacific madrone (Arbutus menziesii).
Stands vary from open or continuous to savanna-like. Dense conditions support sparse understory vegetation including California blackberry (Rubus ursinus), poison oak, and snowberry (Symphoricarpos spp.), while more open stands have a grassy understory. Coast live oak woodland is found throughout the project site. Canopy cover is continuous to scattered, with a moderately dense understory of herbs and shrubs. Other observed tree species commonly associated with coast live oak woodland include California bay and California buckeye (Aesculus californica). The shrub layer of the coast live oak woodland is typically poorly developed and the herbaceous layer is mostly continuous with adjacent grasslands. Shrubs in the project site include poison oak, coyote brush, and California blackberry.
On the project site, non-native annual grassland primarily occurs in the interior of the site and is surrounded by coast live oak woodland. The majority of the non-native annual grassland within the project site has been previously mowed. Characteristic non-native annual grasses observed include wild oat (Avena fatua), Italian rye (Festuca perennis), and foxtail barley (Hordeum murinum). Many ruderal herbs were also present, including plantain (Plantago spp.).
Riparian habitat is found along Los Trancos Creek within the project site. This habitat type is similar to coast live oak woodland described above, with the distinction that it occurs along the banks of the creek and is considered riparian habitat.
IMPACT ANALYSIS
a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as candidate, sensitive, or special status in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
Based on a review of agency databases and literature review, as well as the results of the reconnaissance survey of the project site, Rincon evaluated 85 special-status species (40 special-status plant species and 45 special-status animal species) documented within the Mindego Hill, California USGS 7.5-minute topographic quadrangle and the surrounding eight quadrangles (Woodside, Palo Alto, Mountain View, La Honda, Cupertino, Franklin Point, Big ITEM 13
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Basin, and Castle Rock Ridge). Each of these 85 species was evaluated for its potential to occur at the project site. The majority of special-status species are not expected to occur based on the absence of suitable habitat and/or the project site being outside of the geographic range of the species. However, Mitigation Measure BIO-1 would require implementation of a Worker Environmental Awareness Program (WEAP) in order to aid workers in recognizing special-status species, which would reduce impacts to a less than significant level.
Of the 40 special-status plant species, one has a moderate potential to occur on the project site. Woodland woollythreads (Monolopia gracilens), CRPR 1B.2, can be found in a variety of habitat types, including some that occur on the project site, such as woodlands and grassy sites in openings. Blooming period for this species is March through July. Multiple occurrences of woodland woollythreads have been recorded within five miles of the project area, including the most recent occurrence from 2018 approximately one mile southwest of the project site. Therefore, the project has the potential to impact woodland woollythreads through removal of habitat and this impact is potentially significant. Mitigation Measure BIO-2 would be required to reduce impacts on woodland woollythreads and other special- status plant species to a less than significant level.
Of the 45 special-status animal species, nine have moderate to high potential to occur in habitat on the site: steelhead - central California coast (CCC) distinct population segment (steelhead) (Oncorhynchus mykiss irideus), Santa Cruz black salamander (Aneides niger), California giant salamander (Dicamptodon ensatus), California red-legged frog (Rana draytonii), western pond turtle (Emys marmorata), San Francisco gartersnake (Thamnophis sirtalis tetrataenia) pallid bat (Antrozous pallidus), Townsend’s big-eared bat (Corynorhinus townsendii), and San Francisco dusky-footed woodrat (Neotoma fuscipes annectens).
Additionally, there is suitable nesting habitat throughout the project site for nesting birds, which are protected under the Migratory Bird Treaty Act and CDFW Fish and Game Code.
Mitigation measures BIO-3 through BIO-7 would be required to reduce impacts on the above-mentioned special-status animal species to a less than significant level.
The project would include a 20-foot creek setback (see Figure 6) pursuant to Palo Alto’s Stream Corridor Ordinance (Section 18.40.140 of the PAMC) and no direct impacts to aquatic habitat would occur. However, construction of the project would result in removal of vegetation and loss of terrestrial habitat on limited portions of the site, and runoff and erosion from the project site could indirectly impact aquatic species habitat. Critical habitat for steelhead is present in Los Trancos Creek, both within and immediately adjacent to the project site. Designated critical habitat is also located in several of the rivers surrounding the project site within five miles for coho Salmon, though the project site does not overlap with these rivers and no drainages onsite are connected to the other rivers where critical habitat is designated. The project would include a 20-foot creek setback pursuant to Palo Alto’s Stream Corridor Ordinance and no direct impacts to steelhead critical habitat would occur. However, indirect impacts from runoff or erosion could impact water quality; therefore, the project has the potential to impact steelhead designated critical habitat and the impact is potentially significant. Mitigation Measure BIO-3 would be required to address potential erosion and provided BMPs for protection of steelhead and aquatic habitats.
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30 | Page Initial Study ♦ Mitigated Negative Declaration Figure 6 Site Plan (Partial) in Relation to Creek and Property Lines
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New lighting introduced on the project site could have an adverse effect on animal species in the creek corridor if not properly limited and controlled. PAMC Section 18.40.140(B)(3) requires that “Nighttime lighting shall be directed away from the riparian corridor of a stream” and that “The distance between nighttime lighting and the riparian corridor of a stream should be maximized.” A lighting plan submitted by the applicant shows shielding on exterior safety lighting and shades to limit interior lighting spillover toward the creek. The City would require adherence to PAMC Section 18.40.140(B)(3) during final review of project lighting prior to issuance of building permits. Implementation of these requirements would limit light intrusion into the creek corridor and associated impacts would be avoided.
Additionally, although designated critical habitat for California red-legged frog and Bay checkerspot butterfly is located within five miles of the project area, the project does not overlap with either of these designated critical habitats.
MITIGATION MEASURES
The following mitigation measures are required:
BIO-1 Worker Environmental Awareness Program (WEAP). Prior to initiation of construction activities (including staging and mobilization) all personnel associated with project construction shall attend a Worker Environmental Awareness Program (WEAP) training, conducted by a qualified biologist, to aid workers in recognizing special-status resources that may occur in the construction area. The specifics of this program shall include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and measures required to reduce impacts to biological resources within the work area. A qualified biologist shall prepare a fact sheet conveying this information for distribution to all contractors, their employers, and other personnel involved with construction. All employees shall sign a form provided by the trainer indicating they have attended the WEAP and understand the information presented to them. The forms from all trainings shall be available to the City upon request to document compliance.
BIO-2 Special-Status Plant Species Botanical Surveys. A qualified biologist shall conduct a protocol level botanical survey, including a site visit during the blooming period of the target species in March through July. If the CRPR 1 rank plant is found, the plants shall be avoided by installing protective fencing and warning construction personnel of their presence through the WEAP training. If special-status plants species cannot be avoided, impacts shall be mitigated at a minimum ratio of 1:1 (number of acres or individuals restored to number of acres or individuals impacted). A restoration plan shall be prepared and submitted to the City for review and approval and to CDFW for review. The restoration plan shall include, at a minimum, the type and area of habitat to be established, restored, enhanced, and/or preserved; goals and objectives of the mitigation project; a monitoring plan including performance standards and success criteria; and maintenance activities to occur during ITEM 13
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32 | Page Initial Study ♦ Mitigated Negative Declaration monitoring. The applicant shall implement the measures prior to commencement of ground disturbance, tree removal or construction.
BIO-3 Best Management Practices for Protection of Steelhead and Aquatic Habitat. No vegetation removal, ground disturbance or construction shall occur within the creek or the 20-foot creek setback zone, which shall be demarcated with high visibility orange construction fencing to ensure avoidance of impacts to the aquatic habitat.
Best management practices (BMPs) shall be developed and implemented during all grading and construction activities to prevent erosion and sedimentation into the creek and to prevent the spill of contaminants in or around the creek. The following BMPs shall be included and implemented on-site during construction to prevent any indirect impacts to aquatic habitat, as well as jurisdictional waters and wetlands:
Vehicles and equipment shall be checked at least daily for leaks and maintained in good working order. Spill kits shall be available on-site at all times and a spill response plan shall be developed and implemented.
Sediment and erosion control measures (e.g., sand or gravel bags, hay bales, check dams) shall be implemented and maintained throughout the project site to prevent the entry of sediment and/or pollutants into any waterways or jurisdictional areas. No monofilament plastic may be used for erosion control materials.
BIO-4 Preconstruction Surveys for California Giant Salamander, Santa Cruz Black Salamander, Western Pond Turtle, California Red-Legged Frog, and San Francisco Garter Snake. A qualified biologist shall conduct a pre-construction survey within 24 hours of the initiation of project activities. If California Giant Salamander, Santa Cruz Black Salamander, and/or Western Pond Turtle are observed the animal shall be allowed to leave the site on its own. If California Red-Legged Frog, and/or San Francisco garter snake is found, USFWS shall be notified immediately to determine the correct course of action and the proposed project shall not begin until approved by USFWS.
Prior to ground disturbance, a temporary wildlife exclusion barrier shall be installed along the limits of disturbance. A qualified biologist shall inspect the area prior to barrier installation. The barrier shall be designed to prevent the target species from entering the project area and will remain in place until all development activities have been completed. This barrier shall be inspected daily by a qualified biologist and maintained and repaired as necessary to ensure that it is functional and is not a hazard to the target species on the outer side of the barrier.
A qualified biologist shall be present during all grading and initial ground disturbing activities. Vegetation disturbance shall be the minimum necessary to achieve the goals of the project. Immediately prior to initial ground disturbance and vegetation removal, a qualified biologist shall conduct a visual clearance survey. Vegetation shall be cut to 6 inches in height using hand tools (including string trimmers or chainsaw for brush). Once the ground is visible, a second visual survey for target species shall be conducted by the biologist prior to additional ground disturbance.
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Should California Giant Salamander, Santa Cruz Black Salamander, or Western Pond Turtle be observed within the project site, construction shall be halted in the vicinity until either the animal exits the site on its own or until a qualified biologist relocates the animal to suitable habitat in the immediate vicinity. Should California Red- Legged Frog, and/or San Francisco garter snake be observed within the project site, the USFWS shall be notified immediately and construction shall be halted until either the animal exits the site on its own or until a qualified biologist with the appropriate USFWS Recovery Permit relocates the animal.
No work shall occur during a rain event over 0.25.” If a rain event occurs, a qualified biologist shall inspect the site again prior to resuming work. All holes and trenches shall be covered at the end of the day or ramped to avoid entrapment.
BIO-5 Focused Surveys for Special-Status Bat Species and Roosting Bat Protection Plan.
Prior to tree removal, a qualified biologist shall conduct a focused survey of all trees to be removed or impacted by construction activities to determine whether active roosts of special-status bats are present on site. If tree removal is planned for the fall, it is recommended the survey be conducted in September to ensure tree removal would have adequate time to occur during seasonal periods of bat activity, as described below. If tree removal is planned for the spring, it is recommended the survey be conducted during the earliest possible time in March, to allow for suitable conditions for both the detection of bats and subsequent tree removal. Trees containing suitable potential bat roost habitat features shall be clearly marked or identified.
If day roosts are found to be potentially present, the biologist shall prepare a site- specific roosting bat protection plan to be implemented by the contractor following the City of Palo Alto’s approval. The plan shall incorporate the following guidance as appropriate:
To the extent possible, trees identified as suitable roosting habitat shall be removed during seasonal periods of bat activity, including the following, but not during maternity season:
▫ Between September 1 and about October 15, or before evening temperatures fall below 45 degrees Fahrenheit and/or more than 0.5 inch of rainfall within 24 hours occurs.
▫ Between March 1 and April 15, or after evening temperatures rise above 45 degrees Fahrenheit and/or no more than 0.5 inch of rainfall within 24 hours occurs.
If a tree must be removed during the maternity/breeding season and is identified as potentially containing a colonial maternity roost, then a qualified biologist shall conduct acoustic emergence surveys or implement other appropriate methods to further evaluate if the roost is an active maternity roost.
Under the biologist’s guidance, the contractor shall implement measures similar to or better than the following:
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34 | Page Initial Study ♦ Mitigated Negative Declaration ▫ If it is determined that the roost is not an active maternity roost, then the roost may be removed in accordance with the other requirements of this recommendation.
▫ If it is found that an active maternity roost of a colonial roosting species is present, the roost shall not be disturbed during the breeding season (April 15 to August 31).
Potential colonial hibernation roosts may only be removed during seasonal periods of bat activity. Potential non-colonial roosts that cannot be avoided shall be removed on warm days in late morning to afternoon when any bats present are likely to be warm and able to fly. Appropriate methods shall be used to minimize the potential harm to bats during tree removal. Such methods may include using a two-step tree removal process. This method is conducted over two consecutive days and works by creating noise and vibration by cutting non- habitat branches and limbs from habitat trees using chainsaws only (no excavators or other heavy machinery) on day one. The noise and vibration disturbance, together with the visible alteration of the tree, is very effective in causing bats that emerge nightly to feed to not return to the roost that night.
The remainder of the tree is removed on day two.
BIO-6 Preconstruction Surveys for San Francisco Dusky-Footed Woodrat. A qualified biologist shall conduct a pre-construction survey for woodrats no more than 14 days prior to construction. Nests within 50 feet of project activity that would not be directly impacted by project activity shall be demarcated with a 10-foot avoidance buffer and left intact. If a nest(s) that cannot be avoided are found during the pre- construction survey, an approved biologist shall dismantle the nest and relocate it to suitable habitat outside the work area no more than 50 feet away with the goal of ensuring the individuals are allowed to leave the work area(s) unharmed before on site activities begin. Nest relocation shall occur within 48 hours of construction activities to ensure that nests are not reestablished.
BIO-7 Preconstruction Surveys for Nesting Birds. A general pre-construction nesting bird survey shall be conducted by a qualified biologist within 14 days prior to the initiation of construction activities. If construction is stopped for more than 14 days during the nesting season, a pre-construction survey shall be conducted prior to the re-start of construction activities. Surveys shall include the disturbance area plus a 50-foot buffer for passerine species, and a 500-foot buffer for raptors.
If active nests are located, an appropriate avoidance buffer shall be established within which no work activity would be allowed that would impact these nests. The avoidance buffer shall be established by the qualified biologist on a case-by-case basis based on the species and site conditions. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until juveniles have fledged and/or the nest is inactive. A qualified biologist shall confirm that breeding/nesting is complete, and the nest is no longer active prior to removal of the buffer. If work within a buffer area cannot be ITEM 13
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avoided, then a qualified biologist shall be present to monitor all project activities that occur within the buffer. The biological monitor shall evaluate the nesting avian species for signs of disturbance and shall have the ability to stop work.
SIGNIFICANCE AFTER MITIGATION
Implementation of Mitigation Measure BIO-1 would require all personnel associated with project construction to attend a WEAP, which would aid them in recognizing special-status resources and reduce impacts to a less than significant level. Implementation of Mitigation BIO-2 would reduce impacts on special-status plant species to a less than significant level through conduction of botanical surveys and avoidance of CRPR 1 rank plant.
Implementation of Mitigation BIO-3 would require implementation of BMPs for the protection of steelhead and aquatic habitats, as well as measures for sediment and erosion control which would reduce impacts on aquatic habitats and jurisdictional waters and wetlands to a less than significant level. Implementation of Mitigation Measures BIO-4 through BIO-7 would require surveys for and avoidance if possible for special-status animal species such as the California Giant Salamander, Santa Cruz Black Salamander, Western Pond Turtle, California Red-Legged Frog, San Francisco garter snake, special-status bat species, San Francisco Dusky-Footed Woodrat, and nesting birds, which would reduce impacts on those species to a less than significant level.
L
ESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c. Would the project have a substantial adverse effect on state or federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Three sensitive natural communities (Northern Coastal Salt Marsh, Serpentine Bunch Grass, and Valley Oak Woodland) are known to occur within the nine-quadrangle search radius; however, none are present within the project site. Los Trancos Creek is an intermittent stream that crosses the western border of the site, as shown in Figure 2. It is a tributary to San Francisquito Creek, which flows into San Francisco Bay, a Traditional Navigable Water, and therefore is potentially under the jurisdiction of the U.S. Army Corps of Engineers (USACE), CDFW, and/or Regional Water Quality Control Board (RWQCB). The proposed project would not alter the course of this creek or other stream or river and would implement a 20 foot creek setback pursuant to Palo Alto’s Stream Corridor Ordinance as noted in Section 18.40.140 of the PAMC. Riparian habitat (coast live oak woodland) occurs adjacent to the creek. Coast live oak woodland is not a CDFW sensitive natural community, ITEM 13
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36 | Page Initial Study ♦ Mitigated Negative Declaration but riparian habitat is considered to be jurisdictional by CDFW. Project plans avoid direct impacts to Los Trancos Creek by precluding work or disturbance within 20 feet of the top of bank; however, the proposed project may result in indirect impacts to the creek and riparian habitat from erosion or runoff from the project site. Mitigation Measure BIO-3 requires development of BMPs to protect water quality and aquatic habitat and would also serve to protect wetlands and waters of the U.S. and State. Mitigation Measure BIO-3 would be required to reduce potential water quality impacts to a less than significant level.
Project activities within the dripline of the riparian canopy and removal of riparian canopy shall be avoided to the extent possible. Mitigation Measure BIO-3 requires high visibility orange construction fencing established for the creek setback zone. Where the riparian canopy extends beyond the 20-foot setback, the fencing must be extended to encompass the dripline of the riparian canopy. If project activities requiring pruning or soil disturbance, or that have the potential to impact soils within the dripline of the riparian canopy cannot be avoided, a CDFW Section 1600 Lake and Streambed Alteration Agreement is required.
Mitigation at a minimum ratio of 1:1 shall be required. A compensatory mitigation plan for impacts to riparian habitat must be prepared and submitted to CDFW for approval. The mitigation plan must include, at a minimum, the type and area of habitat to be established, restored, enhanced, and/or preserved; goals and objectives of the mitigation project; a monitoring plan including performance standards and success criteria; and maintenance activities to occur during monitoring. The applicant must implement the measures prior to commencement of ground disturbance, tree removal or construction.
The project site is mapped within CDFW’s California Essential Habitat Connectivity areas as somewhat permeable to wildlife passage. However, the project site is outside of mapped Landscape Blocks for the California Bay Area Linkage Network, indicating that it is not identified as highly permeable or high-quality habitat. Within the larger landscape, the project site is surrounded by highly permeable landscape providing terrestrial species more attractive alternatives for movement around the project site. Many large terrestrial wildlife species such as the candidate threatened mountain lion (Puma concolor) and most small species such as rodents and herpetofauna avoid openings and use the cover provided by the riparian corridor. The project is designed to avoid impacts to the riparian corridor, and Mitigation Measure BIO-3 requires fencing of the creek setback zone. The proposed placement of the structure is within an existing clearing on the property. The City would require adherence to PAMC Section 18.40.140(B)(3) requiring shielding of the creek from lighting. Implementation of these requirements would limit intrusion into the riparian corridor and impacts to the movement of both terrestrial and aquatic wildlife, established corridors, or nursery sites would be less than significant.
MITIGATION MEASURE AND SIGNIFICANCE AFTER MITIGATION
Mitigation Measure BIO-3 would require implementation of BMPs to reduce impacts on Los Trancos Creek and riparian habitat. With mitigation, impacts would be less than significant.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
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BIOLOGICAL RESOURCES
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e. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or as defined by the City of Palo Alto’s Tree Preservation Ordinance (Municipal Code Section 8.10)?
The purpose of the City of Palo Alto Tree Preservation Ordinance is to promote the health, safety, welfare, and quality property within the city, and the establishment of standards for removal, maintenance, and planting of trees. In establishing these procedures and standards, it is the City's intent to encourage the preservation of trees. Chapter 8.10, Tree Preservation and Management Regulations, establishes regulations for the preservation of protected trees, defined as:
Coast live oak, 11.5 inches in diameter or greater when measured 4.5 ft above natural grade
Valley oak, 11.5 inches in diameter or greater when measured 4.5 ft above natural grade Coast redwood, 18 inches in diameter or greater when measured 4.5 ft above natural grade
A heritage tree designated by the City Council
Under the tree protection ordinance, discretionary development approvals for property containing protected trees will include appropriate conditions providing for the protection of such trees during construction and for maintenance of the trees thereafter.
According to the arborist report prepared by Kielty Arborist Services on June 7, 2021 and revised on August 24, 2021 (Kielty Arborist Services 2021; Appendix B), there are currently 82 trees within or adjacent to the area of development. Four non-protected trees (one red willow tree, two olive trees, and one black walnut tree) would be removed as part of the project since they either pose a fire hazard or are located within the proposed driveway area. Coast live oak trees and valley oak trees with a diameter at breast height of greater than 11.5 inches occur within project site. Pursuant to PAMC Section 8.10, these on-site oak trees would qualify as protected trees. There are currently 55 protected trees on site.
Except for one coast live oak tree, the rest of the protected trees are located away from the proposed work on site. However, Mitigation Measure BIO-8 would be required in order to reduce impacts on trees to be retained on site. The one Coast live oak tree that is located on the northwestern portion of the site and is dead would need to be removed. The City’s tree protection ordinance requires compliance with the Tree Technical Manual, which outlines the requirements for removal and replacement of protected trees consistent with the tree canopy requirements. A written Tree Removal Permit is required prior to removal of any street tree and would further ensure that the requirements of the Ordinance are met. The project would be required to comply with the tree ordinance and apply for the required permit as needed; therefore, there is no conflict with local policies or ordinances.
MITIGATION MEASURE
BIO-8 Protection of Retained Trees. The project applicant shall adhere to recommendations as described in the arborist report prepared by Kielty Arborist Services (Kielty Arborist Services 2021) regarding protection of retained trees.
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38 | Page Initial Study ♦ Mitigated Negative Declaration Recommendations include landscape buffers, tree pruning, root cutting, trenching and excavation, irrigation, grading, and inspections.
SIGNIFICANCE AFTER MITIGATION
Mitigation Measure BIO-8 would require protection measures for retained trees on site, which would reduce impacts to the trees to a less than significant level.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
f. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
The project site is not within an approved Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. No impact would occur.
L
ESS THAN SIGNIFICANT IMPACT
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CULTURAL RESOURCES
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5 Cultural Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project have any of the following impacts:
a. Cause a substantial adverse change in the
significance of a historical resource as
defined in§15064.5 or recognized by City
Council resolution?
□ □ □ ■
b. Cause a substantial adverse change in the
significance of an archaeological resource as
defined in §15064.5?
□ ■ □ □
c. Disturb any human remains, including those
interred out of formal cemeteries?
□ □ ■ □
a. Would the project cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 or recognized by City Council resolution? Rincon Consultants prepared a Cultural Resources Assessment Report for the project in February 2022 (Foster and Blind 2022). This assessment included a cultural resources records search of the California Historical Resources Information System (CHRIS), a Sacred Lands File (SLF) search, historic-period aerial and topographic map review, a pedestrian survey of the project site on January 14, 2022. The CHRIS records search was conducted to identify previous cultural resources studies and previously recorded cultural resources within 0.5 mile of the project site. Rincon also reviewed the NRHP, the CRHR, the California Historical Landmarks list, and the Built Environment Resources Directory (BERD), as well as its predecessor the California State Historic Property Data (HPD) File. Additionally, Rincon reviewed the Archaeological Determination of Eligibility (ADOE) list. No structures or previously recorded historic structures were identified on the project site. The field survey and background research did not identify any built-environment historical resources on or adjacent to the project site. Therefore, no impacts would occur.
N
O IMPACT
b. Would the project cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5?
Rincon identified two archaeological resources within the vicinity of the project site. Rincon evaluated one historical archaeological resource within the project site for listing in the CRHR and recommended it ineligible as its data potential was exhausted at initial recording.
One Native American resource is located outside of the project site and will not be affected by project activities. This resource was not evaluated for listing in the CRHR. While the SLF results were negative, the project site still maintains moderate sensitivity to containing ITEM 13
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40 | Page Initial Study ♦ Mitigated Negative Declaration historic-period or Native American archaeological resources due to the proximity of the project to previously recorded archaeological resources. Therefore, impacts are potentially significant.
MITIGATION MEASURES
CR-1 Worker’s Environmental Awareness Program (WEAP). Prior to project ground disturbance, all construction personnel and contractors responsible for overseeing and operating ground-disturbing activities shall be required to receive cultural awareness and sensitivity training. The purpose of this training is to educate construction personnel regarding the legal obligations of the project, the types of archaeological deposits that may be encountered during construction, and the appropriate procedures required in the event of a discovery of archaeological resources, paleontological resources, or human remains. The WEAP shall also provide cultural sensitivity training to ensure respectful and appropriate behaviors in the vicinity of archaeological deposits and human remains. The WEAP shall be implemented by a qualified archaeologist that meets or exceeds the Secretary of the Interior’s Professional Qualifications Standards in archaeology.
CR-2 Archaeological and Native American Monitoring. A qualified archaeologist shall conduct archaeological monitoring for all project-related ground disturbing activities. Archaeological monitoring shall be performed under the direction of an archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology (National Park Service 1983). Locally affiliated Native American tribes shall be given the opportunity to conduct Native American monitoring. In the event that Native American monitoring occurs, a locally affiliated tribal member shall monitor all project-related ground disturbing activities. The monitor(s) will have the authority to halt and redirect work should any archaeological resources be identified during monitoring. If archaeological resources are encountered during ground-disturbing activities, work in the immediate area must halt and the find evaluated for listing in the CRHR. Archaeological monitoring may be reduced to spot-checking or eliminated at the discretion of the monitors, in consultation with the lead agency, as warranted by conditions such as encountering bedrock, sediments being excavated are fill, or negative findings during the first 60 percent of rough grading. If monitoring is reduced to spot-checking, spot-checking shall occur when ground-disturbance moves to a new location within the project area and when ground disturbance will extend to depths not previously reached (unless those depths are within bedrock).
CR-3 Unanticipated Discovery of Cultural or Tribal Cultural Resources. In the event that archaeological resources are unexpectedly encountered during ground-disturbing activities, work in the immediate area shall be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archeology (National Park Service 1983) shall be contacted immediately to evaluate the find. If the find is Native American in origin, then a Native American representative shall also be contacted to participate in the evaluation of the find. The qualified archaeologist, and, if applicable, the Native American representative, shall examine ITEM 13
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the find and make appropriate recommendations regarding additional work necessary to evaluate the significance of the find and the appropriate treatment of the resource. All cultural resources identified shall be evaluated for CRHR eligibility and local listing. Additional work may be necessary to evaluate the resource for inclusion in the CRHR or local listing. Recommendations could include, but are not limited to, invasive or non-invasive testing, sampling, laboratory analysis, preservation in place, or data recovery. A report of findings documenting any data recovered during monitoring shall be prepared by a qualified archaeologist and submitted to the Director of Planning. If the discovery is determined to be Native American in nature, the on-site Native American monitor, if applicable, shall be consulted to determine the appropriate treatment of the resource. In the event that no Native American monitor is contracted, locally affiliated Native American tribes shall be invited to consult regarding the appropriate treatment of any Native American resources identified during project construction.
SIGNIFICANCE AFTER MITIGATION
Implementation of Mitigation Measures CR-1, CR-2, and CR-3 would ensure that cultural resources are properly identified and preserved in the event they are uncovered during construction and would reduce impacts regarding disrupting intact archaeological resources to a less than significant level.
L
ESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
c. Would the project disturb any human remains, including those interred out of formal cemeteries?
No human remains are known to be present within the project site. However, the discovery of human remains is always a possibility during ground disturbing activities. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the County Coroner must be notified immediately. If the human remains are determined to be of Native American origin, the Coroner will notify the Native American Heritage Commission, which will determine and notify the Most Likely Descendent (MLD). The MLD has 48 hours from being granted site access to make recommendations for the disposition of the remains. If the MLD does not make recommendations within 48 hours, the landowner shall reinter the remains in an area of the property secure from subsequent disturbance. With adherence to existing regulations, impacts to human remains would be less than significant.
L
ESS THAN SIGNIFICANT IMPACT
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ENERGY
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6 Energy
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary
consumption of energy resources,
during project construction or
operation?
□ □ ■ □
b. Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?
□ □ ■ □
a. Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b. Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
The proposed project would involve the use of energy during construction and operation.
Energy use during the construction phase would be primarily in the form of fuel consumption. Long-term operation of the proposed project would require permanent grid connections for electricity to power internal and exterior building lighting and heating and cooling systems. In addition, the increase in vehicle trips associated with the project would increase fuel consumption within Palo Alto. However, the proposed project would be subject to the energy conservation requirements of the California Energy Code (Title 24 of the California Code of Regulations, Part 6) and the California Green Building Standards Code (24 CCR part 11) as well as the City’s green building ordinance (PAMC Section 16.14.).
Additionally, the proposed project would be fully electric and would utilize renewable energy in the form of solar roof panels with a system of more than 10 kilowatts (kW). Heat pump technology would be used for water heating and space heating. The project would also utilize energy-efficient appliances and lighting, as well as water-efficient appliances and fixtures, which would be consistent with the following policies within the City of Palo Alto 2030 Comprehensive Plan:
Policy T-4.7 Require new residential development projects to implement best practices for street design, stormwater management and green infrastructure. Policy N-7.4 Maximize the conservation and efficient use of energy in new and existing residences and other buildings in Palo Alto.
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44 | Page Initial Study ♦ Mitigated Negative Declaration Policy N-7.5 Encourage energy efficient lighting that protects dark skies and promotes energy conservation by minimizing light and glare from development while ensuring public health and safety.
Moreover, since the proposed project would involve the construction of one single-family residence and associated accessory structure, the increase in vehicle trips would be minimal and would not substantially increase fuel consumption within the City. Therefore, impacts related to the wasteful, inefficient, or unnecessary consumption of energy resources would be less than significant.
LESS THAN SIGNIFICANT IMPACT
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7 Geology and Soils
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project have any of the following impacts:
a. Directly or indirectly cause potential Expose
substantial adverse effects, including the
risk of loss, injury, or death involving:
1. Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
□ □ □ ■
2. Strong seismic ground shaking? □ ■ □ □
3. Seismic-related ground failure,
including liquefaction? □ ■ □ □
4. Landslides? □ □ □ ■
b. Result in substantial soil erosion or loss of
topsoil? □ ■ □ □
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable
as a result of the project, and potentially
result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
□ ■ □ □
d. Be located on expansive soil, as defined in
Table 1-B of the Uniform Building Code
(1994), creating substantial direct or
indirect risks to life or property?
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater?
□ □ □ ■
f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature? □ ■ □ □
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46 | Page Initial Study ♦ Mitigated Negative Declaration
SETTING
FAULT ZONES
Similar to much of California, Palo Alto is located in a seismically active region. The USGS defines Holocene-active faults as those that are likely to have moved one or more times (surface displacement) in the last 10,000 years (USGS, n.d.), while inactive faults have not had surface displacement within that period. The major fault zones located near Palo Alto include the San Andreas Fault (5.5 miles southwest from the City), the Hayward Fault (13 miles northeast from the City), and the Calaveras Fault (23 miles northeast from the City).
In addition to primary hazards like surface fault ruptures, earthquakes also result in secondary hazards and impacts such as ground shaking, landslides, and liquefaction, which could cause widespread damage. The project site is not located within an identified earthquake fault zone as delineated on the Alquist-Priolo Earthquake Fault Zoning Map (DOC 2021a).
GROUND SHAKING
Seismically induced ground shaking covers a wide area and is greatly influenced by the distance of the site to the seismic source, soil conditions, and depth to groundwater. The most intense ground-shaking scenario mapped by the USGS and Associated Bay Area Governments (ABAG) in the vicinity assumes a 7.0 magnitude earthquake on the Hayward Fault system (northern and southern segments). The predicted ground-shaking level from such an earthquake would be “strong shaking” to “very strong shaking” throughout the City (ABAG 2019).
LIQUEFACTION AND SEISMICALLY INDUCED SETTLEMENT
Liquefaction is defined as the sudden loss of soil strength due to a rapid increase in soil pore water pressure resulting from seismic ground shaking. Liquefaction potential is dependent on such factors as soil type, depth to ground water, degree of seismic shaking, and the relative density of the soil. When liquefaction of the soil occurs, buildings and other objects on the ground surface may tilt or sink, and lightweight buried structures (such as pipelines) may float toward the ground surface. Liquefied soil may be unable to support its own weight or that of structures, which could result in loss of foundation bearing or differential settlement. Liquefaction may also result in cracks in the ground surface followed by the emergence of a sand-water mixture. According to the DOC, the project site is located in a liquefaction zone (DOC 2021a).
Seismically induced settlement occurs in loose to medium dense unconsolidated soil above groundwater. These soils compress (settle) when subject to seismic shaking. The settlement can be exacerbated by increased loading, such as from the construction of buildings.
Settlement can also result solely from human activities including improperly placed artificial fill, and structures built on soils or bedrock materials with differential settlement rates.
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LANDSLIDES
Landslides result when the driving forces that act on a slope (i.e., the weight of the slope material, and the weight of objects placed on it) are greater than the slope’s natural resisting forces (i.e., the shear strength of the slope material). Slope instability may result from natural processes, such as the erosion of the toe of a slope by a stream, or by ground shaking caused by an earthquake. Slopes can also be modified artificially by grading, or by the addition of water or structures to a slope. Development that occurs on a slope can substantially increase the frequency and extent of potential slope stability hazards. The project site is not located in a landslide hazard zone or an earthquake fault zone (DOC 2021a).
EXPANSIVE SOILS
Expansive soils can change dramatically in volume depending on moisture content. When wet, these soils can expand; conversely, when dry, they can contract or shrink. Sources of moistures that can trigger this shrink-swell phenomenon include seasonal rainfall, landscape irrigation, utility leakage, and/or perched groundwater. Expansive soil can develop wide cracks in the dry season, and changes in soil volume have the potential to damage concrete slabs, foundations, and pavement. Special building/structure design or soil treatment are often needed in areas with expansive soils. Expansive soils are typically very fine-grained with a high to very high percentage of clay. The clay minerals present typically include montmorillonite, smectite, and/or bentonite. Linear extensibility is used to determine the shrink-swell potential of soils. The shrink-swell potential is low if the soil has a linear extensibility of less than 3 percent; moderate if 3 to 6 percent; high if 6 to 9 percent; and very high if more than 9 percent.
EROSION
Erosion is the wearing away of the soil mantle by running water, wind or geologic forces.
Excessive erosion can contribute to landslides, siltation of streams, undermining of foundations, and ultimately the loss of structures. Removal of vegetation tends to heighten erosion hazards. The City enforces grading and erosion control ordinances to reduce these hazards and the 2030 Comprehensive Plan also contains policies to prevent erosion-related issues.
PALEONTOLOGICAL SETTING
Paleontological sensitivity refers to the potential for a geologic unit to produce scientifically significant fossils. Direct impacts to paleontological resources occur when earthwork activities, such as grading or trenching, cut into the geologic deposits within which fossils are buried and physically destroy the fossils. Since fossils are the remains of prehistoric animal and plant life, they are considered to be nonrenewable. Such impacts have the potential to be significant and, under the CEQA Guidelines, may require mitigation.
Sensitivity is determined by rock type, past history of the geologic unit in producing significant fossils, and fossil localities recorded from that unit. Paleontological sensitivity is ITEM 13
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48 | Page Initial Study ♦ Mitigated Negative Declaration derived from the known fossil data collected from the entire geologic unit, not just from a specific survey.
The discovery of a vertebrate fossil locality is of greater significance than that of an invertebrate fossil locality, especially if it contains a microvertebrate assemblage. The recognition of new vertebrate fossil locations could provide important information on the geographical range of the taxa, their radiometric age, evolutionary characteristics, depositional environment, and other important scientific research questions. Vertebrate fossils are almost always significant because they occur more rarely than invertebrates or plants. Thus, geological units having the potential to contain vertebrate fossils are considered the most sensitive.
IMPACT ANALYSIS
a1. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?
The project site is not located within an identified earthquake fault zone as delineated on the Alquist-Priolo Earthquake Fault Zoning Map (DOC 2021a). No known fault lines are located on the site. The closest active fault is the San Andreas Fault which is located approximately 0.4 miles southwest of the site. According to the Geotechnical Engineering Study completed by Earth Systems on April 9, 2021 (Earth Systems 2021; Appendix C), the danger from rupture of a known earthquake fault on the site is low. Therefore, no impact would occur.
N
O IMPACT
a2. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? As with any site in the Bay Area region, the project site is susceptible to strong seismic ground shaking in the event of a major earthquake. Nearby faults include the San Andreas Fault, the Hayward Fault and the Calaveras Fault. These faults are capable of producing strong seismic ground shaking at the site. According to the project’s Geotechnical Engineering Study, strong shaking of the site is likely to occur, but the project would be feasible from a geotechnical standpoint if the recommendations in the report are implemented. This impact is potentially significant.
MITIGATION MEASURE
GEO-1 Geotechnical Design Considerations. The project plans submitted for building permit approval shall incorporate the design recommendations outlined in the Geotechnical Study prepared by Earth Systems on April 9, 2021, or any other design feature or measure shown to equivalently reduce impacts associated with geology and soils to the satisfaction of the Director of Public Works. These include recommendations under the categories of:
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General site preparation
Compaction
Fill
Mat slab foundations
Post-tensioned slab foundations
Interior slab-on-grade construction
Exterior flatwork
Swimming pool
Utility trench backfills
Management of site drainage and finish improvements
Geotechnical observation and testing
Refer to the Geotechnical Study for full detail recommendations for each of the abovementioned categories.
SIGNIFICANCE AFTER MITIGATION
With implementation of Mitigation Measure GEO-1, the potentially significant impact associated with ground shaking would be reduced to a less than significant level.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
a3. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction?
c. Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? As mentioned above under Liquefaction, the project site is located in a liquefaction zone (DOC 2021a). The Geotechnical Engineering Study found that potentially liquefiable soils across the site are discontinuous, and therefore the potential for lateral displacement is considered low. However, there are concerns regarding loose soils in the upper 5 feet of the project site and the potential for settlement due to seismic shaking. Implementation of Mitigation Measure GEO-1 would reduce impacts on liquefaction to a less than significant level. Additionally, with modern construction and required adherence to the geology and soil provisions of the CBC, which sets forth seismic design standards (Chapters 16, 18) and geohazard study requirements (Chapter 18), impacts would be less than significant.
MITIGATION MEASURE AND SIGNIFICANCE AFTER MITIGATION
With implementation of Mitigation Measure GEO-1, the potentially significant impact associated with liquefaction would be reduced to a less than significant level.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
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50 | Page Initial Study ♦ Mitigated Negative Declaration a4. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? Earthquakes can trigger landslides that may cause injuries and damage to people and structures. Landslides are typically hazards on or near slopes or hillside areas, rather than generally level areas like the project site and vicinity. According to the DOC, the project site is not located in a landslide zone, and therefore there would be no impact.
NO IMPACT
b. Would the project result in substantial soil erosion or the loss of topsoil? Ground disturbing activities that would occur during the grading and excavation phase of construction would have the highest potential for erosion, and as a result temporary erosion could occur. However, the project would be required to comply with PAMC Chapters 16.28.070 and 16.28.120, which require measures to minimize surface runoff, erosion, and sedimentation. In addition, the project would be required to comply with erosion control standards administered by the San Francisco Bay Regional Water Quality Control Board (SFRWQCB) through the National Pollutant Discharge Elimination System (NPDES) permit process, which requires implementation of nonpoint source control of stormwater runoff. Furthermore, as mentioned under Section 3, Air Quality, the project would be required to comply with BAAQMD best management practices (BMPs) in Section
8.1.2 of the BAAQMD CEQA Guidelines, which address the minimization or avoidance of erosion and loss of topsoil. Additional information related to the prevention of stormwater- induced erosion is provided in Section 10, Hydrology and Water Quality. Compliance with these requirements as well as implementation of Mitigation Measure GEO-1 and Mitigation Measure BIO-3 would ensure that impacts of the proposed development associated with soil erosion and the loss of topsoil would be less than significant.
MITIGATION MEASURE AND SIGNIFICANCE AFTER MITIGATION
With implementation of Mitigation Measure GEO-1, which requires incorporation of design measures such as stabilization of surface soils while managing site drainage, and Mitigation Measure BIO-3, which requires implementation of sediment and erosion control measures (e.g., sand or gravel bags, hay bales, check dams) throughout the project site to prevent the entry of sediment and/or pollutants into any waterways or jurisdictional areas, the potentially significant impact associated with erosion or the loss of topsoil would be reduced to a less than significant level.
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ESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
d. Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property; Section 21.12.070 of the PAMC requires the preparation of a preliminary soil report in order to determine the presence of expansive soils and recommend corrective action to prevent structural damage. Building on unsuitable soils would have the potential to create future subsidence or collapse issues that could result in the settlement of infrastructure, and/or the disruption of utility lines and other services.
ITEM 13
Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
Item 13:
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ENVIRONMENTAL CHECKLIST
GEOLOGY AND SOILS
CITY OF PALO ALTO Page | 51
As analyzed in the Geotechnical Engineering Study, the near surface soils on the project site are sandy in nature and therefore are not expansive. Compliance with existing State and local laws and regulations would ensure that impacts associated with expansive soil are minimized by requiring the submittal and review of detailed soils and/or geologic reports prior to construction. Such evaluations must contain recommendations for ground preparation and earthwork specific to the site, which then become an integral part of the construction design. Palo Alto building codes and other City requirements would ensure that potential impacts are minimized or avoided. With implementation of Mitigation Measure GEO-1, impacts associated with expansive soils would be less than significant.
MITIGATION MEASURE AND SIGNIFICANCE AFTER MITIGATION
With implementation of Mitigation Measure GEO-1, the potentially significant impact associated with expansive soils would be reduced to a less than significant level.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
The proposed project would be connected to the local wastewater treatment system. Septic systems would not be used. There would be no impacts.
N
O IMPACT
f. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
There are no unique geological features on the project site. Since the project would include a pool and spa area on the southern portion of the site, maximum depth of excavation could potentially reach no more than 8 feet on the southern portion of the site where the pool is proposed. The project has the potential to uncover unanticipated paleontological resources. This impact is potentially significant.
MITIGATION MEASURES
GEO-2 Discovery of Previously Unidentified Paleontological Resources. In the event a fossil is uncovered during Project construction, all work shall cease until a certified paleontologist can investigate the finds and make appropriate recommendations.
Any artifacts uncovered shall be recorded and removed for storage at a location to be determined by the monitor.
ITEM 13
Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
Item 13:
Page
73 Packet Page 503 of 792
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52 | Page Initial Study ♦ Mitigated Negative Declaration
SIGNIFICANCE AFTER MITIGATION
Mitigation Measure GEO-2 would provide for the recovery, identification, and curation of previously unrecovered fossils, and Mitigation Measure CR-1 would require implementation of a WEAP prior to ground-breaking activities, which would ensure that potential impacts to paleontological resources be reduced to a less than significant level.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
ITEM 13
Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
Item 13:
Page
74 Packet Page 504 of 792
ENVIRONMENTAL CHECKLIST
GREENHOUSE GAS EMISSIONS
CITY OF PALO ALTO Page | 53
8 Greenhouse Gas Emissions
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project have any of the following impacts:
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
□ □ ■ □
b. Conflict with any applicable plan, policy, or
regulation adopted to reduce the emissions
of greenhouse gases?
□ □ ■ □
CLIMATE CHANGE AND GREENHOUSE GAS (GHG) EMISSIONS
Climate change is the observed increase in the average temperature of the earth’s atmosphere and oceans along with other substantial changes in climate (such as wind patterns, precipitation, and storms) over an extended period of time. Climate change is the result of numerous, cumulative sources of greenhouse gases (GHG), gases that trap heat in the atmosphere, analogous to the way in which a greenhouse retains heat. Common GHGs include water vapor, carbon dioxide (CO
2), methane (CH4), nitrous oxides (N2O), fluorinated
gases, and ozone (O3). GHGs are emitted by both natural processes and human activities. Of these gases, CO2 and CH4 are emitted in the greatest quantities from human activities.
Emissions of CO2 are largely by-products of fossil fuel combustion, whereas CH4 results from off-gassing associated with agricultural practices and landfills. Man-made GHGs, many of which have greater heat-absorption potential than CO2, include fluorinated gases, such as hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6) (California Environmental Protection Agency [Cal EPA] 2015).
The accumulation of GHGs in the atmosphere regulates the earth’s temperature. Without the natural heat trapping effect of GHGs, Earth’s surface would be about 34° C cooler (Cal EPA 2015). However, it is believed that emissions from human activities, particularly the consumption of fossil fuels for electricity production and transportation, have elevated the concentration of these gases in the atmosphere beyond the level of naturally occurring concentrations.
ITEM 13
Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
Item 13:
Page
75 Packet Page 505 of 792
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54 | Page Initial Study ♦ Mitigated Negative Declaration
IMPACT ANALYSIS
a. Would the project generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment?
b. Would the project conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
The project’s proposed construction activities, energy use, daily operational activities, and mobile sources (traffic) would generate GHG emissions. However, since the proposed project would involve construction of one single-family residence and an associated accessory structure, and would not involve demolition, simultaneous construction phases, simultaneous construction of more than one land use type, extensive site preparation, or extensive material transport, it would not generate substantial amounts of GHG emissions.
For single-family residential uses such as the proposed project, BAAQMD’s operational GHG screening size is 56 dwelling units. Therefore, the project would meet the screening criteria for operational GHG emissions.
The project would be consistent with the following goal policies within the 2030 Comprehensive Plan aimed at reducing greenhouse gases through the use of clean and efficient energy (City of Palo Alto 2017a):
Goal N-7 A clean, efficient energy supply that makes use of cost-effective renewable resources.
Policy N-7.4 Maximize the conservation and efficient use of energy in new and existing residences and other buildings in Palo Alto.
Policy N-7.6 Support the maximum economic use of solar electric (photovoltaic) and solar thermal energy, both as renewable supply resources for the Electric Utility Portfolio and as alternative forms of local power generation. Policy N-7.7 Explore a variety of cost-effective ways to reduce natural gas usage in existing and new buildings in Palo Alto in order to reduce associated greenhouse gas emissions.
The proposed project would be fully electric and would utilize energy-efficient appliances and lighting as well as water-efficient appliances and fixtures. The project would also include renewable energy in the form of solar roof panels as well as fully insulated slab construction foundation and exterior insulation on the roof. Therefore, the project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions and this impact would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
ITEM 13
Attachment E 575 Los Trancos Road
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with Appendices
Item 13:
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ENVIRONMENTAL CHECKLIST
HAZARDS AND HAZARDOUS MATERIALS
CITY OF PALO ALTO Page | 55
9 Hazards and Hazardous Materials
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project have any of the following impacts:
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
□ □ ■ □
b. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
□ □ ■ □
c. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within 0.25 mile of an
existing or proposed school?
□ □ ■ □
d. Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
□ □ □ ■
e. For a project located within an airport land
use plan, or where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard or
excessive noise for people residing or
working in the project area?
□ □ □ ■
f. Impair implementation of, or physically
interfere with, an adopted emergency
response plan or emergency evacuation
plan?
□ □ □ ■
g. Expose people or structures to a significant
risk of loss, injury, or death involving
wildland fires?
□ □ ■ □
ITEM 13
Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
Item 13:
Page
77 Packet Page 507 of 792
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56 | Page Initial Study ♦ Mitigated Negative Declaration
IMPACT ANALYSIS
a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school? Residential uses, such as those proposed by the project, typically do not use or store large quantities of hazardous materials other than minor amounts needed for cleaning or landscaping maintenance. During grading and construction activities, limited quantities of miscellaneous hazardous substances, such as gasoline, diesel fuel, hydraulic fluid, solvents, oils, paints, may be transported to the site, used on site, and disposed over after use.
However, the project would be required to comply with applicable Federal, State, and local regulations that address the handling, storage, use, and disposal of hazardous substances, including the Occupational Safety and Health Act and the Toxic Substances Control Act. This would eliminate potential significant hazards to the public or the environment through the routine transport, use, or disposal of hazardous materials. Construction contractors would be required to comply with applicable Federal and State environmental and workplace safety laws. The project site is not located within 0.25 mile of an existing or proposed school. Adherence to these regulatory requirements would ensure that impacts would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
d. Would the project create a significant hazard to the public or the environment from existing hazardous materials contamination by exposing future occupants or users of the site or from location on listed hazardous material sites compiled pursuant to Government Code Section 65962.5?
A search of the following databases was conducted on April 27, 2022, for known hazardous materials contamination in the project area:
EnviroStor Database (Department of Toxic Substances Control [DTSC] 2022a) Cortese list of Hazardous Waste and Substances Sites (DTSC 2022b) Geotracker search for leaking underground fuel tanks, Spills-Leaks-Investigations- Cleanups (SLIC) and Landfill sites (California State Water Resources Control Board 2022) According to EnviroStor and GeoTracker, there are no hazardous wastes or cleanup sites located on the project site or within 1,000 feet of the site. The nearest hazardous site to the project is located on Portola Road, approximately 0.6 miles northwest of the project site.
Therefore, the project would not create a significant hazard to the public or environment and no impact would occur.
N
O IMPACT
ITEM 13
Attachment E 575 Los Trancos Road
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with Appendices
Item 13:
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ENVIRONMENTAL CHECKLIST
HAZARDS AND HAZARDOUS MATERIALS
CITY OF PALO ALTO Page | 57
e. For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
There are no private airstrips in the vicinity of the site. The Palo Alto Airport of Santa Clara County (PAO) is the closest airport to the project site and is located over 7 miles away. PAO is a 103-acre facility with a single runway, parallel taxiway, and a building area. The airport primarily serves small general aviation aircraft. The area is located entirely outside of the airport safety and traffic pattern zones (Santa Clara County Airport Land Use Commission 2016). Therefore, no impact would occur.
N
O IMPACT
f. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The project would involve construction of a single-family residence on a vacant site. The residence would not obstruct existing roadways or require the construction of new roadways or access points. The proposed buildings would not block emergency response or evacuation routes or interfere with adopted emergency response and emergency evacuation plans. No impact would occur.
N
O IMPACT
g. Would the project expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? This impact is further discussed under Section 20, Wildfire. The project would not expose people lor structures to a significant risk of loss, injury, or death involving wildfires. Impacts would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
ITEM 13
Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
Item 13:
Page
79 Packet Page 509 of 792
575 LOS TRANCOS ROAD RESIDENTIAL PROJECT
58 | Page Initial Study ♦ Mitigated Negative Declaration
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Attachment E 575 Los Trancos Road
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Item 13:
Page
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ENVIRONMENTAL CHECKLIST
HYDROLOGY AND WATER QUALITY
CITY OF PALO ALTO Page | 59
10 Hydrology and Water Quality
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project have any of the following impacts:
a. Violate any water quality standards or
waste discharge requirements or otherwise
degrade surface or groundwater quality? □ ■ □ □
b. Substantially decrease groundwater supplies
or interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of
the basin?
□ □ ■ □
c. Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of a course of a stream or
river or through the addition of impervious
surfaces in a manner which would:
1. Result in substantial erosion or siltation
on- or off-site?
2. Substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or off-
site?
3. Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems
or provide substantial additional sources
of polluted runoff
4. I mpede or redirect flows
□ □ ■ □
d. In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation? □ □ □ ■
e. Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
□ □ ■ □
ITEM 13
Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
Item 13:
Page
81 Packet Page 511 of 792
575 LOS TRANCOS ROAD RESIDENTIAL PROJECT
60 | Page Initial Study ♦ Mitigated Negative Declaration
IMPACT ANALYSIS
a. Would the project violate any water quality standards or waste discharge requirements or otherwise degrade surface or groundwater quality?
Development of the proposed project would introduce heavy equipment during construction and increase traffic to and from the site during operation. This increase in heavy construction equipment and operational traffic could result in an increase in fuel, oil, and lubricants in the stormwater runoff due to leaks or accidental releases.
Since the project would involve development of an individual detached single-family residence not part of a larger common plan of development, it would not constitute a development project under PAMC Section 16.11.020 and therefore would not be required to obtain a NPDES Construction General Permit or develop and implement a Stormwater Pollution Prevention Plan (SWPPP) for construction activities.
In terms of impacts related to operational activities, impervious surfaces can carry a variety of pollutants, including oil and grease, metals, and sediment and pesticide residues from roadways, parking lots, rooftops, and landscaped areas depositing them into adjacent waterways via the storm drain system. The project would be required to comply with the stormwater pollution prevention measures in PAMC Section 16.11.036 as well as the Santa Clara Valley Urban Runoff Pollution Prevention Program’s C.3 requirements. Under Section
16.11.036 of the PAMC and C.3, since the project would create 2,500 square feet or more of impervious surfaces, it would be required to implement one of six site design measures but not treatment or hydromodification control measures (County of Santa Clara 2016).
The proposed project, in accordance with PAMC and C.3 requirements, would be designed to direct runoff from roofs and sidewalks into vegetated areas to treat surface runoff before entering the stormwater system, which would also ensure the protection of the Los Trancos Creek from harmful effluent. The project would also implement rainwater catchment systems as well as utilize recycled water for landscape irrigation. Compliance with the PAMC and C.3 requirements would not result in adverse effects on water quality or violate water quality standards or waste discharge requirements during construction or operation.
Therefore, excessive stormwater runoff, substantial erosion or siltation on- or off-site would not occur and the potential for the project to violate water quality standards and substantially degrade water quality would be reduced.
As discussed in Section 7, Geology and Soils, the proposed project could involve excavation up to 8 feet for the pool and spa structure. According to the Geotechnical Study (Appendix C), groundwater was encountered at 17 to 18 feet below the site. Therefore, it is unlikely that groundwater would be encountered during excavation activities. However, if groundwater were to be encountered, the project would be required to comply with local regulations. According to the City’s Construction Dewatering System Policy and Plan Preparation Guidelines (City of Palo Alto 2020a), excavation activities that would require excavation within two feet of known groundwater are required to submit a Construction Dewatering Plan to the City’s Public Works Department. The Public Works Department would review and permit the dewatering plan prior to commencement of dewatering as part of the Grading and Excavation Permit process. The Construction Dewatering Plan must ITEM 13
Attachment E 575 Los Trancos Road
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HYDROLOGY AND WATER QUALITY
CITY OF PALO ALTO Page | 61
comply with the City’s Guidelines, which require that water is tested for contaminants prior to initial discharge and at intervals during dewatering. In the dewatering plan, the applicant must include provisions for keeping sediment and contaminated groundwater out of the storm drain system. With adherence to the City’s policies regarding dewatering, contaminated groundwater would not enter the stormwater system.
Although Los Trancos Creek is located within the western border of the site, the proposed project would implement a 20 feet creek setback pursuant to Palo Alto’s Stream Corridor Ordinance (PAMC Section 18.40.140), and implementation of Mitigation Measure BIO-3 would further minimize soil erosion and reduce potential runoff of pollutants into the creek.
Overall, the proposed project would have a less than significant impact on water quality with implementation of Mitigation Measure BIO-3.
MITIGATION MEASURE AND SIGNIFICANCE AFTER MITIGATION
Mitigation Measure BIO-3 would require implementation of avoidance and minimization measures to reduce impacts on and pollutants entering Los Trancos Creek. With mitigation, impacts would be less than significant.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
As discussed in Section 19, Utilities and Service Systems, the proposed project would receive its water from the California Water Service (Cal Water) Bear Gulch District. Cal Water uses a combination of local surface water and surface water purchased from the City and County of San Francisco (SFPUC). Local surface water, approximately 11 percent of Cal Water’s total supply, is derived from their 1,200-acre watershed in the Woodside hills, collected and treated at Cal Water’s reservoir and treatment plant in Atherton. The remaining 89 percent of Cal Water’s total supply is purchased from the SFPUC (Cal Water 2022). Therefore, water supply to the project site would not rely on groundwater supplies. Development under the proposed project would not include installation of new groundwater wells or use of groundwater from existing wells. Temporary dewatering during construction would not substantially affect groundwater levels, and because the maximum depth of excavation would not be near existing groundwater levels, the project would not result in a significant depletion of groundwater supply. Therefore, the proposed project would not result in a net deficit in aquifer volume or a lowering of the groundwater table. Impacts related to groundwater would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
ITEM 13
Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
Item 13:
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62 | Page Initial Study ♦ Mitigated Negative Declaration c1. Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river or through the addition of impervious surfaces in a manner which would result in substantial erosion or siltation on- or off-site?
c2. Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river or through the addition of impervious surfaces in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? c3. Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river or through the addition of impervious surfaces in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? c4. Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river or through the addition of impervious surfaces in a manner which would impede or redirect flows? Los Trancos Creek runs along the western border of the project site. The proposed project would not alter the course of this creek or other stream or river (no other surface water features are identified in the project site) and would implement a 20 feet creek setback pursuant to Palo Alto’s Stream Corridor Ordinance as noted in Section 18.40.140 of the PAMC. Although the proposed project would increase runoff on the site, it would be consistent with PAMC and C.3 stormwater treatment requirements and would include low sloping roofs with built-in perimeter gutters to direct runoff to vegetated areas, as well as pervious driveways throughout the site in order to reduce pollutants and runoff volume.
Therefore, the project would not substantially increase runoff volumes, result in substantial erosion or siltation, result in flooding on- or off-site, or alter the existing drainage pattern of the site or area. Impacts would be less than significant.
L
ESS THAN SIGNIFICANT IMPACT
d. In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation?
The project site is in Flood Zone X, which is defined by the Federal Emergency Management Agency (FEMA) as area of Minimal Flood Hazard/ 0.2 Percent Annual Chance Flood Hazard (Flood Insurance Rate Map 06085C0180H). The site is not in a Special Flood Hazard Area.
According to the State of California Tsunami Inundation Map (DOC 2021b), the site is not located within a tsunami inundation zone. According to the City of Palo Alto’s Natural Environment Element and Safety Element of the 2030 Comprehensive Plan, mudflows and seiches are not identified as issues for the city. In addition, the nearest body of water that could experience a seiche event is the San Francisco Bay, and it is not anticipated that a seiche in the Bay would have potential to affect the project site. Therefore, the project site is located in a low hazard area for tsunami, seiche, and mudflow. No impact would occur.
N
O IMPACT
ITEM 13
Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
Item 13:
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HYDROLOGY AND WATER QUALITY
CITY OF PALO ALTO Page | 63
e. Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
As discussed under Impact (a) above, the project would not violate water quality standards or degrade water quality during construction or operation.
The City of Palo Alto is under the jurisdiction of the San Francisco Bay Regional Water Quality Control Board (RWQCB). The San Francisco Bay RWQCB provides permits for projects that may affect surface waters and groundwater locally and is responsible for preparing the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan). The Basin Plan designates beneficial uses of water in the region and establishes narrative and numerical water quality objectives. The Basin Plan serves as the basis for the San Francisco Bay RWQCB’s regulatory programs and incorporates an implementation plan for achieving water quality objectives (California Water Board 2017). The proposed project would not interfere with the objectives and goals in the Basin Plan. This impact would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
ITEM 13
Attachment E 575 Los Trancos Road
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with Appendices
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64 | Page Initial Study ♦ Mitigated Negative Declaration
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Attachment E 575 Los Trancos Road
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ENVIRONMENTAL CHECKLIST
LAND USE AND PLANNING
CITY OF PALO ALTO Page | 65
11 Land Use and Planning
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project have any of the following impacts:
a. Physically divide an established
community? □ □ ■ □
b. Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
□ □ ■ □
IMPACT ANALYSIS
a. Would the project physically divide an established community? The proposed project would involve construction of a single-family residence on a vacant parcel and would not cut off connected neighborhoods or land uses from each other. No new roads, linear infrastructure or other development features are proposed that would divide an established community or limit movement, travel or social interaction between established land uses. No impact would occur.
N
O IMPACT
b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental
The proposed project’s consistency with the City of Palo Alto 2030 Comprehensive Plan and Zoning Ordinance are discussed below.
CITY OF PALO ALTO 2030 COMPREHENSIVE PLAN
The project site has a Comprehensive Plan land use designation of Open Space/Controlled Development. The Comprehensive Plan defines this category as “Land having all the characteristics of open space but where some development may be allowed on private properties… Residential densities range from 0.1 to 1 dwelling unit per acre but may rise to a maximum of 2 units per acre where second units are allowed, and population densities range from 1 to 4 persons per acre” (City of Palo Alto 2017a). The proposed project involves single-family residential use consistent with the land use designation for this site.
Additionally, the project would have a residential density of approximately 0.2 dwelling units per acre, which would be consistent with the allowed density range for the Open Space/Controlled Development land use designation.
ITEM 13
Attachment E 575 Los Trancos Road
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with Appendices
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66 | Page Initial Study ♦ Mitigated Negative Declaration
CITY OF PALO ALTO ZONING ORDINANCE
The project site is zoned Open Space (OS). The PAMC Section 18.28.010(b) defines the OS district as “intended to protect the public health, safety and welfare, protect and preserve open space land as a limited and valuable resource, and to permit the reasonable use of open space land, while at the same time preserving and protecting its inherent open space characteristics to assure its continued availability for the following: as agricultural land, scenic land, recreation land, conservation or natural resource land; for the containment of urban sprawl and the structuring of urban development; and for the retention of land in its natural or near-natural state, and to protect life and property in the community from the hazards of fire, flood, and seismic activity; and coordinate with and carry out federal, state, regional, county, and city open space plans.”
Pursuant to Section 18.28.040 of the PAMC, single-family dwelling units as well as accessory facilities and uses are permitted in the Open Space district. The project proposes a Floor Area Ratio (FAR) of 4 percent, consistent with PAMC requirements under Section
18.28.050(b)(1). Additionally, the proposed project would incorporate 30 feet setbacks in the front, sides, and rear, as well as a maximum height of 25 feet with a maximum number of two stories, consistent with PAMC Section 18.28.050(a).
Therefore, the proposed project would not conflict with the 2030 Comprehensive Plan or the City of Palo Alto Zoning Ordinance and impacts would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
ITEM 13
Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
Item 13:
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MINERAL RESOURCES
CITY OF PALO ALTO Page | 67
12 Mineral Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
□ □ □ ■
b. Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan, or other land use plan?
□ □ □ ■
SETTING
A small portion of Palo Alto is classified as Mineral Resource Zone-2 (MRZ-2), defined as “adequate information indicated that significant mineral deposits are present or a likelihood of their presence and development should be controlled”. The MRZ-2 is located in the southern portion of the city, adjacent to the San Mateo County/Santa Clara County border north of Foothills Park (0.5 mile east of the project site) (City of Palo Alto 2017b). Pursuant to USGS records, there are no known mineral resources or mines present on the project site and work area (USGS 2022).
IMPACT ANALYSIS
a. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? The project site and work area are not located in an area with known mineral resources or a mineral resource recovery site. Therefore, the project would not result in the loss of a known mineral resource or mineral resource recovery site. No mineral resource activities would be altered or displaced by the proposed project. There would be no impact.
N
O IMPACT
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13 Noise
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project result in:
a. Generation of a substantial temporary or
permanent increase in ambient noise levels
in the project vicinity in excess of standards
established in the local general plan or
noise ordinance, or applicable standards of
other agencies?
□ □ ■ □
b. Generation of excessive groundborne
vibration or groundborne noise levels?
□ □ ■ □
c. For a project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?
□ □ ■ □
SETTING
Noise is unwanted sound that disturbs human activity. Environmental noise levels typically fluctuate over time, and different types of noise descriptors are used to account for this variability. Noise level measurements include intensity, frequency, and duration, as well as time of occurrence. Noise level (or volume) is generally measured in decibels (dB) using the A-weighted sound pressure level (dBA). The A-weighting scale is an adjustment to the actual sound power levels to be consistent with that of human hearing response, which is most sensitive to frequencies around 4,000 Hertz (about the highest note on a piano) and less sensitive to low frequencies (below 100 Hertz).
Because of the logarithmic scale of the decibel unit, sound levels cannot be added or subtracted arithmetically. If the physical intensity of a sound is doubled, the sound level increases by 3 dBA, regardless of the initial sound level. For example, 60 dBA plus 60 dBA equals 63 dBA. Where ambient noise levels are high in comparison to a new noise source, the change in noise level would be less than 3 dBA. For example, when 70 dBA ambient noise levels are combined with a 60 dBA noise source the resulting noise level equals 70.4 dBA.
Noise that is experienced at any receptor can be attenuated by distance or the presence of noise barriers or intervening terrain. Sound from a single source (i.e., a point source) ITEM 13
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70 | Page Initial Study ♦ Mitigated Negative Declaration radiates uniformly outward as it travels away from the source in a spherical pattern. The sound level attenuates (or drops off) at a rate of 6 dBA for each doubling of distance. For acoustically absorptive, or soft, sites (i.e., sites with an absorptive ground surface, such as soft dirt, grass, or scattered bushes and trees), ground attenuation of about 1.5 dBA per doubling of distance normally occurs. A large object or barrier in the path between a noise source and a receiver can substantially attenuate noise levels at the receiver. The amount of attenuation provided by this shielding depends on the size of the object, proximity to the noise source and receiver, surface weight, solidity, and the frequency content of the noise source. Natural terrain features (such as hills and dense woods) and human-made features (such as buildings and walls) can substantially reduce noise levels. Walls are often constructed between a source and a receiver specifically to reduce noise. A barrier that breaks the line of sight between a source and a receiver will typically result in at least 5 dBA of noise reduction.
Vibration is a unique form of noise because its energy is carried through buildings, structures, and the ground, whereas noise is simply carried through the air. Thus, vibration is generally felt rather than heard. Some vibration effects can be caused by noise; e.g., the rattling of windows from passing trucks. This phenomenon is caused by the coupling of the acoustic energy at frequencies that are close to the resonant frequency of the material being vibrated. Typically, groundborne vibration generated by manmade activities attenuates rapidly as distance from the source of the vibration increases. The ground motion caused by vibration is measured as particle velocity in inches per second and is referenced as vibration decibels (VdB) in the U.S.
The vibration velocity level threshold of perception for humans is approximately 65 VdB. A vibration velocity of 75 VdB is the approximate dividing line between barely perceptible and distinctly perceptible levels for many people. Most perceptible indoor vibration is caused by sources within buildings such as operation of mechanical equipment, movement of people, or the slamming of doors. Typical outdoor sources of perceptible groundborne vibration are construction equipment, steel wheeled trains, and traffic on rough roads.
CITY OF PALO ALTO NOISE STANDARDS
The City’s Comprehensive Plan Natural Environment Element includes goals and policies related to noise. This element establishes land use compatibility categories for community noise exposure (see Table 2). For residential uses, noise levels up to 60 dBA Ldn are identified as normally acceptable and noise levels between 60 and 75 dBA Ldn are identified as conditionally acceptable.
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Table 2 Palo Alto Land Use Compatibility for Community Noise Environments Exterior Noise Exposure Ldn or CNEL or dB
Land Use Category
Normally
Acceptable
Conditionally
Acceptable Unacceptable
Residential, Hotel and Motels 50-60 60-75 75+
Outdoor Sports and Recreation, Neighborhood Parks and
Playgrounds
50-65 65-80 80+
Schools, Libraries, Museums, Hospitals, Personal Care,
Meeting Halls, Churches
50-60 60-75 75+
Office Buildings, Business Commercial, and Professional 50-70 70-80 80+ Auditoriums, Concert Halls, and Amphitheaters N/A 50-75 75+ Industrial, Manufacturing, Utilities, and Agriculture 50-70 75+ N/A Source: City of Palo Alto 2017a
The PAMC regulates noise primarily through the Noise Ordinance, which comprises Chapter
9.10 of the Code, under Title 9, Public Peace, Morals and Safety. The Municipal Code contains additional specific and general provisions relating to noise.
The Noise Ordinance also regulates noise associated with construction activities. Section
9.10.060 of the PAMC restricts construction activities to the hours of 8 AM to 6 PM Monday through Friday and 9 AM to 6 PM on Saturday. Construction is prohibited on Sundays and holidays. Construction, demolition or repair activities during construction hours must meet the following standards:
No individual piece of equipment shall produce a noise level exceeding 110 dBA at a distance of 25 feet. If the device is housed within a structure on the property, the measurement shall be made out-side the structure at a distance as close to 25 feet from the equipment as possible.
The noise level at any point outside of the property plane of the project shall not exceed 110 dBA.
The holder of a valid construction permit for a construction project in a non-residential zone shall post a sign at all entrances to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their employees, agents, materialmen and all other persons at the construction site, of the basic requirements of this chapter.
PROJECT SITE NOISE ENVIRONMENT
Palo Alto’s noise environment is dominated by transportation-related noise, including car and truck traffic and trains. The project site is located in a non-urbanized area and away from noise generating sources such as highways and major roadways. The closest highway to the site is Interstate 280 (I-280), approximately 2.3 miles northeast of the project site.
Residential, educational, and medical uses are more sensitive to noise than are commercial and industrial activities. Noise sensitive uses (“sensitive receptors”) are defined as those ITEM 13
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72 | Page Initial Study ♦ Mitigated Negative Declaration facilities including, but not limited to, areas containing residences, schools, hospitals, rest homes, long-term medical or mental care facilities, or any other land use areas deemed noise sensitive by the local jurisdiction. The nearest sensitive receptors to the geometrical center of the proposed structure are a single-family residence located immediately adjacent to the north (approximately 230 feet), as well as a single-family residence approximately 250 feet west of the site.
IMPACT ANALYSIS
a. Would the project generate a substantial temporary or permanent increase in ambient noise levels in the project vicinity in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
CONSTRUCTION NOISE
As discussed above, PAMC Section 9.10.060 regulates temporary construction noise.
Construction of the project would generate temporary noise that would be audible at the single-family residence adjacent to the north of project site. Noise associated with construction is a function of the type of construction equipment, the location and sensitivity of nearby land uses, and the timing and duration of the construction activities. Based on construction details provided by the applicant, it is estimated that the construction period would involve approximately 30 days for site preparation, 30 days for grading, 270 days for building construction, 30 days for paving, and 30 days for architectural coating. While all phases of construction would generate noise, the building construction phase would represent the longest period of noise-generating activity. According to applicant provided information, pile drivers would not be used in building construction.
Construction noise was estimated using the Federal Highway Administration’s Roadway Construction Noise Model (RCNM) (Appendix D). Noise was modeled based on the list of anticipated equipment list for each phase of construction and the distances to nearby receptors. For a conservative approach, it was assumed that all construction equipment per phase would be operating simultaneously and would combine as a collective noise source.
Table 3 shows the results of construction noise modeling from the center of activities for the project at distances of 230 feet and 250 feet from the closest property lines at the single-family residences north and west of the site.
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Table 3 Calculated Construction Noise Levels for Each Phase of Construction Construction Phase Equipment
Estimated Noise at 230 feet
(dBA Leq/dBA Lmax)
Estimated Noise at 250 feet
(dBA Leq/dBA Lmax)
Site preparation Backhoe, compactor, crawler tractor,
dozer, dumper/tender, excavator,
grader, front-end loader, skid steer
loader, sweeper/scrubber
74.6/71.7 73.8/71.0
Grading Backhoe, compactor, dozer, excavator,
grader, front-end loader, skid steer
loader, sweeper/scrubber
73.6/71.7 72.9/71.0
Building construction Aerial lift, cement and mortar mixer, concrete/industrial saw, compactor,
compressor, crane, dumper/tender,
forklift, generator, pressure washer,
pump, rough terrain forklift, skid steer
loader, sweeper/scrubber, welder
74.5/76.3 73.8/75.6
Paving Backhoe, concrete/industrial saw,
compactor, crawler tractor, grader,
front-end loader, paver, paving
equipment, roller, sweeper/scrubber
75.6/76.3 74.5/75.6
Architectural coating Air compressor 60.4/64.4 59.7/63.7 See Appendix D for calculations.
As shown in Table 3, at the center of the project buildings nearest the property line of the single-family residence north of the site, maximum noise levels generated by project construction equipment are calculated to range from 64.4 to 76.3 dBA Lmax and 60.4 to 75.6 dBA Leq, while the maximum noise levels from the center of project buildings nearest the property line of the single-family residence west of the site are calculated to range from
63.7 to 75.6 dBA Lmax and 59.7 to 74.5 dBA Leq. Construction noise levels would therefore be below the City’s adopted standard of 110 dBA at any point outside the property line during allowable construction hours (PAMC Section 9.10.060). Impacts related to construction noise would be less than significant.
OPERATIONAL NOISE
Operation of the proposed residence would not substantially increase existing ambient noise levels. The primary sources of noise that would be associated with the project are vehicle trips to and from the residence, stationary noise sources, periodic landscaping (e.g., lawn mower), talking and music. Development of the proposed project would increase the number of vehicle trips to and from the site, which would incrementally increase traffic noise on area roadways. However, the proposed project would be a single-family residence and would not generate substantial trips. In addition, other operational noise sources such as ground level HVAC equipment, landscaping equipment, talking, and music would be comparable to noise from surrounding residences and consistent with existing ambient noise levels. The proposed project would include a vehicle turnaround area in between the ITEM 13
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Therefore, the project would not substantially increase ambient noise levels and noise generated during operation would be comparable to nearby single-family residential uses.
Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Construction of the project over an anticipated 14-month period would intermittently generate vibration on and adjacent to the project site. Vibration-generating equipment would include excavators, front-end loaders, and dozers for site preparation and grading, and vibratory rollers for paving. It is assumed that pile drivers, which generate strong groundborne vibration, would not be used during construction. The closest noise sensitive receptors from property line to property line are a single-family residence adjacent to the north (35 feet) and single-family residence approximately 50 feet to the west. Table 4 identifies vibration velocity levels at distances of 35 and 50 feet from the source.
Table 4 Vibration Levels for Construction Equipment at Noise-Sensitive Receptors Equipment
Estimated VdB at Nearest Sensitive Receptors
35 feet 50 feet
Vibratory roller 94 87
Large bulldozer 84 80
Loaded trucks 80 76
Small bulldozer 55 51
Source: Caltrans 2013; See calculations in Appendix D
Based on Table 4, noise-sensitive receptors would experience the strongest vibration of up to 94 VdB during paving with vibratory rollers and up to 84 VdB during the use of large bulldozers during site preparation and grading. Compliance with Section 9.10.060 of the PAMC would restrict vibration-generating construction activity to daytime hours that are outside of normal sleeping hours, i.e., 8 AM to 6 PM Monday through Friday and 9 AM to 6 PM on Saturday. While vibration from construction activity could be perceptible at adjacent residences during daytime hours, this timing restriction would ensure that vibration does not exceed the FTA’s criterion of 72 VdB during normal sleeping hours at residential uses.
Vibration levels also would not exceed 95 VdB at any fragile historic buildings and therefore would not damage such buildings. The project would have a less than significant impact from groundborne vibration.
L
ESS THAN SIGNIFICANT IMPACT
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c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The Palo Alto Airport (PAO)’s land use plan does not include the project site and is located over 7 miles away. Furthermore, there is no private airstrip in the vicinity of the project site.
Thus, future residents would not be exposed to excessive noise levels associated with air traffic.
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ESS THAN SIGNIFICANT IMPACT
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14 Population and Housing
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Induce substantial unplanned population
growth in an area, either directly (e.g., by
proposing new homes and businesses) or
indirectly (e.g., through extension of roads
or other infrastructure)?
□ □ ■ □
b. Displace substantial amounts of existing
housing, necessitating the construction of
replacement housing elsewhere?
□ □ □ ■
IMPACT ANALYSIS
a. Would the project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
The current population of Palo Alto is estimated at 67,657 with a per-person household rate of 2.45 (Department of Finance [DOF] 2021). ABAG estimates that the population will increase to 86,510 by 2040 while the per-person household rate will increase to 2.48 (ABAG 2017). The City also currently has 29,406 housing units (DOF 2021). ABAG projections estimate that the number of housing units will increase to 32,940 by 2040.
The project would include development of one single-family residence and an associated accessory structure and would therefore directly generate population growth. The estimated average persons per household in Palo Alto is 2.45 (DOF 2021). Based on that rate, assuming an estimated 2 to 3 people in the main residence and 1 to 2 people in the ADU, the proposed project would add an estimated 3 to 5 new residents. This incremental increase would be within the population forecast for the City. The proposed project would therefore not substantially induce population growth through the provision of new housing units and would result in less than significant impacts.
L
ESS THAN SIGNIFICANT IMPACT
b. Would the project displace substantial amounts of existing housing, necessitating the construction of replacement housing elsewhere?
There are no existing housing units at the project site or people residing on the project site in a form of temporary housing. Therefore, the project would not displace existing housing units or people. No impacts would occur.
N
O IMPACT
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15 Public Services
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project result in any of the following impacts:
a. Result in an adverse physical impact from
the construction of additional school
facilities in order to maintain acceptable
performance standards?
□ □ ■ □
b. Result in an adverse physical impact from
the construction of additional fire
protection facilities in order to maintain
acceptable performance standards?
□ □ ■ □
c. Result in an adverse physical impact from
the construction of additional police
protection facilities in order to maintain
acceptable performance standards?
□ □ ■ □
d. Result in an adverse physical impact from
the construction of additional parks and
recreation facilities in order to maintain
acceptable performance standards?
□ □ ■ □
e. Result in an adverse physical impact from
the construction of additional library
facilities in order to maintain acceptable
performance standards?
□ □ ■ □
IMPACT ANALYSIS
a. Would the project result in an adverse physical impact from the construction of additional school facilities in order to maintain acceptable performance standards? Historically, the demand for school facilities has increased nearly proportionally to the amount of new housing that is built in the Palo Alto Unified School District (PAUSD) service area (City of Palo Alto 2017d). The proposed project would involve the construction one single family residence. Assuming the proposed residence would involve 1 or 2 school-aged children, this would not substantially increase enrollment at area schools. In addition, consistent with state law (Section 65995(h) of the California Government Code, Senate Bill 50, chaptered August 27, 1998), new development would be required to pay school impact fees. Payment of developer impact fees pursuant to state law would ensure that adequate school facilities are provided to accommodate future growth. Impacts would be less than significant.
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LESS THAN SIGNIFICANT IMPACT
b. Would the project result in an adverse physical impact from the construction of additional fire protection facilities in order to maintain acceptable performance standards?
The City of Palo Alto Fire Department (PAFD) provides fire protection, fire suppression, paramedic ambulance service, search and rescue, fire prevention inspections/permits, public fire education programs, emergency preparedness planning, and other services based on community needs. The closest fire department is Station 2 (Mayfield) at 2675 Hanover Street, located approximately 4.5 miles northeast of the project site. The site is within the existing service area of the PAFD and on-site construction would be required to comply with applicable Fire Code requirements. The project involves one single-family residence and would not create excessive demand for emergency services or introduce development to areas outside of normal service range that would necessitate new fire protection facilities. With the continued implementation of existing practices of the City, including compliance with the California Fire Code, the proposed project would not significantly affect community fire protection services and would not result in the need for construction of fire protection facilities.
LESS THAN SIGNIFICANT IMPACT
c. Would the project result in an adverse physical impact from the construction of additional police protection facilities in order to maintain acceptable performance standards?
The Palo Alto Police Department (PAPD) provides police protection for the project vicinity.
The closest police station is located at 275 Forest Avenue, approximately 5.8 miles northeast of the project site. The project site is within the PAPD’s service area and is currently serviced by the PAPD. The project involves one single-family residence which would not create excessive demand for police services or introduce development to areas outside of normal service range that would necessitate new police protection facilities. The proposed project would not create the need for new or expanded police protection facilities and impacts would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
d. Would the project result in an adverse physical impact from the construction of additional parks and recreation facilities in order to maintain acceptable performance standards?
Refer to Section 15, Recreation.
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ESS THAN SIGNIFICANT IMPACT
e. Would the project result in an adverse physical impact from the construction of additional library facilities in order to maintain acceptable performance standards? The Palo Alto City Library (PACL) provides library services. The proposed project involves one single-family residence which would incrementally increase population growth in the ITEM 13
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City. Overall, the project would not substantially impact the capacity of existing library facilities such that the construction of new facilities would be required.
LESS THAN SIGNIFICANT IMPACT
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16 Recreation
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
a. Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
□ □ □ ■
b. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
□ □ □ ■
IMPACT ANALYSIS
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
The City of Palo Alto maintains 174 acres of urban parks distributed throughout the City as well as 43.2 miles of trail and over 4,000 acres in natural open space preserves. The four natural open space preserves are: Baylands Nature Preserve (which includes Byxbee Park), Esther Clark Preserve, Foothills Park, and Pearson-Arastradero Preserve (City of Palo Alto 2017c). The project site is within a mile radius of the Pearson-Arastradero Preserve, and approximately 1.6 miles west of Foothills Park. The proposed project would not involve the construction or expansion of recreational or park facilities. Further, the proposed single- family residence would not generate substantial population growth such that the construction of new park or recreational facilities would be required. No impact would occur.
N
O IMPACT
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17 Transportation
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Conflict with an applicable plan, ordinance
or policy addressing the circulation system,
taking into account all modes of
transportation, including transit, bicycle,
and pedestrian facilities?
□ □ □ ■
b. Conflict with or be inconsistent with CEQA
Guidelines Section 15064.3, subdivision (b)?
□ □ ■ □
c. Substantially increase hazards due to a
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
□ □ ■ □
d. Result in inadequate emergency access? □ □ ■ □
IMPACT ANALYSIS
a. Conflict with an applicable plan, ordinance or policy addressing the circulation system, taking into account all modes of transportation, including transit, bicycle, and pedestrian facilities?
The project involves construction of a single-family residence served by an existing road.
The proposed project would not affect adopted policies, plans and programs in support of alternative transportation. The project would have no impact on adopted policies, plans, and ordinances addressing the circulation system.
NO IMPACT
b. Conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? Pursuant to the Office of Planning and Research’s (OPR) vehicles miles traveled (VMT) Technical Advisory document, small projects that generate or attract fewer than 110 trips per day or residential projects of 20 units or less would be presumed to have a less than significant impact on VMT (City of Palo Alto 2020b). Since the proposed project would involve construction of one single-family residence with an associated accessory structure, the project would not significantly increase VMT.
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ESS THAN SIGNIFICANT IMPACT
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86 | Page Initial Study ♦ Mitigated Negative Declaration c. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Construction of the proposed project would occur in a low-density area in Palo Alto where it would take access via an appropriately-sized driveway from an existing road, and would not include hazardous design features or incompatible uses. The proposed project would not require temporary lane detours or closures that would affect traffic patterns or capacity.
Therefore, impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
d. Result in inadequate emergency access?
As discussed in Section 9, Hazards and Hazardous Materials, the proposed project would not involve the development of structures that could potentially impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No streets would be closed, rerouted or substantially altered. The project would involve the construction of new entryways to the project site, which would be required to be reviewed and approved by the Palo Alto Fire Department to ensure safety emergency access is provided.
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ESS THAN SIGNIFICANT IMPACT
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18 Tribal Cultural Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in a Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a. Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code section 5020.1(k), or
□ ■ □ □
b. A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be
significant pursuant to criteria set forth
in subdivision (c) of Public Resources
Code Section 2024.1. In applying the
criteria set forth in subdivision (c) of
Public Resources Code Section 5024.1,
the lead agency shall consider the
significance of the resource to a
California Native American tribe.
□ ■ □ □
SETTING
As of July 1, 2015, California Assembly Bill 52 of 2014 (AB 52) was enacted and expands CEQA by defining a new resource category, “tribal cultural resources.” AB 52 establishes that “A project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment” (PRC Section 21084.2). It further states that the lead agency shall establish measures to avoid impacts that would alter the significant characteristics of a tribal cultural resource, when feasible (PRC Section 21084.3).
PRC Section 21074 (a)(1)(A) and (B) defines tribal cultural resources as “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe” and is:
1. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or
2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources ITEM 13
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AB 52 also establishes a formal consultation process for California tribes regarding those resources. The consultation process must be completed before a CEQA document can be certified. Under AB 52, lead agencies are required to “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project.” Native American tribes to be included in the process are those that have requested notice of projects proposed within the jurisdiction of the lead agency.
In May 2016, the City of Palo received a single request from a tribe to be contacted in accordance AB 52. However, through subsequent correspondence with the tribe, it was concluded that the tribe had contacted the City of Palo Alto in error and did not wish to be contacted regarding future projects within the City’s jurisdiction. The tribe, the Torres Martinez Desert Cahuilla Indians, is not traditionally or culturally affiliated with the geographic area within the City of Palo Alto. Because no other tribes have requested to be contacted, no notices in accordance with AB 52 were sent and no further action is required.
As discussed in the Cultural Resources Section, a SLF search of the project area was also negative.
IMPACT ANALYSIS
a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074 that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? b. Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074 that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 2024.1?
Although no tribal cultural resources are expected to be present within the project site, there is the possibility of encountering undisturbed subsurface tribal cultural resources during construction activities which could potentially result in significant impacts on unanticipated tribal cultural resources. Therefore, Mitigation Measures CR-1 throughCR-3 would be required to reduce impacts on unidentified tribal cultural resources to a less than significant level.
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TRIBAL CULTURAL RESOURCES
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MITIGATION MEASURES AND SIGNIFICANCE AFTER MITIGATION
Implementation of Mitigation Measure CR-1 would require a WEAP for all construction personnel to inform them of the appropriate procedures required in the event of a discovery. Implementation of Mitigation Measure CR-2 would ensure that locally affiliated Native American tribes be given the opportunity to conduct Native American Monitoring. Implementation of Mitigation Measure CR-3 would require that tribal cultural resources are identified properly and appropriately treated in the unanticipated event they are uncovered during construction. Implementation of these mitigation measures would reduce impacts related to disruption of tribal cultural resources to a less than significant level.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
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19 Utilities and Service Systems
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment, stormwater
drainage, electrical power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
□ □ ■ □
b. Have sufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry, and
multiple dry years?
□ □ ■ □
c. Result in a determination by the wastewater
treatment provider that it has inadequate
capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
□ □ ■ □
d. Generate solid waste in excess of state or
local standards, or in excess of the capacity
of local infrastructure, or otherwise impair
the attainment of solid waste reduction
goals?
□ □ ■ □
e. Comply with federal, state, and local
statutes and regulations related to solid
waste?
□ □ ■ □
IMPACT ANALYSIS
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment, stormwater drainage, electrical power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
c. Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has inadequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? ITEM 13
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92 | Page Initial Study ♦ Mitigated Negative Declaration WATER
Water to the project site would be supplied by Cal Water’s Bear Gulch District pursuant to Cal Water’s will serve letter dated August 19, 2021 (Appendix E). This is discussed in further detail under Impact (b) below.
WASTEWATER
Wastewater services would be provided by the West Bay Sanitary District pursuant to the District’s will serve letter dated August 17, 2021 (Appendix E). The West Bay Sanitary District conveys wastewater via the Menlo Park Pump Station and force main, to Silicon Valley Clean Water (SVCW) for treatment and eventually discharge to the San Francisco Bay (West Bay Sanitary District 2022). The SVCW regional wastewater treatment plant has an average dry weather flow permitted capacity of 29 million gallons per day (SVCW 2020).
Assuming the proposed project would generate approximately 280 gallons of wastewater per day (City of Los Angeles 2006), the proposed project would generate an estimated 280 gallons of wastewater per day. The increase in wastewater generation associated with the project would be less than 0.000001
2 percent of the permitted capacity of the SVCW
regional wastewater treatment plant. Therefore, there would be sufficient wastewater capacity to serve the project site. The proposed project would not exceed wastewater treatment requirements or require or result in the construction of new wastewater treatment facilities or expansion of existing facilities. The proposed project would not result in a substantial physical deterioration of public wastewater facilities. Impacts would be less than significant.
STORMWATER
As discussed under Impact (a) in Section 10, Hydrology and Water Quality, pursuant to and in accordance with PAMC and C.3 requirements, the proposed project would be designed to direct runoff from roofs into vegetated areas to treat surface runoff before entering the stormwater system. In addition, the project would also implement rainwater catchment systems as well as utilize recycled water for landscape irrigation. The project would not require or result in the construction of new stormwater facilities or the expansion of existing facilities. Impacts would be less than significant.
ELECTRICITY
The City of Palo Alto Utilities (CPAU) receives electricity at a single connection point with Pacific Gas and Electric’s (PG&E’s) transmission system. From there the electricity is delivered to customers through nearly 470 miles of distribution lines, of which 223 miles (48 percent) are overhead lines and 245 miles (52 percent) are underground. The City also maintains six substations, roughly 2,000 overhead line transformers, 1,075 underground and substation transformers, and the associated electric services (which connect the distribution lines to the customers’ homes and businesses) (City of Palo Alto 2017a). The proposed project would continue to be served by CPAU and would not require or result in
2 280 gallons per day divided by 29 million gallons per day (permitted capacity) = less than 0.000001 percent ITEM 13
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the construction of new utilities or the expansion of existing facilities. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? Development of the residential project would increase demand for potable water. Assuming that water use is approximately 120 percent of wastewater generation (280 gallons per day), the proposed project would demand approximately 336 gallons of water per day, or
0.001 acre-feet per day. According to the Cal Water Bear Gulch District 2020 Urban Water Management Plan (UWMP), sufficient water supplies would be available to serve the project from existing entitlements and resources. No new or expanded entitlements would be needed to serve the proposed project. The project would not result in a substantial physical deterioration of public water facilities or result in adverse physical impacts from new or expanded utility facilities due to increased use as a result of the project. Impacts would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
d. Would the project generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e. Would the project comply with federal, state, and local statutes and regulations related to solid waste?
The City is currently contracted with GreenWaste of Palo Alto for collection of garbage, recycling and composting services and partners with the cities of Mountain View and Sunnyvale on the Sunnyvale Materials Recovery and Transfer Station (SMaRT Station). The SMaRT Station processes mixed garbage from Palo Alto and recovers recyclable and compostable materials that would have otherwise gone to landfill. The City is also contracted with Waste Management Inc. to use the Kirby Canyon Landfill for waste disposal (City of Palo Alto 2018). The Kirby Canyon Landfill has a remaining capacity of 16,191,600 tons (CalRecycle 2019) and the daily permitted capacity is 2,600 tons per day (Waste Management 2022).
Using the CalRecycle waste generation rate of 12.23 per pound per household per day (CalRecycle 2018), the project would generate approximately 12.23 pounds, or 0.006 tons, of solid waste per day. The incremental increase in solid waste associated with the project would be within the permitted capacities of Kirby Canyon Landfill. Therefore, the project would be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs. The proposed project would not result in a substantial physical deterioration of public solid waste facilities. Impacts would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
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20 Wildfire
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
If located in or near a state responsibility area or land classified as very high fire hazard severity zones, would the project result in any of the following impacts:
a. S ubstantially impact an adopted
emergency response plan or emergency
evacuation plan?
□ □ ■ □
b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to,
pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
□ □ ■ □
c. Require the installation or maintenance of
associated infrastructure (such as roads,
fuel breaks, emergency water sources,
power lines, or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment?
□ □ ■ □
d. Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result or
runoff, post-fire slope instability, or
drainage changes?
□ □ ■ □
IMPACT ANALYSIS
a. Would the project substantially impact an adopted emergency response plan or emergency evacuation plan?
According to the Cal Fire Hazard Severity Zone map (Cal Fire 2022), the project site is not located in a Local Responsibility Area (LRA) or State Responsibility Area (SRA) Very High Fire Hazard Severity Zone (VHFHSZ). The project would not obstruct existing roadways or require the construction of new roadways or access points, and project plans include a detailed fire truck turning exhibit showing fire truck access to and within the site and reflecting radius requirements from the PAFD. Therefore, the proposed building would not block emergency response or evacuation routes or interfere with adopted emergency response and emergency evacuation plans. Impacts would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
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96 | Page Initial Study ♦ Mitigated Negative Declaration b. Due to slope, prevailing winds, and other factors, would the project exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
As mentioned in Impact (a) above, the project site is not located in a LRA or SRA VHFHSZ.
The nearest Very High Fire Hazard Severity Zone (VHFHSZ) is located approximately 1 mile northwest of the project site near Portola Valley (Cal Fire 2022). The project would be required to comply with the following 2030 Comprehensive Plan policy listed below which would require fire protection design in new development and ensure adequate emergency access for the PAFD (City of Palo Alto 2017a).
Policy S-2.14 Require that the planning and design of development in areas exposed to wildland fire hazards minimize the risks of wildfire and include adequate provisions for vegetation management, emergency access and firefighting.
The project would comply with Policy S-2.14 by requiring fire sprinkler protection in all structures and installing a National Fire Protection Association (NFPA) 13-D fire sprinkler system
3 throughout the house, including closets and bathrooms. The project would also comply with wildland urban interface (WUI) requirements pursuant to the 2019 California Residential Code and Chapter 15 of the PAMC which include requirements for vegetation management; roofing; vents; exterior walls; eaves; exterior porch ceilings, floor projections, underfloor protection, underside of appendages; windows, skylights and doors; garages; decking; and accessory structures (City of Palo Alto 2019). The project site is also in proximity to three fire hydrants, one approximately 750 feet north of the proposed driveway, one approximately 420 feet east of the driveway, and one approximately 990 feet south of the driveway. Therefore, the project would not exacerbate wildfire risks and expose project occupants to pollutant concentrations from a wildfire. Impacts would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
c. Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
The project site is not located in a LRA or SRA VHFHSZ. Although the project would involve the construction of a driveway that would extend from Los Trancos Road (entry) to the proposed single-family residence, the driveway would provide emergency access in the case of a fire, and would not exacerbate wildfire risk. Additionally, the project would not involve the construction of new utility infrastructure or power lines that would worsen wildfire risk.
Roads, maintained landscaping, and fire-resistant building materials would help prevent the spread of uncontrolled wildfire. Therefore, wildfire impacts from associated project infrastructure would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
3 The NFPA 13-D sprinkler system is a residential sprinkler design standard focused on low-rise residential occupancies to ensure life safety and property protection (NFPA 2022).
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d. Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result or runoff, post-fire slope instability, or drainage changes?
The project site is not located in a landslide hazard zone. Therefore, the project would not substantially expose people or structures to flooding or landslides as a result of runoff, post- fire slope instability, or drainage changes, and would not exacerbate existing hazards.
Furthermore, as mentioned in Section 10, Hydrology and Water Quality, the project would include low sloping roofs with built-in perimeter gutters to direct runoff to vegetated areas, as well as pervious driveways throughout the site which would ensure that runoff does not exceed the existing capacity of stormwater drainage systems which would reduce the potential of flooding. Impacts would be less than significant.
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ESS THAN SIGNIFICANT IMPACT
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21 Mandatory Findings of Significance
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Have the potential to substantially reduce
the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self- sustaining levels, eliminate a
plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
□ ■ □ □
b. Have impacts that are individually limited,
but cumulatively considerable?
(“Cumulatively considerable” means that
the incremental effects of a project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the
effects of probable future projects)?
□ □ ■ □
c. Have environmental effects which will
cause substantial adverse effects on
human beings, either directly or indirectly?
□ ■ □ □
IMPACT ANALYSIS
a. Would the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
As noted under Section 4, Biological Resources, implementation of the proposed project may have potentially significant impacts on biological resources since special-status species have the potential to be present on the project site. Mitigation measures BIO-1 through BIO-7 would reduce impacts to special-status plant and animal species and riparian habitats to a less than significant level. Protected trees under PAMC Chapter 8.10 were also surveyed on or adjacent to the project site. However, only one dead coastal live oak tree would be removed as part of the project. Mitigation Measure BIO-8 would still be required ITEM 13
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100 | Page Initial Study ♦ Mitigated Negative Declaration to reduce impacts on retained trees to a less than significant level. As discussed under Section 5, Cultural Resources, and Section 18, Tribal Cultural Resources, the project would not eliminate important examples of the major periods of California history or prehistory with adherence to Mitigation measures CR-1, CR-2, and CR-3, which would reduce potential impact to unknown resources to less than significant. Overall, impacts would be less than significant with mitigation.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
b. Would the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? There are currently no pending and approved developmental projects in the immediate vicinity of the project that would contribute to the cumulative impact setting (City of Palo Alto 2022b).
Cumulative impacts are addressed in the individual topical sections above: Air Quality, Greenhouse Gas Emissions, Transportation, and Utilities and Service Systems (see CEQA Guidelines Section 15064(h)(3). Some of the other resource areas were determined to have no impact in comparison to existing conditions and therefore would not contribute to cumulative impacts, such as those related to mineral resources and agricultural resources.
As such, cumulative impacts in these issue areas would also be less than significant (not cumulatively considerable). With mitigation, the proposed project would not result in a significant cumulative impact with respect to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources. Therefore, overall cumulative impacts would be less than significant with required mitigation.
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ESS THAN SIGNIFICANT IMPACT
c. Would the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? In general, impacts to human beings are associated with air quality, geology and soils, hazards and hazardous materials, noise, and wildfire impacts. As detailed in the preceding responses, the project would not result, either directly or indirectly, in substantial adverse impacts related to these issue areas. The project’s effects on air quality would be less than significant with implementation of Mitigation Measure AQ-1; and the project’s effects on geology and soils would be less than significant with Mitigation Measures GEO-1 and GEO-2.
Therefore, impacts would be less than significant with mitigation incorporated.
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ESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
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REFERENCES
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REFERENCES
BIBLIOGRAPHY
Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC). 2019. MTC/ABAG Hazard Viewer Map.
https://mtc.maps.arcgis.com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29b35 dfcd086fc8
California Department of Conservation (DOC). 2002. California Geomorphic Provinces. https://www.conservation.ca.gov/cgs/Documents/Publications/CGS-Notes/CGS-Note-
36.pdf
______. 2021a. Earthquake Zones of Required Investigation Map. https://maps.conservation.ca.gov/cgs/EQZApp/app/
______. 2021b. Santa Clara County Tsunami Hazard Areas. https://www.conservation.ca.gov/cgs/tsunami/maps/santa-clara California Department of Forestry and Fire Protection (CAL FIRE). 2022. Fire Hazard Severity Zone viewer. https://egis.fire.ca.gov/FHSZ/ (accessed April 2022) CalRecycle. 2018. Waste Generation Rates.
https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates ______. 2019. SWIS Facility/Site Activity Details Kirby Canyon Recycling & Disposal Facility. https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1370?siteID=3393 California State Water Resources Control Board. 2022. GeoTracker. https://geotracker.waterboards.ca.gov/map/
Caltrans. 2019. California State Scenic Highway System Map. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e 8057116f1aacaa
California Water Boards San Francisco Bay. 2017. Chapter 3: Water Quality Objectives. https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/planningtmdls/b asinplan/web/bp_ch3.html
California Water Service (Cal Water). 2022. Bear Gulch District Information. https://www.calwater.com/district-information/?dist=bg
Department of Toxic Substances Control (DTSC). 2022a. EnviroStor. https://www.envirostor.dtsc.ca.gov/public/map/
______. 2022b. Cortese List.
https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site _type=CSITES,FUDS&status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBST ANCES+SITE+LIST+%28CORTESE%29
Foster, Elaine, and Heather Blind. 2022. 575 Los Trancos Road Residential Project Cultural Resources Assessment, Palo Alto, Santa Clara County, California. Rincon Consultants Project No. 21- 12195. Report on file at the Northwest Information Center, Sonoma State University, California
Los Angeles, City of. City of Los Angeles CEQA Threshold Guidelines. https://planning.lacity.org/eir/CrossroadsHwd/deir/files/references/A07.pdf ITEM 13
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102 | Page Initial Study ♦ Mitigated Negative Declaration National Fire Protection Association (NFPA). 2022. Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies. https://www.nfpa.org/codes-and-standards/all-codes- and-standards/list-of-codes-and-standards/detail?code=13R Office of Emergency Services. 2017. Santa Clara County Operational Area Hazard Mitigation Plan. https://emergencymanagement.sccgov.org/sites/g/files/exjcpb261/files/For%20Partners/Lo cal-Hazard-Mitigation-Plan-LHMP-Vol-1.pdf
Palo Alto, City of. 2005. Palo Alto Single-Family Individual Review Guidelines. https://www.cityofpaloalto.org/files/assets/public/planning-amp-development- services/file-migration/current-planning/forms-and-guidelines/individual-review- guidelines.pdf
______. 2017a. 2030 Comprehensive Plan.
https://www.cityofpaloalto.org/files/assets/public/planning-amp-development-services/3.- comprehensive-plan/comprehensive-plan/full-comp-plan-2030_with-june21- amendments.pdf
______. 2017b. Comprehensive Plan Update Supplement to the Draft EIR SCH #2014052101. https://www.cityofpaloalto.org/files/assets/public/planning-amp-development-services/3.- comprehensive-plan/comprehensive-plan/paloalto_compplanupdate_suppeir_feb2017.pdf ______. 2017c. Parks, Trails, Natural Open Space and Recreation Master Plan. https://www.cityofpaloalto.org/files/assets/public/community-services/parks-and-open- space/palo-alto-parks-master-plan.pdf
______. 2019. Inspection Guidelines: Wildland Urban Interface. https://www.cityofpaloalto.org/files/assets/public/development-services/building- division/residential-guidelines/inspections/wildland-urban-interface_2019-01-09.pdf ______. 2020a. Regulations for Groundwater Dewatering during Construction of Below Ground Structures. https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/regulations-for-groundwater-dewatering-during- construction-of-below-ground-structures-2021.pdf
______. 2020b. Update to the City's Transportation Analysis Methodology to Comply With Senate Bill 743, Including Use of Vehicle Miles Traveled (VMT) for CEQA Review and Level of Service (LOS) Standard for Local Transportation Analysis.
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city- manager-reports-cmrs/year-archive/2020/id-11333-senate-bill-743.pdf?t=52295.02 ______. 2022a. Single-Family Individual Review (IR) Guidelines’ Key Points Checklist. https://www.cityofpaloalto.org/files/assets/public/development-services/planning- review/1.-single-family-and-duplexes/ir-guideline-checklist-for-applicants.pdf ______. 2022b. Palo Alto Building Eye. https://paloalto.buildingeye.com/planning Santa Clara County Airport Land Use Commission. 2016. Palo Alto Airport. https://plandev.sccgov.org/sites/g/files/exjcpb941/files/ALUC_PAO_CLUP.pdf Santa Clara, County of. 2016. Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook.
https://cleanwater.sccgov.org/sites/g/files/exjcpb461/files/SCVURPPP_C.pdf Silicon Valley Clean Water (SVCW). 2020. 2020-21 Operating Budget. https://svcw.org/wp- content/uploads/2020/11/SVCW-FY2020-21-Budget-Adopted.pdf
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REFERENCES
CITY OF PALO ALTO Page | 103
United States Geological Survey. N.d. Earthquake Glossary. https://earthquake.usgs.gov/learn/glossary/?term=active%20fault ______. 2022. Mineral Resources Online Spatial Data. https://mrdata.usgs.gov/general/map- us.html.
Waste Management. 2022. Kirby Canyon Landfill. https://kirbycanyon.wm.com/about- us/index.jsp#:~:text=Capacity%3A,operation%20until%202059%20and%20beyond West Bay Sanitary District. 2022. West Bay Sanitary District. https://westbaysanitary.org/
LIST OF PREPARERS
Rincon Consultants, Inc. prepared this IS-MND under contract to the City of Palo Alto.
Persons involved in data gathering analysis, project management, and quality control include:
RINCON CONSULTANTS, INC.
Abe Leider, AICP CEP, Principal
Leslie Trejo, Project Manager
Karly Kaufman, Senior Advisor
Nichole Yee, Associate Planner
Kristin Asmus, Biologist
Elaine Foster, Archaeologist
Debra Jane Seltzer, Publishing Specialist
Alvin Flores, Publishing Specialist
Allysen Valencia, GIS Analyst
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Attachment E 575 Los Trancos Road
Residential Project Final IS-MND
with Appendices
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575 LOS TRANCOS ROAD RESIDENTIAL PROJECT
104 | Page Initial Study ♦ Mitigated Negative Declaration
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Residential Project Final IS-MND
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Appendix A
Biological Resources Technical Report
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Residential Project Final IS-MND
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Rincon Consultants, Inc.
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E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s November 4, 2021
Project No: 21-11882
Emily Foley, AICP
Associate Planner, Planning & Development Services
City of Palo Alto
250 Hamilton Ave. 5th Floor
Palo Alto, California 94301
Via email: [email protected]
Subject: Biological Resources Constraints Analysis for the 575 Los Trancos Road Project, Palo Alto, California
Dear Ms. Foley:
Rincon Consultants, Inc. (Rincon) has prepared this Biological Resources Constraints Analysis (BRCA) for the City of Palo Alto (City) of potential biological resources constraints to development at the approximately 5-acre property located at 575 Los Trancos Road in Palo Alto. (APN 182-46-012; Figure 1; Attachment 1). This report documents the existing conditions of the proposed development area within this parcel (hereafter known as the “project site”) and identifies sensitive biological resources that do or could occur on the site. Based on the evaluation of sensitive biological resources, the report presents an assessment of the potential significant impacts to biological resources under the California Environmental Quality Act (CEQA) and identifies potential impacts that may require permitting under the California Endangered Species Act (CESA) and/or federal Endangered Species Act (FESA) and/or the Clean Water Act (CWA) and state regulations regarding waters of the State. The report also provides recommendations to address any potential constraints associated with such resources.
Project Location and Description
The project site is an approximately five-acre property located at 575 Los Trancos Road in the City of Palo Alto, Santa Clara County, California. The site is approximately 2.5 miles southwest of U.S. Highway 280. The parcel lies within the Mindego Hill, California U.S. Geological Survey (USGS) quadrangle and within the San Francisquito Creek Watershed (Hydrologic Unit Code Number 180500030404). Los Trancos Creek, classified as a riverine habitat, runs west to east along the western border of the project site.
The proposed project would involve construction of a new 7,266 square foot (sf) single-family residence with a new 1,000 sf accessory dwelling unit and associated improvements including a swimming pool and landscaped trees and shrubs. The project site is within the Open Space zoning district. Land use surrounding the project site consists of low-density residential and undeveloped areas. The project site is bordered on the eastern side by Los Trancos Road. The project site consists of an undeveloped and vacant lot, dominated by oak woodland, riparian woodland, and non-native grasses (Figure 2; Attachment 1). The non-native annual grasses are regularly mowed. The project site is surrounded by a residence to the north, Los Trancos Creek to the west, and undeveloped lands to the south and east. See Attachment 2 for representative photographs of the project site.
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Residential Project Final IS-MND
with Appendices
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City of Palo Alto
575 Los Trancos Road Project
Biological Resources Constraints Analysis