Loading...
HomeMy WebLinkAbout2020-04-06 City Council Agenda PacketCity Council 1 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Monday, April 6, 2020 Regular Meeting 6:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday 11 days preceding the meeting. ****BY VIRTUAL TELECONFERENCE ONLY*** Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of Covid-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast on Cable TV Channel 26, live on YouTube at https://www.youtube.com/c/cityofpaloalto, and Midpen Media Center at https://midpenmedia.org. Members of the public who wish to participate by computer or phone can find the instructions at the end of this agenda. To ensure participation in a particular item, we suggest calling in or connecting online 15 minutes before the item you wish to speak on. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Special Action Item 6:00-7:00 PM 1.Update and Discussion of the COVID-19 Health Emergency and the City's Response Agenda Changes, Additions and Deletions Oral Communications 7:00-7:15 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Public Comment MEMO 2 April 6, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Minutes Approval 7:15-7:20 PM 2.Approval of Action Minutes for the March 16, 2020 Palo Alto Public Improvement Corporation Meeting and the March 16 and March 23, 2020 Council Meetings Consent Calendar 7:20-7:25 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 3.Adoption of a Resolution for Senate Bill 1, the Road Repair and Accountability Act, for Fiscal Year 2021, Providing the Project List for Capital Improvement Program Project PE-86070, Street Maintenance Projects 4.SECOND READING: Adoption of two Ordinances Amending Various Sections of Chapter 2.08 (Officers and Departments), Chapter 2.30 (Contracts and Purchasing Procedures); Chapter 10.50 (Residential Preferential Parking Districts), Chapter 10.51 (Crescent Park no Overnight Parking Program); and Title 18 (Zoning) to Reflect Updates to the Organization of Some City Departments and Duties; Clean up the City’s Purchasing Procedures; add a new Exemption From Competitive Solicitation for Some Types of Personnel-related Services Contracts; and Update Enforcement and Hearing Procedures in the Zoning Code (FIRST READING: March 16, 2020 PASSED: 7-0) City Manager Comments 7:25-7:35 PM Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 7:35-8:15 PM 5.SECOND READING: Adoption of an Ordinance Establishing a Temporary Moratorium on Residential Tenant Evictions Resulting From the COVID- 19 Emergency (FIRST READING: MARCH 23, 2020, PASSED 7-0); and Discussion and Direction on Extending the Evictions Moratorium to Businesses, Nonprofit Organizations, and Other Commercial Tenants Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. Public Comment 3 April 6, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Standing Committee Meetings Finance Committee Meeting Cancelled April 7, 2020 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report Palo Alto Fire Department Semi-Annual Performance Report for the First Half of Fiscal Year 2020 Proclamation Declaring the Month of April to be Earthquake Preparedness Month Public Letters to Council March 30, 2020 Set 1 April 6, 2020 Set 1 April 13, 2020 Set 1 4 April 6, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Public Comment Instructions Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom-based meeting. Please read the following instructions carefully. A. You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. B. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. C. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. D. When called, please limit your remarks to the time limit allotted. E. A timer will be shown on the computer to help keep track of your comments. 2. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions B-E above. 3. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. https://zoom.us/join Meeting ID: 362 027 238 Phone number: 1 669 900 6833 City of Palo Alto (ID # 11238) City Council Staff Report Report Type: Action Items Meeting Date: 4/6/2020 City of Palo Alto Page 1 Summary Title: COVID-19 Update Title: Update and Discussion of the COVID-19 Health Emergency and the City's Response From: City Manager Lead Department: City Manager EXECUTIVE SUMMARY This staff report provides an update on the City’s response to the COVID-19 health emergency. The City has taken actions on multiple fronts to respond to this health emergency, and continues to work at supporting the following measures: • Adopted a Proclamation of Local Emergency and activated the City’s Emergency Operations Center. • Temporarily closed all nonessential facilities and services and deployed the majority of city employees to work remotely from home, in conformance with shelter-in-place orders. • Established a Community Support Call Center to connect our community with information. • Regular updates to the community through frequent social media posts, daily online reports and a webpage dedicated to COVID-19 information and frequently asked questions, supplemented with blogs and press releases for breaking news. • Adopted a temporary moratorium on residential tenant evictions. • Organized Community Benefit Organizations and convene regular meetings to identify gaps in essential human services and provide a forum for partnership and support. • Constantly monitor federal and state developments and convene regular meetings with the County, neighboring jurisdictions, Stanford, the Palo Alto Unified School District, and the Palo Alto/Stanford Citizen Corps Council and other community and business stakeholders to best coordinate and integrate government and community resources and response efforts. This report is intended as a foundation for City Council discussion, and does not recommend any specific action at this time. City of Palo Alto Page 2 BACKGROUND On March 12, 2020 the City Manager, acting as the Director of Emergency Services, issued a Proclamation of Local Emergency regarding the presence and community spread of novel coronavirus, or COVID-19, in Santa Clara County and our region. The Proclamation allows the City to exercise extraordinary police powers, should these be needed; provides immunity for emergency actions; authorizes issuance of certain necessary orders and regulations; activates pre-established emergency processes; and is a prerequisite for requesting state or federal assistance related to the emergency, should such assistance become available. On Sunday, March 15, 2020, the City Manager activated the Emergency Operations Center and since that time, the City is managing the EOC virtually through a cross-functional multi-department team. On March 16, 2020, the City Council ratified the Proclamation of Local Emergency. In the weeks since COVID-19 was detected and found to be transmitting via community spread, City staff have taken several actions to promote community safety and address existing and potential impacts on City operations and services. To limit the potential spread of respiratory viruses and safeguard those at highest risk of catching COVID-19, the City of Palo Alto announced a series of actions to keep the community safe during this time of heightened public health risk. In response to the Santa Clara County Public Health Department Shelter in Place Order that went into effect on March 16 and the updated Shelter in Place Order issued March 31, the City has transitioned a majority of its workforce to remote (telework) status, while maintaining essential services such as fire, police, utilities including water, electric, gas and waste water services. The City has also cancelled events or converted them to virtual gatherings to slow the spread of COVID-19 in the community. In addition, the City is encouraging all community members to keep our community safe by preventing the spread of respiratory viruses including COVID-19 by staying home if sick, using hygiene best practices including washing your hands, calling your health practitioner before going to the hospital if you have COVID-19 symptoms, and maintaining other healthy lifestyle approaches. Help our most vulnerable community members stay safe during this public health emergency by demonstrating that hygiene is important for everyone. The City is continuing its work to provide essential services through thoughtful planning for several impact scenarios. In addition, the City implemented several operational changes in response to the COVID-19 public health risk, including supplying protective gear for field staff, expanding 911 dispatcher protocols to support Police, Fire, emergency medical first responders, and Utilities staff, and providing more hand sanitizer stations and enhanced cleaning in public facilities. The City is evaluating modifications to service delivery and other efforts to maintain City staffing levels. The City continues to track and monitor the public health situation in our community, including participating in the Santa Clara County briefings as well as monitoring advisories issued by the U.S. Centers for Disease Control and Prevention (CDC). The City’s Office of Emergency Services City of Palo Alto Page 3 (OES) has also been in contact with Stanford Health Care and other hospitals and clinics to coordinate on preparation and contingency planning. On March 23, 2020, City Council asked staff to look at how the City can stimulate/support businesses in Palo Alto. City staff have integrated this direction into the work of nearly every department. Also, on March 23, 2020, the City Council approved an urgency ordinance that adopted a residential tenant eviction moratorium. That same week, Santa Clara County and the State of California adopted similar moratoriums to ban residential tenant evictions. The County’s ordinance also barred eviction of commercial tenants who qualify as small businesses under the thresholds set by the federal Small Business Administration. On April 6, the City Council will consider changes to the City’s residential eviction moratorium to align with the County’s residential moratorium and will give further direction on commercial evictions. DISCUSSION The following sections provide a summary of recent efforts underway or accomplished as we manage this public health emergency including enhancements to the City’s business support program and economic and financial impacts associated with the COVID-19 pandemic. Activation of the City’s Emergency Operations Center The City Manager activated the City’s Emergency Operations Center (EOC) to maintain and manage the City’s COVID-19 public safety response and emergency management effort. This includes an incident command approach to the current emergency. We recognize this will be a longer-term situation before us and the EOC provides a critical function to ensure operations, management, logistics, financial, and communication's functions are aligned and working together strategically as this fast-paced emergency continues. The City has also activated its Citizen Corps Council, a group dedicated to connecting in response to our emergency to share information, problem solve, and partner as a cohesive team. The Citizen Corps Council is made up of leaders from across sectors including City leadership, Palo Alto Medical Foundation, Stanford University, Stanford University Public Safety and Stanford Health, Palo Alto Chamber, Palo Alto School District, Emergency Services Volunteer lead and neighborhood leaders. This group is convened by the Mayor and meets twice a week to discuss various issues including hospital needs. New Shelter in Place Restrictions That Relate to City Functions On March 31, health officers in seven Bay Area jurisdictions, including Santa Clara County, extended the shelter in place order to May 3 in order to preserve critical hospital capacity across the region. This Order went into effect on Tuesday, March 31, at 11:59 p.m. The County is urging communities to shelter at home to save lives. While the prior order has been effective in reducing the rate of transmission of the Coronavirus (COVID-19), it is not enough. City of Palo Alto Page 4 There has been a significant increase in the number of positive cases, hospitalizations, and deaths from COVID-19, which is beginning to strain healthcare resources. Read the County’s full statement here. The March 31 order clarifies what are essential business and activities and includes several new directives: • Further limiting activities at parks and other outdoor activities to improve social distancing, including limiting parking and other efforts as the City has already done • Closing playgrounds and shared facilities for recreational facilities and closing dog parks • Requiring essential businesses to prepare, post, and implement a Social Distancing Protocol • Limiting the number of people allowed in a store at one time and providing guidance on how to control shopping lines, and requiring stores to provide hand sanitizer • Prohibiting almost all construction activities • Eliminating the exemption for businesses that sell products that allow people to work from home • Allowing delivery of goods but not services to residences and businesses. Private Construction Restrictions Now in Effect All construction is suspended at this time, unless the project meets specific elements set forth in the County of Santa Clara Public Health Department Order, such as supporting health care operations in response to COVID-19, housing projects that include at least 10% deed-restricted affordable housing units, and other facilities that the City Council has declared essential. See link below for more details. The City has informed all developers with active projects in Palo Alto of these new construction restrictions. At present, there are four qualifying projects on El Camino Real and Page Mill Road that meet the County’s exemptions and are allowed to continue construction work. Contractors are allowed to perform minimal work necessary to shut down projects in a safe and secure manner. City Infrastructure Projects Winding Down Under the new Order, City infrastructure projects are considered essential only if they relate specifically to safety or to health care as it related to supporting the COVID-19 emergency. The majority of the City’s active infrastructure projects are not considered essential at this time. As a result, discussions are underway with contractors of several City projects to suspend work and do so in a matter that is safe. Securing the construction sites in a safe manner could take several days. Projects in this category include the Animal Shelter Medical Suite Remodel, Cal Ave Parking Garage, and Utilities water main and sanitary sewer main replacement projects on Fulton Street and Ruthelma Avenue. Other projects where work had already been suspended with the prior County Order issued on March 16 includes Citywide sidewalk projects, the Charleston Arastradero Corridor Traffic Calming Project Phase 1 and Phase 2, and the JMZ project. City of Palo Alto Page 5 For other restrictions on construction as a result of the new County of Santa Clara Public Health Department Order to Shelter in Place, go here. Compliance with the Health Order is mandatory. All residents and workers are urged to understand and comply with the Order. If that does not occur, the Order states that local police have authority and responsibility to take appropriate enforcement action. Modifications in Staffing and Services Police, Fire, Utilities and other essential and emergency services are maintained and continue through this emergency period. Essential services and work functions associated with this work continue; however much of the City’s workforce is working remotely. The list below is a summary of modifications to City services and staffing to support the City’s public safety response to the COVID-19 pandemic. • The Police Department has reassigned parking enforcement community service officers temporarily to high-visibility patrol efforts around town. Enforcement of timed parking restrictions has been temporarily suspended as a result, but they will still take enforcement action for any parking concerns that present an immediate hazard. In addition, enforcement of the Residential Permit Parking program is temporarily suspended. • City librarians and Community Services staff are staffing the City’s Customer Support Call Center. • All five Palo Alto library branches are closed; however, staff is working to develop virtual events and programming as an alternative to support the community during this time. Information and account services are available via email and phone from 10-6 p.m. every day. • The Development Center is closed for in-person appointments, but staff is available by phone. Online pre-application submittals are now available. • The Art Center, recreation facilities such as the Mitchell Park Community Center and Teen Center, Lucie Stern Community Center, the Junior Museum and Zoo, the Children’s Theatre and Rinconada Pool are closed. City-related events and programs at Cubberley Community Center are suspended. Pickleball courts and tennis courts are closed. Open Space Preserves bathrooms and water fountains are closed. Open Space Preserves parking closures at Baylands, Arastradero, and Foothills Park are in effect to support the community's health and safety. Rangers and volunteers are working to manage crowds and parking challenges associated with keeping these facilities open during this time. • Community Services staff are developing virtual programming as an alternative during this time of sheltering in place. • Changes to Utilities operations and customer services includes suspending meter reads that are accessible only through the backyards of resident customers, and in facilities requiring security access. These meter reads will be estimated for billing purposes. Utility Development Services Center and Utilities Engineering customer service is available online or by phone. City of Palo Alto Page 6 • Public Works staff are in discussion with contractors to suspend work associated with the City’s infrastructure projects, except essential projects at the Regional Water Quality Control Plant and electrical substation work. • Animal control will continue response with appropriate universal precautions to stray dogs, sick or injured animals, dead animals, animals in distress. Animal control officers will initiate phone screening for flu-like symptoms prior to contacting the public, when possible. Dangerous animal hearings are being handled by phone. Communications Efforts Underway The leading agency focused on public health and responding to the COVID-19 outbreak is the County of Santa Clara Public Health Department. Santa Clara County Public Health Department Orders seek to slow the community spread of COVID-19 and include specific restrictions as a result of their Shelter in Place Order for employers and the public to keep our community’s safe. Both Santa Clara County and San Mateo County are using 211 as a "call center" for persons with questions about COVID-19. Community members can also text "coronavirus" to 211211 for information and updates. There is also a public information phone number to gain updates by calling (408) 885-3980. The City also launched a Customer Support Call Center to connect the community with information at (650) 272-3181. Communications efforts in response to the COVID-19 Public Health Emergency started on February 26 when a dedicated webpage www.cityofpaloalto.org/Coronavirus was established. Since then, the Emergency Operations Center has been activated and the Public Information Officer EOC Section team was expanded to include a cross-functional multi-department team. Staff quickly expanded the City’s coronavirus public outreach by building out webpages, pushing more information through social media, frequently updating blog posts and Frequently Asked Questions and aligning with the Call Center script, and delivering a daily report digital newsletter. Printed materials and signage to support closures and other safety messages citywide were also developed. Printed materials are also being provided to our community members through the activation of the City’s Emergency Service Volunteers (ESVs). The following summary is intended to give a high-level overview of how citywide digital communications is performing. In addition, outreach continues through more traditional communications approaches such as mailers and Utility bill inserts, door-to-door, radio and newspaper advertising, and flyers. Website Website traffic is focused on the dedicated Coronavirus webpage and sub-pages between February 26 and April 1, 2020. Total pageviews over this period was 119,312. March 20, 2020 received 6,718 pageviews – the most in a single day. Governor Gavin Newsom announced a statewide order to shelter in place on this day, four days after Santa Clara County issued its order to shelter in place. City of Palo Alto Page 7 Digital Community Our digital community is very active and connected. Social media priorities include using Nextdoor, Facebook, Twitter, Instagram and LinkedIn. The City also hosts a blog and seeks to share City updates and local perspectives. The statistics below provide a snapshot of social media and blog reach over the last month. Digital Community Connections Nextdoor 32,578 members receive City updates on a daily basis, including the daily Coronavirus reports Facebook (March 4 – March 31) 23,250 people reached – a 480% increase.* 205 new page followers – a 503% increase.* Twitter (March 4 - March 31) 436,000 impressions – a 563.6% increase.* 3,731 profile visits – a 563.9% increase.* 339 new followers Instagram (March 4 – March 31) 1,089 likes received – a 152.1% increase.* 188 new followers – a 13.2% increase.* LinkedIn (March 1 – March 31) 1,473 pageviews – a 2% increase.* 47 reactions – a 48% decrease.* 109 new followers – a 2% increase.* Palo Alto Connect Blog The City’s blog at medium.com/PaloAltoConnect has seen 8,974 views in the past 30 days. “Staying Connected Through Information” (COVID-19 FAQs) post is the most viewed post with 3,700 views. E-Mail/Digital Newsletter Our digital newsletter has 61,571 subscribers. The average open rate is 43.5% compared to the government industry average of 29%. “Be Well” and “Family Resources” links are consistently the most clicked links showing that readers like receiving online resources to help as the community shelters in place. *when compared to previous period. Ways to stay connected The community can sign up for the Coronavirus Daily Reports by going here: www.cityofpaloalto.org/newslettersignup. The City’s dedicated webpage about Coronavirus and our public safety response can be found here: www.cityofpaloalto.org/coronavirus. City of Palo Alto Page 8 Preliminary Financial Impacts As has been previously discussed, COVID-19 is first and foremost a critical global health crisis. Governments and industry are responding in order to limit the spread, contain the virus, and safeguard as many lives as possible. However, the financial implications of this current public health emergency are significant, both in the impact on revenues through varied lines of business and in the cost of responding to the crisis. The regional, national, and global impacts of this pandemic have resulted in significant impacts on economies through social distancing and shelter-in-place orders that curtail activities and significantly restrict travel and movement of people. Here in Palo Alto, we have seen retail stores and many hotels and restaurants close their doors completely. We have also seen our daytime population drop as workers and visitors shelter-in-place, telework, and limit their movements to slow the spread of the virus. The impacts have been stark and immediate. To address the evolving situation, staff is bifurcating the discussion of the financial implications into 1) those specifically expected during the emergency response (for now focusing on FY 2020 estimated impacts) and 2) the return or recovery period that will require a re-imagining of “normal” and the shared sacrifice we will all need to make moving forward as the Palo Alto Community (for now focusing on FY 2021 and beyond). Fiscal Year 2020 Estimated Fiscal Impacts Staff has worked to provide an educated estimate on the financial impacts on Fiscal Year 2020, most specifically economically sensitive tax revenue loss and program revenue loss due to this emergency. Fiscal Year 2020 is estimated to see a $15 million to $20 million loss in the General Fund when considering a limited emergency period that concludes by the end of FY2020. This loss includes over $15 million in lower taxes and over $8 million in lower program revenues such as permits and recreation and arts classes that have been cancelled. These revenue losses are partially offset by some expected expense savings due to strategies that have been implemented including an immediate hiring freeze and expected curbing of contractual expenses to only essential services. Due to the immediate shift in social constraints, staff expects immediate and severe impacts to transient occupancy taxes, sales tax, documentary transfer tax, and revenue from licenses, permits, and charges for services. Although anecdotal, staff expects hotel occupancy levels to be below 10% and restaurants and retail establishments to remain primarily closed while the current social distancing practices are in effect. As part of the closure of non-essential services, the City continues to pay employees either emergency pay or repurposing and redeploying employees to the COVID-19 emergency response, thereby incurring costs while foregoing revenue generating services. Most recently, as part of the FY2020 Mid-Year Budget Report, staff reported that the General Fund Budget Stabilization Reserve was expected to be at $44.5 million, or 19.3 percent of the FY 2020 Adopted Budget for General Fund expenses, above the City Council’s target level of 18.5 percent. To assist in ensuring that the Budget Stabilization Reserve is not exhausted, staff City of Palo Alto Page 9 will review and recommend budget adjustments for City Council consideration to rebalance the FY 2020 budget. Looking forward, staff will recommend to Council necessary budget adjustments to address next fiscal year’s expected budget shortfall. It is important to note that these estimates do not factor in costs associated with the City’s COVID-19 emergency response. These costs are likely to be significant and include staff costs, temporary lodging for those exposed to the virus, acquisition of needed supplies including personal protective equipment (PPE), and other services such as deferral of payments. Staff is monitoring and working on estimates of these costs which are directly related to the progression of the emergency in order to apply for and receive federal emergency relief funding. Fiscal Year 2021 Estimated Fiscal Impacts The duration and depth of the downturn, both unknown at this time, will correlate with both the measure to constrain the spread of the virus and the economic dislocation that occurs during this period of shelter in place. There are multiple models and varying analyses in the economic community, from the current precipitous drop recovering by the end of the 2020 calendar year to a multi-year scenario where a more muted recovery is seen taking until 2023 to recover. McKinsey and Company predicts that the implications on the US economy could exceed anything since the end of World War II. As such, little data is available to model the specific impacts on the City of Palo Alto and General Fund tax revenues and the lasting implications of this emergency. However, it is expected that no matter the eventual impacts, the return or recovery period will require a re-imagining of “normal” and shared sacrifices everyone will need to make moving forward together as the Palo Alto community. The FY 2021 forecast projected a surplus of $1.1 million that was not sustained throughout the forecast. The Forecast expected gaps ranging from $2.4 million to $1.1 million in the middle of the forecast with surpluses beginning in FY 2026 at $2.3 million and increasing through the final years of the forecast. Staff expects that the precipitous drop in revenues seen today will take time to recapture as consumer confidence slowly rebuilds. In the absence of data specific to an event such as this, below is a model of the City’s major tax revenue sensitivity which is provided annually based on past performance during recessionary times. Below is that scenario for FY 2021 which was most recently presented as part of the FY 2021-2030 Long Range Financial Forecast. This economic contraction is displayed as occurring in January 2021, midway through FY 2021 (6 months). Tax revenue accounts for approximately 60 percent of the General Fund’s total revenues. This scenario assumes that average tax receipts contract by 1.7 percent, from $140.3 million at FY 2020 Adopted to $137.9 million in FY 2021. The scenario models a further decline in FY 2022 to $131.3 million in tax revenues in FY 2022, a 6.4 percent decline and stays consistent in FY 2023. If all other assumptions in the base case remain constant and a major recession were to occur of a magnitude similar to the dot-com bust or the Great Recession, the loss in revenue would City of Palo Alto Page 10 be approximately $12.6 million for a 6 month timeframe, $24.6 million for a 12 month timeframe. For additional context below is a table outlining specific tax revenue implications of the Dot.Com Recession, impacts of September 11th, and the Great Recession: Fiscal Year Property Tax Sales Tax Transient Occupancy Tax Documentary Transfer Tax Utility User Tax 2000 13.1%13.1%26.6%41.8%-2.9% 2001 12.4%12.8%12.9%-13.7%17.6%Dot.com Recession: 3/2001-11/2001 2002 9.3%-22.1%-29.3%-24.5%-6.4%September 11th: 9/11/2001 2003 4.5%-10.2%-19.4%22.2%9.5%SARS: 11/2002-7/2003 2004 -0.8%0.6%2.9%59.4%1.2% 2005 21.5%5.4%3.6%-8.1%1.6% 2006 12.4%5.3%12.4%11.3%20.5% 2007 14.6%9.9%4.9%1.9%6.8% 2008 7.6%1.5%18.9%-7.8%9.9% 2009 10.1%-11.0%-10.8%-42.5%7.2% 2010 2.1%-10.7%-3.6%19.9%2.4% 2011 -1.1%15.2%17.8%39.4%-3.9% 2012 3.1%7.1%19.6%-6.7%-0.2% 2013 8.5%16.1%11.7%41.2%0.2% 2014 6.4%14.9%13.5%19.6%1.4%Ebola: 2014-2016 2015 11.5%0.9%36.3%23.4%-1.3% 2016 7.3%1.2%33.9%-37.7%14.8%Zika: 12/2015-9/2016 2017 7.6%-0.3%5.0%19.6%14.2% 2018 8.8%3.9%6.2%23.2%8.2% 2019 10.5%17.4%2.9%-25.0%6.4% Great Recession: 3/2008-1/2010 Not Included in these Projections These initial financial projections do not include costs associated with the City’s COVID emergency response, any Federal or State emergency relief, expected significant increases in retirement contributions, or expense controls and actions related to the worsening budget outlook. In addition, the City has a number of other economically sensitive funds. This analysis City of Palo Alto Page 11 does not contemplate the impacts on those. Examples include the Refuse Fund, various utility funds, the development center and its full costs recovery operations. Workforce Update Under the Shelter in Place health order through April 7, approximately 600 City employees have continued to perform their duties by reporting to the worksite. These employees include emergency responders in Police and Fire, and employees in Public Works, Utilities, Planning and Community Services. When it became clear that the order required employers to minimize the number of employees at the worksite, the City assigned approximately 300 employees to telework. Telework employees are performing critical or ongoing work such as supporting police and fire operations, information technology, paying bills, payroll, and engineering projects. Many employees are not performing their normal work but have been assigned to necessary work during this emergency, including staffing the community call center, transitioning City meetings and documents to electronic format, and coordinating the cancellation of City events. To minimize impacts to employees and their families during the initial shelter in place order, paid administrative leave is being provided for employees who are unable to work due to worksite closures, lack of childcare due to school closures or quarantine. This paid administrative leave ends on April 10, which is the close of the current pay period. In the first week of the Shelter in Place order, approximately 200 employees were unable to work their full schedule, of which 70 are full-time and the balance are part-time. The average usage of paid leave was 18 hours for full-time and 11 hours for part-time employees in one week. Since the start of the order, some crews have been assigned to work on a rotational basis, such as one week on and one week off. It is anticipated that unworked hours will increase in the new pay period, as additional work stoppages have gone into effect. Absent alternative direction from Council, beginning April 11 the paid administrative leave will discontinue. Employees who are unable to work will be required to exhaust their leave banks and employees without leave will be unpaid. Once an employee loses pay, the employee is eligible to apply for unemployment. Those without paid time will trigger a loss of city-paid health coverage and the employee is responsible to pay the full monthly premiums. Employees who are unable to pay their monthly premiums will lose medical, dental and life insurance. In order to minimize the number of employees moving to unpaid status, redeployment opportunities as disaster service workers have been established and will continue to be developed throughout the ongoing state of emergency. Effective April 1, new Federal legislation, the Families First Coronavirus Response Act (FFCRA) was enacted with the following stated goal … “… to provide employees with paid leave, either for the employee’s own health needs or to care for family members. The legislation will ensure that workers are City of Palo Alto Page 12 not forced to choose between their paychecks and the public health measures needed to compact the virus…” ---Dept. of Labor News Release March 24, 2020 The Families First Act provides 2 weeks of Sick Leave and 10 weeks of extended Family Medical Leave for employees who are unable to work as a result of COVID-19. FMLA is only available for those unable to work because a child’s school or childcare is closed. The Families First Act requires caps employee pay at 2/3 regular rate with caps on the dollar amount per day. For an employee who uses 12 weeks of Family Leave, the leave is capped at $12,000, or the equivalent of $25/hour ($1,000 per week) for the 12-week period. Employees may, however, supplement this pay with their accrued leave balances, if available, to 100% of pay. To minimize impacts to staffing, emergency workers are exempted from the new leaves. As such, Police, Fire and dispatch workers will not receive additional leave for Sick or childcare that the general workforce are eligible to receive under the Families First Act. It should be noted that employees who become ill from a workplace exposure may apply for workers compensation. Exposure-only cases are not covered by workers’ compensation, however it a resulting illness from a workplace exposure. Under the terms of the new order through May 3, certain City services currently being provided will be stopped, leaving additional employees without work. Employees who meet the conditions of the Families First Act will be provided paid leave as required under the law. Once all leaves are exhausted, employees may remain on unpaid leave until returned to work or laid off for lack of work in accordance with City merit rules and applicable MOA’s. Any additional benefit to be provided to emergency workers or the general workforce in response to this public health emergency will require Council action. Coordination of Nonprofit Partners and Services to Residents Community Services Department staff reached out to Palo Alto’s community benefit organizations and has convened twice weekly remote meetings with the nonprofit essential needs providers since March 16th. This has allowed the City to receive up-to-date information on their current services in response to the COVID-19 pandemic and learn about their challenges and needs. These calls have also initiated cross cooperation and assistance between the participating agencies. The City has created a special page on the City’s website to list the services provided and donation/financial needs of the agencies. https://www.cityofpaloalto.org/services/public_safety/plans_and_information/coron avirus/support_services.asp The services being provided for homeless and low-income residents by Palo Alto nonprofit organizations include: • The Opportunity Services Center continues to operate Monday through Friday with continued access to case management, laundry, showers, breakfast and lunch, and emergency financial assistance. City of Palo Alto Page 13 • LifeMoves Opportunity Services Center operates as part of a County collaborative called the Emergency Assistance Network (EAN) Agency and distributes emergency funding for assistance with rent and utility bills. The current funding will be depleted by April 3, 2020. See below for further discussion on rental assistance needs. • Peninsula HealthCare Connections, the clinic at the Opportunity Services Center is still operational. Patients are asked to call first to be triaged over the phone and will be directed to a telemedicine doctor or to come to the clinic, if feasible. • The Downtown Food Closet continues to be open six days a week and provides bags of food for low income and homeless individuals. • Hotel de Zink, a year-round rotating shelter at local churches is still operational with increased hours. Additional funding is needed to be open 7 days per week and 24 hours per day. • Heart & Home Collaborative is a seasonal rotating shelter for women at local churches. The shelter is still operational with increased hours. Additional funding is needed to continue operating in April, one month longer than their original schedule, to allow their participants to shelter in place. • Hotel vouchers are being allocated by the Office of Supportive Housing via a referral from Valley Medical Center related facilities, including Gardener Health Center and the Valley Homeless Health Care Program (VHHP). The program is only for very medically vulnerable individuals who meet strict criteria as set by the CDC. Homeless service providers in Palo Alto have been given details about how to have a client considered for a hotel voucher. City services that support: • All park restrooms remain open from dawn to dusk with twice daily cleaning. • All parking garage bathrooms are open 24 hours per day and 7 days per week with twice daily cleaning. • Staff is looking for availability of portable hand washing stations to place at several locations. • The Human Services Emerging Needs fund has been opened to applicants for COVID- 19 related needs. The deadline for applications is April 3, 2020. Rental Assistance: LifeMoves Opportunity Services Center is part of Santa Clara County’s emergency assistance program for Palo Alto residents. Funding has primarily come from United Way Bay Area, the County and Destination Home. The average request for rental assistance is $2,000 per household. The number of requests for rental assistance has increased from a few per month to up to 50 per day since the Shelter in Place Order began. There is currently $20,000 remaining in the fund, which will likely be depleted by April 3, 2020. To qualify for funding, applicants must: 1. Live in a Palo Alto zip code City of Palo Alto Page 14 2. Show proof of residency with utility bill and or lease agreement 3. Show proof that this is a onetime emergency and must provide sustainability of their income 4. Provide evidence that lost income is a result of the COVID-19 pandemic 5. Show proof of emergency (e.g., medical, no paid time off, loss of job) 6. Demonstrate that their landlord will accept a third-party check On April 1, 2020 the Department of Housing and Urban Development awarded over $10.5 million in grant funding to cities and counties in California’s 18th Congressional District in response to the COVID-19 pandemic. The grant funding was authorized under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Palo Alto will receive $294,909 of this grant funding. The details of what this funding can go toward are not yet known. The City’s moratorium on renter evictions provides for a 120-day grace period until a renter must re-pay rent owed during the Shelter in Place Order. Assuming that the Order is lifted on May 4, 2020, renters are protected from eviction until October 2020 at which time they would need to reconcile unpaid rent. It is likely that many renters would not be in a position financially to pay their landlord the full amount of past due rent by October 2020. Considering the recent announcement that Palo Alto will receive funding from the CARES Act for homelessness and housing security programs and in consideration of the City’s moratorium on evictions, staff will develop a funding proposal for rental assistance by October 2020, if it is needed. An example scenario for additional funding is a matching grant program that would leverage corporate and community funding for rental assistance. In this scenario, a third party would campaign for funding and the City would match the funding up to a certain amount not yet determined. Securing these funds later if needed would ensure that tenants who are facing eviction are able to pay their past due rent and does not require the City to expend funds now when its own financial status is still unknown. Business Support and Assistance The following provides a summary of efforts underway to support local businesses and connect them with local, state and federal resources during this challenging time: • Established an online business assistance center with information on federal and state legislation, loans, protections and requirements potentially affecting the Palo Alto business community. • Suspended enforcement of time-limited parking in RPP districts. • Established an advertising campaign through our local newspapers to encourage the community to shop and eat local. An online webpage is also set up at www.cityofpaloalto.org/supportlocal providing details about local grocery store hours and links to a regularly updated restaurant listing of what’s available for takeout and delivery. City of Palo Alto Page 15 • Supplemented police patrol staffing levels to provide ongoing and regular high-visibility patrols to both open and closed businesses and activated the public safety substation at the Stanford Shopping Center with daily support. • Implemented a temporary ban on utility shut-offs for non-payment and lengthening repayment plans. Utility staff is also investigating whether adjusted billing rates for Refuse, Wastewater, and/or Stormwater utilities should be proposed, and researching the feasibility of additional support for small/medium businesses to cover utility costs. • Zero Waste staff provided best practices guidance for social distancing and an offer of help with signs and such for grocery stores and the farmers market. They are also investigating how to provide modest financial relief for businesses that request refuse service changes during this period. • Postponed collection of business registry and downtown business district fees for 90 days and staff is researching the feasibility of temporarily waiving fees altogether. • Developing an ordinance to automatically extend previously approved planning entitlements, building permits and applications for six months. • On April 6, seeking Council direction on whether a City ordinance to protect small businesses from closure or eviction for failure to pay rent due to COVID-19 is needed, in light of the County’s adoption of an ordinance providing these protections. • Created an online pre-application portal to enable commercial developers and residential homebuilders to file building permit applications prior to the 2020 Reach Code deadline on April 1, 2020. This action respects the months of work that go into making construction-ready drawings and enabled those who intended to submit before the deadline to do so despite the temporary closure of the city’s development center. • A more comprehensive online application portal to allow all Planning and Development Services applications to be filed online and enable electronic document review is currently under rapid development by City staff. Estimated time of completion is late April. • Environmental Services staff is using enforcement discretion in response to business requests for reduced environmental monitoring when changes in business activity have made pollutant releases of significance extremely unlikely. • Providing rent deferral for Cubberley long term lease tenants for the months of April May, and June 2020 to those tenants in good standing and who are unable to pay by the due date. The deferred rent can be paid back in 12 equal monthly installments with no interest starting on January 1, 2021. • Recreation coordinators are working with contract instructors of special interest classes to maintain those offerings through virtual classes. • While other transit providers are reducing service, Palo Alto has continued operation of the city’s free shuttles to provide essential shopping and medical trips.  Virtual City Meetings in April City of Palo Alto Page 16 City staff from several departments are supporting a select group of Boards and Commission meetings in April. All will be virtual and based on the new platform that the City Council will pilot on Monday, April 6. Other meetings planned for the month of April, include: • April 9- Historic Resources Board at 8:30 a.m. • April 13- Council Meeting • April 15- Utilities Advisory Commission at 9:00 a.m. • April 15- Planning and Transportation Commission at 5:00 p.m. • April 16- City/School Meeting, Time TBD • April 20- Council Meeting • April 21- Finance Meeting at 7:00 p.m. STAKEHOLDER OUTREACH The City has set up a dedicated webpage and other communications efforts, including placing posters at high use public facilities and other printed materials distributed to libraries and community centers and other means, sending email communications and digital updates, sharing details via social media including Nextdoor, and other approaches to help inform and provide tools to help keep our community safe. ENVIRONMENTAL REVIEW This action is exempt from environmental review by statute. See CEQA Guidelines Section 15269, Emergency Projects Undertaken for Specific Actions Necessary to Prevent or Mitigate an Emergency. Item #1 1 City of Palo Alto AT PLACES MEMORANDUM To: City Council Date: 4/6/2020 SUBJECT: AGENDA ITEM #1: UPDATE AND DISCUSSION OF THE COVID-19 HEALTH EMERGENCY AND THE CITY’S RESPONSE - COVID-19 STATE OF EMERGENCY LEAVE POLICY ISSUES The purpose of this At-Places memo is to supplement the Workforce Update portion of the report titled “Update and Discussion of the COVID-19 Health Emergency and the City's Response” (Agenda Item 1). Options are presented for city council discussion and direction. As the shelter-in-place order enters its fourth week, an issue that all organizations are grappling with is how best to address its impacts to our workforce. This includes challenges with worker productivity from home, the inability to continue some work during this state of emergency, and associated costs. Approaches being considered by employers have ranged from wholesale layoffs, to continuing prior pay and benefits irrespective of ability to work from home, and numerous intermediate strategies. The choices among employer paid leave policies are complicated by the variety of positions and roles filled by City employees. These roles range from emergency first responders, to emergency responders that are only required to report to work when incidents occur, teleworkers that are largely able to complete their duties remotely, to teleworkers with very little ability to perform their normal duties remotely. All employees have the potential for redeployment as disaster service workers; however, the opportunities for redeployment largely involve physical presence and therefore may be in tension with the shelter-in-place order. Finally, employees have widely varying balances of accrued leave to draw upon. Setting leave policies for this range of circumstances is inherently challenging, and agencies in communities across the nation are wrestling with these issues. As stated in the report, during the first shelter-in-place period through April 10, paid administrative leave has been a primary tool to bridge between an employee’s ability to perform duties and their normal paid status (full time or hourly). The staff report for this item outlines the policies and implications on the workforce if no action is taken, below are alternative options for City Council consideration. As we move into the second period through May 3, and prepare for the possibility of further extension, the applicability of administrative leave diminishes. Furthermore, recognition of the severe financial impacts of the current public health emergency requires that the City’s fiscal decisions during the state of emergency be made with an appreciation of the longer-term actions that may be required to support economic recovery after the emergency concludes. City Council discussion and direction is requested on potential options: (A) In order to minimize disruption to our workforce, the City could extend current practices into the extended shelter-in-place period. This would involve the City Council directing use of additional administrative leave authority to address the range of issues from directed absence from work to lack of duties suitable for remote work. The fiscal implications of this direction would be consistent with the overall impact reported for DocuSign Envelope ID: 57DFF066-50C1-4550-ADBB-AA60EF6208FF 2 COVID-19 in the current fiscal year. This is separate and distinct from the anticipated discussion of longer-term actions needed to address economic recovery expected as part of the budget deliberations in May and June. (B) Should the City Council prefer a more targeted approach, staff is prepared to advance a set of policies for approval at next week’s City Council meeting: 1. For employees required to physically report to work for essential duties: A primary need for leave during the state of emergency for these employees is due to illness, suspected illness, or potential exposure. Given the difficulty in confirming whether illness or exposure is job-related, where necessary these employees will be paid administrative leave for any related time off. 2. For employees required to physically report to work for essential duties on a less-than fulltime basis: Such employees are currently working partial schedules due to rotation of crews to reduce potential exposure, on standby for emergency response, or suspension of routine work. These employees will be paid administrative leave for any time directed to shelter in place and not report to work. 3. Employees not involved in duties that require physically reporting to work will continue their duties remotely to the extent possible. These employees may be assigned other work as disaster service workers in another City division/department or with community partners. Such tasks may include activities such as monitoring City open space preserves, meal deliveries, support to healthcare or childcare operations, or assisting small businesses with completing aid applications. Absent such reassignment, employees may use their accrued leave balances to remain in fully paid status and, when those are exhausted, will be on unpaid status. Absent a change in City health benefit eligibility rules, employees who are on unpaid status or who drop below full-time may lose health coverage. 4. Some employees may qualify for benefits under the Families First Coronavirus Relief Act (FFCRA). Once administrative guidance for applicability of these benefits are defined, these employees can choose to take leave under FFCRA. The City may be able to supplement the pay provisions under FFCRA once employees have exhausted their own accrued leave balances. The City will seek relief for all administrative leave expenses from any applicable source, such as FEMA or workers’ compensation. Staff will be reaching out to our labor organizations to begin conversations about these issues as well. Although the economic devastation from this global pandemic and direct impacts to the City’s finances are a formidable challenge that are certain to require major budget reductions upon return from the shelter in place orders, Council may find value in providing the supplemental leaves described above. The additional leaves allow employees to stay home while sick or to provide care for their household while shelter in place orders are in effect. Providing flexible leave policies and full pay when possible is consistent with the CDC guidelines for employers. Should Council wish to proceed with such action, direction is required to agendize this matter for the next Council meeting on April 13, 2020, or at a special meeting prior to April 13. At that time, Council may consider providing the City Manager the authority to specify and implement the leave policies described above. It should be noted that managers will first coordinate with employees to adjust schedules, provide telework and make other adjustments to avoid the need for paid leaves. ________________________________ Ed Shikada, City Manager DocuSign Envelope ID: 57DFF066-50C1-4550-ADBB-AA60EF6208FF CITY OF PALO ALTO OFFICE OF THE CITY CLERK April 6, 2020 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the March 16, 2020 Palo Alto Public Improvement Corporation Meeting and the March 16 and March 23, 2020 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: • Attachment A: 03-16-20 PIC DRAFT Action Minutes (PDF) • Attachment B: 03-16-20 DRAFT Action Minutes (PDF) • Attachment C: 03-23-20 DRAFT Action Minutes (PDF) Department Head: Beth Minor, City Clerk Page 2 PALO ALTO PUBLIC IMPROVEMENT CORPROATION DRAFT ACTION MINUTES Page 1 of 1 Special Meeting March 16, 2020 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:02 P.M. Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou; Tanaka participating remotely Absent: Oral Communications Action Items 1. Approval of Fiscal Year 2019 Palo Alto Public Improvement Corporation’s Annual Financial Report. MOTION: Chair Fine moved, seconded by Board Member Cormack to approve the Fiscal Year 2019 Annual Financial Report for the Palo Alto Public Improvement Corporation. MOTION PASSED: 7-0 Adjournment: The meeting was adjourned at 6:02 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 4 Regular Meeting March 16, 2020 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:02 P.M. Present: Cormack, DuBois, Filseth, Fine, Kniss, Kou; Tanaka participating remotely Absent: Closed Session 1. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION Santa Clara County Superior Court, Case No. 16CV300760 (One Case, as Defendant) –Miriam Green v. City of Palo Alto Authority: Government Code Section 54956.9(d)(1). 2. THIS ITEM HAS BEEN MOVED TO THE END OF THE AGENDA MOTION: Council Member Filseth moved, seconded by Vice Mayor DuBois to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 6:03 P.M. Council returned from Closed Session at 6:55 P.M. Mayor Fine announced no reportable action. Rail Communications Update 3. Connecting Palo Alto Rail Grade Separation: Receive an Update From the Expanded Community Advisory Panel (XCAP). NO DISCUSSION THIS EVENING-INFORMATION REPORT ONLY Agenda Changes, Additions and Deletions Agenda Item Number 2 has been moved to the end of the agenda. Agenda Item Number 8 has been continued to the March 23, 2020 Council Meeting. DRAFT ACTION MINUTES Page 2 of 4 City Council Meeting Draft Action Minutes: 03/16/2020 Oral Communications NONE. Minutes Approval 4. Approval of Action Minutes for the February 24 and March 2, 2020 Council Meetings. MOTION: Council Member Cormack moved, seconded by Council Member Kniss to approve the Action Minutes for the February 24 and March 2, 2020 Council Meetings. MOTION PASSED: 7-0 Consent Calendar MOTION: Council Member Cormack moved, seconded by Council Member Kniss to approve Agenda Item Numbers 5-6. 5. Authorize Transmittal of the 2019 Comprehensive Plan Annual Progress Report to the Office of Planning and Research, and the 2019 Housing Element Annual Progress Report to the Department of Housing and Community Development. 6. Ordinance 5491 Entitled, “Ordinance of the Council of the City of Palo Alto Amending Chapter 1.12 (Administrative Penalties – Citations) to Provide for an Administrative Hearing Upon Partial Advance Deposit of $250 and Clarify Existing Procedures for Hearings (FIRST READING: March 2, 2020 PASSED: 6-0 Kou absent).” MOTION PASSED: 7-0 Action Items 6A. Update Regarding City Responses to COVID-19, Including Community Education and City Service Changes; Ratification of Proclamation of Local Emergency. MOTION: Mayor Fine moved, seconded by Council Member Kniss to ratify the Proclamation issued by the Director of Emergency Services’ (City Manager) of Local Emergency on March 12, 2020 due to the presence and community spread of novel coronavirus (COVID-19) in Santa Clara County. MOTION PASSED: 7-0 DRAFT ACTION MINUTES Page 3 of 4 City Council Meeting Draft Action Minutes: 03/16/2020 7. Adoption of two Ordinances Amending Various Sections of Chapter 2.08 (Officers and Departments), Chapter 2.30 (Contracts and Purchasing Procedures); Chapter 10.50 (Residential Preferential Parking Districts), Chapter 10.51 (Crescent Park no Overnight Parking Program); and Title 18 (Zoning) to Reflect Updates to the Organization of Some City Departments and Duties; Clean Up the City’s Purchasing Procedures; add a New Exemption From Competitive Solicitation for Some Types of Personnel-related Services Contracts; and Update Enforcement and Hearing Procedures in the Zoning Code. MOTION: Mayor Fine moved, seconded by Vice Mayor DuBois to: A. Adopt the proposed ordinance to update various sections of Chapter 2.08 (Officers and Departments), Chapter 2.30 (Contracts and Purchasing Procedures), Chapter 10.50 (Residential Preferential Parking Districts), and Chapter 10.51 (Crescent Park No Overnight Parking Program) to reflect updates to the organization of some City departments and duties, clean up the City’s purchasing procedures, and add a new exemption from competitive solicitation for some types of personnel-related professional services contracts; and B. Adopt the proposed ordinance to update five sections of Title 18 (Zoning) related to enforcement, hearing procedures, and to reflect the new name of the Planning and Development Services Department. The Planning and Transportation Commission recommends that the City Council adopt this ordinance. MOTION PASSED: 7-0 8. Acceptance of the GreenWaste of Palo Alto Environmental Report; Authorization to Negotiate and Execute an Amendment to GreenWaste Contract Number C09124501 to Increase Compensation by up to $950,000 to Process Mixed Paper Within the United States; and Approval of a Budget Amendment in the Refuse Fund (ITEM CONTINUED TO MARCH 23, 2020). Closed Session 2. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION Subject: Threatened Litigation Over February 4, 2019 Conditional Approvals and Denials of Crown Castle Cluster 2 [17PLN-00433] Small Cell Nodes Authority: Government Code Section 54956.9(d)(2) One Potential Case, as Defendant. DRAFT ACTION MINUTES Page 4 of 4 City Council Meeting Draft Action Minutes: 03/16/2020 MOTION: Council Member Cormack moved, seconded by Mayor Fine to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 8:30 P.M. Council returned from Closed Session at 9:08 P.M. Mayor Fine announced no reportable action. Adjournment: The meeting was adjourned at 9:08 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 4 Special Meeting March 23, 2020 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:06 P.M. Present: DuBois, Fine Participating Remotely: Cormack, Filseth, Kniss, Kou, Tanaka Absent: Action Item A. Update and Discussion of the COVID-19 Health Emergency and the City's Response – Verbal Report, No Written Staff Report. 1. Consideration of Analysis, Public Outreach, and Refined Polling and Further Direction on a Potential Local Business Tax Ballot Measure for 2020 Election and Potential Changes to the Business Registry and Business Improvement District Programs. MOTION: Council Member Tanaka moved, seconded by Council Member Kniss to: A. In response to the current public health emergency, discontinue work on the development of a local business tax measure for the November 2020 election; B. Focus Staff work over the coming year on revisions to the city’s existing business registry certificate program with the specific goals of: i. Streamlining the process to register; ii. Ensuring all businesses are registered, improving the completeness of the registry and reliability of the data; and C. Direct Staff to return with a Railroad Grade Separation workplan that extends the target date for selection of preferred alternatives. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “Consider waiving the business registration fee”. (New Part B. iii) DRAFT ACTION MINUTES Page 2 of 4 City Council Meeting Draft Action Minutes: 03/23/2020 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “Direct Staff to look at how we can stimulate/support the businesses in Palo Alto”. (New Part D) MOTION AS AMENDED RESTATED: Council Member Tanaka moved, seconded by Council Member Kniss to: A. In response to the current public health emergency, discontinue work on the development of a local business tax measure for the November 2020 election; B. Focus Staff work over the coming year on revisions to the city’s existing business registry certificate program with the specific goals of: i. Streamlining the process to register; ii. Ensuring all businesses are registered, improving the completeness of the registry and reliability of the data; iii. Consider waiving the business registration fee; C. Direct Staff to return with a Railroad Grade Separation workplan that extends the target date for selection of preferred alternatives; and D. Direct Staff to look at how we can stimulate/support the businesses in Palo Alto. MOTION AS AMENDED PASSED: 7-0 Consent Calendar Council Member Tanaka registered a no vote on Agenda Item Numbers 2, 5, and 5A. MOTION: Vice Mayor DuBois moved, seconded by Mayor Fine to approve Agenda Item Numbers 2-5A. 2. Approval of Contract Number C20176367 With Serco, Inc. for Three Years in an Amount Not-to-Exceed $2,322,285 for Residential Preferential Parking (RPP) Enforcement Services. 3. Approval of Contract Number C20178071 With Oracle America, Inc. for Two-year Term for Software Program Technical Support Services in the Amount of $262,986; and Authorize the City Manager to Authorize and Execute a Contract Amendment for up to a 10 Percent Contingency or in an Amount Not-to-Exceed $26,298 in the Event DRAFT ACTION MINUTES Page 3 of 4 City Council Meeting Draft Action Minutes: 03/23/2020 Additional Services are Required, for a Total Not-to-Exceed Amount of $289,284. 4. Adoption of a Record of Land Use Action Approving a Change to the Local Historic Resources Inventory Classification for 526 Waverley Street From a Category 3 (Contributing Building) to a Category 2 (Major Building) Historic Resource. The Historic Resources Board Recommends Adoption of the Record of Land Use Action; Approval of This Historic Designation is Exempt From the California Environmental Quality Act (CEQA) in Accordance With Section 15301 of the CEQA Guidelines. 5. Approval of a $360,000 Net Zero Budget Amendment in the General Fund for the Planning & Development Services Department’s Cost Recovery Program for Private Development Studies. 5A. Direction to Staff on Preparation of the Fiscal Year 2021 Proposed Operating and Capital Budgets. MOTION PASSED FOR AGENDA ITEM NUMBERS 2, 5, 5A: 6-1 Tanaka no MOTION PASSED FOR AGENDA ITEM NUMBERS 3, 4: 7-0 Action Items 6. Review of the 2020 Sustainability and Climate Action Plan (S/CAP) Update Process and Accept the 2020-2021 Sustainability Work Plan (STAFF REQUESTS THIS ITEM BE CONTINUED TO APRIL 13, 2020). 7. Acceptance of the GreenWaste of Palo Alto Environmental Report; Authorization to Negotiate and Execute an Amendment to GreenWaste Contract Number C09124501 to Increase Compensation by up to $950,000 to Process Mixed Paper Within the United States; and Approval of a Budget Amendment in the Refuse Fund (STAFF REQUESTS THIS ITEM BE CONTINUED TO AN UNKNOWN DATE). 8. Adoption of a Regular Ordinance and Urgency Ordinance 5492 Entitled, “Ordinance of the Council of the City of Palo Alto Establishing a Temporary Moratorium on Residential Tenant Evictions for Nonpayment of Rent Related to the COVID-19 State of Emergency;” and Discussion and Direction on Extending the Evictions Moratorium to Commercial Tenants. DRAFT ACTION MINUTES Page 4 of 4 City Council Meeting Draft Action Minutes: 03/23/2020 Council Member Kniss announced she will not be participating in this Agenda Item due to owning rental property. MOTION: Council Member Cormack moved, seconded by Vice Mayor DuBois to: A. Adopt the Urgency Ordinance of the Council of the City of Palo Alto Relating to a Temporary Moratorium on Residential Evictions for Nonpayment of Rent During the COVID-19 State of Emergency and Declaring the Ordinance to be an Emergency Measure to Take Effect Immediately Upon Adoption. B. Adopt the Ordinance Relating to a Temporary Moratorium on Residential Evictions for Nonpayment of Rent During the COVID-19 State of Emergency. C. Direct Staff to bring forward a similar moratorium to protect small businesses and nonprofit organizations. MOTION PASSED: 6-0 Kniss recused Adjournment: The meeting was adjourned at 7:56 P.M. City of Palo Alto (ID # 11104) City Council Staff Report Report Type: Consent Calendar Meeting Date: 4/6/2020 City of Palo Alto Page 1 Summary Title: SB1 FY2021 Project List Resolution Title: Adoption of a Resolution for Senate Bill 1, the Road Repair and Accountability Act, for Fiscal Year 2021, Providing the Project List for Capital Improvement Program Project PE-86070, Street Maintenance Projects From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council adopt the attached resolution for the Fiscal Year 2021, providing a project list funded by Senate Bill 1, the Road Repair and Accountability Act (Attachment A). Background/Discussion Senate Bill 1 (SB 1) established the Road Maintenance and Rehabilitation Account (RMRA) in 2017 to address deferred maintenance on the state highway and local streets and roads systems, with funding to be approved annually. Palo Alto's RMRA funding estimate for FY 2021 is $1,310,690. SB 1 funding requires that Council approve a resolution (Attachment A) providing a project list that includes four components:  Project description;  The locations of each proposed project;  Schedule for completion; and  Estimated useful life of improvement. The adopted resolution must be sent to the California Transportation Commission by May 1, 2020. Staff recommends the RMRA funding for FY 2021 be recognized in the Gas Tax Fund and transferred to the Capital Improvement Fund to be added to the Street Maintenance Project, PE-86070. This funding recommendation will be included in the FY 2021 Proposed Capital Budget. The SB 1 funding will support the City's goal of achieving an average citywide Pavement Condition Index (PCI) of 85 by 2019 with no street having a PCI less than 60. Although the City reached the 85 PCI goal in December 2018, additional funding is needed to address streets that still have PCI scores less than 60. The funding will be used on the FY 2021 Asphalt Paving Project for the streets shown in Attachment B. Work on this project is anticipated to be completed by December 2021. An award of construction contract will be brought to Council for approval in City of Palo Alto Page 2 spring 2021. The estimated useful life of a street overlay is 30 years. Resource Impact Monthly appropriations from the State Controller's Office will begin in July 2020 for Palo Alto's FY 2021 RMRA funding. Ongoing funding is estimated to be $1.2 Million annually. Funding from RMRA in future fiscal years will be recognized and appropriated as part of the annual CIP budget process. Stakeholder Engagement Stakeholder engagement is not applicable to this resolution. Attachments:  Attachment A: SB1 FY2021 Resolution  Attachment B: Project Street List and Map Attachments:  A - SB1 FY2021 Resolution  B - Project Street List and Map Attachment A Not Yet Approved 180321 cc 0260111 Resolution No. ________ Resolution of the Council of the City of Palo Alto to Adopt a List of Projects For Fiscal Year 2020-2021 Funded by SB 1: The Road Repair and Accountability Act of 2017 R E C I T A L S A.Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and B.SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Palo Alto (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and C.The City must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and D.The City, will receive an estimated $1,310,690 in RMRA funding in Fiscal Year 2020-2021 from SB 1; and E.This is the fourth year in which the City is receiving SB 1 funding which enables the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and F.The City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and G.The funding from SB 1 will help the City maintain and rehabilitate various streets throughout the City this year and many similar projects into the future; and H.The 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “excellent” condition and this revenue will help us maintain the overall quality of our road system and implement complete streets projects over the next decade; and I.The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The foregoing recitals are true and correct. Attachment A Attachment A Not Yet Approved 180321 cc 0260111 SECTION 2. The City of Palo Alto hereby adopts the following list of projects planned to be funded in-part or solely with fiscal year 2020-2021 with Road Maintenance and Rehabilitation Account revenues: FY 2021 Asphalt Paving Project includes pavement repair, sidewalk, curb and gutter replacement, upgraded curb ramps and street paving. The following streets are included in the FY 2021 Asphalt Paving Project: Acacia Avenue (El Camino Real to Angle), Bryant Street (Hamilton Avenue to Forest Avenue), Cedar Street (Parkinson Avenue to Harker Avenue), Chaucer Street (Palo Alto Avenue to City Limit), Chestnut Avenue (Ash Street to Birch Street), El Centro Street (La Jennifer Way to La Para Avenue), Emerson Street (Tennyson Avenue to N. California Avenue), Emerson Street (East Meadow Drive to End), Lane 5 East (High Street to Hamilton Avenue), Lane 6 East (High Street to Emerson Street), Lane 15 East (Hawthorne Avenue to Everett Avenue), Lane 30 (Waverley Street to Kipling Street), Los Trancos Road (City Limit to City Limit), McKellar Lane (Arastradero Road to Kelly Way), Oregon Avenue (Greer Road to End), Oregon Avenue (Louis Road to Ross Road), Oregon Avenue (Bryant Street to South Court), Orinda Avenue (Fernando Avenue to Margarita Avenue), Tennyson Avenue (Middlefield Road to Fulton Street) Waverley Street (Churchill Avenue to Lowell Avenue) and Waverley Street (Tennyson Avenue to Seale Avenue). The estimated useful life is 30 years and construction will start in 2021. // // // // // // // // // // // // // Attachment A Attachment A Not Yet Approved 180321 cc 0260111 SECTION 3. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager _____________________________ Director of Public Works _____________________________ Director of Administrative Services Attachment A Attachment B Street From Street To Street PCI Acacia Avenue El Camino Real Angle 53 Bryant Street Hamilton Avenue Forest Avenue 49 Cedar Street Parkinson Avenue Harker Avenue 47 Chaucer Street Palo Alto Avenue City Limit 43 Chestnut Avenue Ash Street Birch Street 38 El Centro Street La Jennifer Way Paul Avenue 52 El Centro Street Paul Avenue Timlott Avenue 35 El Centro Street Timlott Avenue La Para Avenue 49 Emerson Street Tennyson Avenue Seale Avenue 60 Emerson Street Seal Avenue Rinconada Avenue 53 Emerson Street Rinconada Avenue Santa Rita Avenue 56 Emerson Street Santa Rita Avenue Washington Avenue 38 Emerson Street Washington Avenue N. California Avenue 42 Emerson Street East Meadow Drive End 41 Lane 5 East High Street Hamilton Avenue 19 Lane 6 East High Street Emerson Street 36 Lane 15 East Hawthorne Avenue Everett Avenue 54 Lane 30 Waverley Street Kipling Street 36 LOS TRANCOS ROAD CITY LIMITS CITY LIMITS 43 McKellar Lane Arastradero Road Kelly Way 35 Oregon Avenue Greer Road End 38 Oregon Avenue Ross Road Louis Road 43 Oregon Avenue Middlefield Road Ross Road 19 Oregon Avenue Bryant Street South Court 32 Orinda Street Fernando Avenue Margarita Avenue 48 Sandhill Road Stockfarm Road W. Oak Creek Drive 29 Sandhill Road W. Oak Creek Drive City Limits 29 Tennyson Avenue Middlefield Road Fulton Street 44 Waverley Street Churchill Avenue Coleridge Avenue 19 Waverley Street Coleridge Avenue Lowell Avenue 23 Waverley Street Tennyson Avenue Seale Avenue 15 Average PCI: 39 FY 2021 Overlay (July 2020 ‐ June 2021) 1 of 1 Attachment B private This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. 0'1517' CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto tbotkin, 2020-02-12 15:18:07 (\\cc-maps\Encompass\Admin\Meta\View.mdb) EV E R E T T E HA W T H O R N E HA M I L T O N FO R E S T CH U R C H I L L /2 : ( / / TE N N Y S O N SE A L E N. C A L I F O R N I A FE R N A N D O MA R G A R I T A EA S T M E A D O W SOUTH CT BRYANT MIDDLEFIELD ROSS LOUIS GREER FULTON EMERSON HIGH WAVERLEY KIPPLING HARKE R PARKI N G S O N BIRCH ASH EL CAMINO PA L O A L T O UN I V E R S I T Y LA J E N N I F E R LA P A R A KEL L Y AR A S T R A D E R O FY 2 0 2 1 A sph a l t P a v i n g P r o j e c t Attachment B This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. 0'655' CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto tbotkin, 2020-02-12 11:40:02 (\\cc-maps\Encompass\Admin\Meta\View.mdb) ST O C K F A R M CI T Y L I M I T S FY 2 0 2 1 A sph a l t P a v i n g P r o j e c t Attachment B This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. 0'1862' CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto tbotkin, 2020-02-13 08:26:11 (\\cc-maps\Encompass\Admin\Meta\View.mdb) ARASTR A D E R O FO O T H I L L FY 2 0 2 1 A sph a l t P a v i n g P r o j e c t Attachment B CITY OF PALO ALTO OFFICE OF THE CITY CLERK April 6, 2020 The Honorable City Council Palo Alto, California SECOND READING: Adoption of two Ordinances Amending Various Sections of Chapter 2.08 (Officers and Departments), Chapter 2.30 (Contracts and Purchasing Procedures); Chapter 10.50 (Residential Preferential Parking Districts), Chapter 10.51 (Crescent Park no Overnight Parking Program); and Title 18 (Zoning) to Reflect Updates to the Organization of Some City Departments and Duties; Clean up the City’s Purchasing Procedures; add a new Exemption From Competitive Solicitation for Some Types of Personnel-related Services Contracts; and Update Enforcement and Hearing Procedures in the Zoning Code (FIRST READING: March 16, 2020 PASSED: 7-0) This was first heard by the City Council on March 16, 2020, where it passed 7-0 with no changes. It is now before you for the second reading. ATTACHMENTS: • Attachment A - Ordinances Amending Five Sections of Title 18 (Zoning) of the Palo Alto Munic (PDF) Department Head: Beth Minor, City Clerk Page 2 *NOTYETAPPROVED* 1 20200305_TS_24_205 OrdinanceNo._____ OrdinanceoftheCounciloftheCityofPaloAltoAmendingVariousSectionsof: Chapter2.08(OfficersandDepartments); Chapter2.30(ContractsandPurchasingProcedures); Chapter10.50(ResidentialPreferentialParkingDistricts);and Chapter10.51(CrescentParkNoOvernightParkingProgram) ofthePaloAltoMunicipalCodetoReflectUpdatestotheOrganizationofSome CityDepartmentsandDuties,CleanUptheCity’sPurchasingProcedures,Adda NewExemptionFromCompetitiveSolicitationforSomeTypesofPersonnelͲ RelatedServicesContracts,andUpdateEnforcementandHearingProceduresIn theZoningCode.  TheCounciloftheCityofPaloAltodoesORDAINasfollows:  SECTION1.Section2.08.020(Approvalofcitymanager'sappointments)ofChapter2.08 (OfficersandDepartments)ofTitle2(AdministrativeCode)ofthePaloAltoMunicipalCodeis herebyamendedasfollows(strikethroughtextisdeleted,underlinedtextisadded):  2.08.020ApprovalofCityManager'sappointments. Appointmentstothefollowingpositionsshallbemadebythecitymanagerwiththeapproval ofthecouncil: (a)Assistantcitymanager; (b)Directorofadministrativeservices; (c)Chiefofpolice; (d)Firechief; (e)Directorofhumanresources; (f)Directorofplanningandcommunityenvironmentdevelopmentservices; (g)Directorofutilities; (h)DirectorofpublicworksͲcityengineer; (i)Directorofcommunityservices;and (j)Directoroflibraries.; (k)Directorofinformationtechnology;and (l)Directoroftheofficeofemergencyservices.  SECTION2.Sections2.08.110to2.08.260ofChapter2.08(OfficersandDepartments)of thePaloAltoMunicipalCodeareherebyamendedandrestatedasfollows(amendedand restatedtextisunderlined):  2.08.110OfficeanddutiesoftheCityClerk. (a)Theofficeofthecityclerkshallbeunderthedirectionofacityclerkwhoshallbe accountabletothecitycouncil.Thedutiesofthecityclerkshallbeasfollows: (1)Tokeeparecordoftheproceedingsofthecouncilandofsuchotherbodiesasthecouncil mayrequire; *NOTYETAPPROVED* 2 20200305_TS_24_205 (2)Tokeepallordinances,resolutions,contracts,andagreementsofthecityand authenticatesuchrecordsasmaybenecessary; (3)Topublishordinancesandotherlegalnoticesasrequired; (4)Tokeepandmaintainarecordofallelectionsofthecityandtoberesponsibleforthe conductofelections; (5)Tokeepinformedonallmatterspendingbeforethecouncilandbeforeotherbodiesas thecouncilmayrequire; (6)Tohavepowertoadministeroathsoraffirmationsinconnectionwithallmattersrelating tothemunicipality; (7)Tohaveauthoritytoappointdeputiesandassistantsinaccordancewithcontrol proceduresestablishedforthatpurposeandadministeredbythedepartmentofhuman resources (8)Toprovidepublicinformationregardingcitycouncilactivities (9)Toberesponsibleformanagementofthecity'srecordsandinformationmanagement program; (10)ToperformsuchotherdutiesasmayberequiredbytheCharterorasthecouncilmay require.  2.08.120OfficeanddutiesoftheCityAttorney. (a)Theofficeofthecityattorneyshallbeunderthedirectionofacityattorneywhoshallbe accountabletothecitycouncil.Thedutiesofthecityattorneyshallbeasfollows: (1)Toadvisethecouncil,thecitymanager,boards,commissionsandallofficersand departmentsofthecityonallmattersoflaw; (2)Todraft,orassistinthedraftingof,allordinances,resolutions,agreements,and contractstobemadeorenteredintobythecity,andapprovetheformofsuchinstruments; (3)Toprosecuteallviolatorsofcityordinancesandtorepresentthecityinallactionsatlaw; (4)Tohaveauthoritytoappointdeputiesandassistantsinaccordancewithcontrol proceduresforthatpurposeandadministeredbythedepartmentofhumanresources; provided,thattheappointmentofthechiefassistantcityattorneyshallbeapprovedbyatleast amajorityofthecouncil; (5)Todefendanyofficeroremployeeofthecityinanyactionarisingoutoftheperformance oftheofficialdutiesofsuchofficeroremployee; (6)ToperformsuchotherdutiesasmayberequiredbytheCharterorasthecouncilmay require.  2.08.130OfficeanddutiesoftheCityAuditor. (a)Theofficeofthecityauditorshallbeunderthedirectionofacityauditorwhoshallbe accountabletothecitycouncil.Thedutiesofthecityauditorshallbeasfollows: (1)BeknowledgeableinconductingperformanceauditsunderGovernmentAuditing Standards,asestablishedbytheComptrollerGeneraloftheUnitedStates;public administration;publicpolicy;andpublicfinancialandfiscalpractices; (2)Bealicensedcertifiedpublicaccountant(CPA)orcertifiedinternalauditor(CIA); (3)Establishanorganizationalstructureappropriatetocarryingouttheresponsibilitiesand functionsofthissection;and *NOTYETAPPROVED* 3 20200305_TS_24_205 (4)Setandmaintainatoneforethicalbehavior,establishapositiveethicalenvironmentfor theofficeofthecityauditor,andconductauditworkinaccordancewiththeprinciplesof integrity,objectivity,confidentiality,andcompetency. (b)Themissionoftheofficeofthecityauditoristopromotehonest,efficient,effective, economical,andfullyaccountableandtransparentcitygovernment.Tofulfillthismission,the officeofthecityauditorshallconductperformanceauditsandperformnonauditservicesof anycitydepartment,program,service,oractivityasapprovedbythecitycouncil.Thepurpose oftheseauditsistoprovidethecitycouncil,citymanagement,theresidentsofPaloAlto,and otherstakeholderswithindependentandobjectiveanalysisastowhethermanagementisusing itsfinancial,physical,andinformationalresourceseffectively,efficiently,economically, ethically,andequitably,andincompliancewithlaws,regulations,contractandgrant requirements,andcitypoliciesandprocedures.Auditsshallbeconductedandnonaudit servicesprovidedinaccordancewithGovernmentAuditingStandards,asestablishedbythe ComptrollerGeneraloftheUnitedStates,GovernmentalAccountabilityOffice. (c)Inadditiontotheaforementionedresponsibilities,theofficeofthecityauditorshall: (1)Selectandrecommendtothecitycouncilforapprovalanindependentcertifiedpublic accountingfirmtoconductthecity’sannualexternalfinancialauditandcoordinatetheannual externalfinancialauditwiththeapprovedfirm. (2)Performotherfunctionsconsistentwiththeprovisionsofthissection. (d)Atthebeginningofeachfiscalyear,thecityauditorshallprepareanannualauditplanfor citycouncilapproval.Theplanwillbeissuedontheofficeofthecityauditorwebsite,with writtennotificationtothecitycouncil,andbeplacedontheappropriatecommitteeagenda. Theplanshallidentifythepreliminaryobjectivesofeachaudittobeperformed,reflectingthe purposeoftheengagementandapreliminarydescriptionoftheareasthatmaybeaddressed. Thecityauditorwillreviewtheplanandconsultwiththecitymanagerpriortosubmittingitto theappropriatecommitteeofthecitycouncilforapproval.Thecitymanagermayidentifyareas wherethecitywillbenefitfromperformanceauditsoranonauditservice.Thecityauditormay reviewtheplanwithandseektheadviceofthecityattorneypriortosubmittingittothe appropriatecommitteeofthecitycouncilforapproval.Theannualauditplanmaybeamended duringthefiscalyearwithapprovalofthecitycouncil. (e)Theofficeofthecityauditorshallpreparequarterlyreportsdescribingthestatusand progresstowardscompletingtheaudits.Thereportswillbeissuedontheofficeofthecity auditorwebsite,withwrittennotificationtothecitycouncil,andbeplacedontheappropriate committeeagenda. (f)Thecityauditorshallprepareawrittenreportoftheresultsofeachauditconductedand willberesponsibleforretainingacopyasapermanentrecord.Thereportsshallmeetthe reportingrequirementsspecifiedintheGovernmentAuditingStandardsandtheviewsofthe citymanager. (1)Withintwoweeksafterreceivingthefinaldraftreport,thecitymanager,orhisorher designee,willprepareanofficialwrittenresponsetothefindingsandrecommendations containedwithinthereportandprovidetheresponsetotheofficeofthecityauditor.Thecity auditorandcitymanagermayagreetoanextensionofthetwoͲweektimeframeifrequested bythecitymanager.Ifaresponseisnotreceivedwithintheestablishedtimeframe,theoffice ofthecityauditorwillissuetheauditreportwithoutmanagement’sresponse. *NOTYETAPPROVED* 4 20200305_TS_24_205 (2)Theofficeofthecityauditorshallalsoprovideacopyofthedraftreporttothecity attorneyforreviewandcomment,includinglegaladvicerelatingtodisclosureofinformation containedinthereport;andtootherappropriateofficialsasdeterminedbythecityauditor. (g)Auditreportsandotherworkproductsoftheofficeofthecityauditorwillbeplacedon theagendaofthecitycouncilorappropriatecitycouncilcommitteeconsistentwiththe followinggeneralguidelines: (1)Informationitemsanditemsthatwillbediscussedinastudysessionwillbeplacedonthe councilagenda. (2)Auditreportsandotherauditworkproductswillbeplacedonthefinancecommittee agendawhenthesubjectmatterfocusesprimarilyonenterprisefunddepartments,functions, oractivities,orisconcernedprimarilywithfinancialmatters. (3)Allotherauditreportsandauditworkproductswillbeplacedonthepolicyandservices committeeagenda. (h)Thecityauditorwillprepareandissueanannualreportonthestatusof recommendationsmadeincompletedaudits.Thereportwillreflectthestatusasreportedby thecitymanagerorhisorherdesignee.Thereportwillbeissuedontheofficeofthecity auditorwebsite,withwrittennotificationtothecitycouncil,inthefirstquarterofthefiscal yearandbeplacedontheappropriatecommitteeagenda.FurtherfollowͲupauditswillbe conductedasdeterminedandrecommendedbythecityauditorandapprovedbythecity council. (i)(1)Unlessprohibitedbylaw,theofficeofthecityauditorwillhaveunrestrictedaccessto allsourcesofinformation,property,andpersonnelrelevantto1)theperformanceofacouncilͲ approvedauditor2)theidentificationofpotentialriskswhendevelopingtheannualauditplan. Departmentmanagementandstaffwillnotintentionallywithhold,hide,ordestroyany informationorpropertythatmaybepotentialevidenceinaplannedorongoingaudit.Nothing inthissectionshallauthorizetheofficeofthecityauditortohaveaccesstodocuments, records,andinformationrelatedtotheofficeofanyelectedofficial. (2)Theofficeofthecityauditorwillhandledocumentsandinformationreceivedwiththe sameprudenceexercisedbythosenormallyaccountableforthemandconsistentwith appropriatepoliciesandregulationsandtheethicalprinciplescitedintheGovernmentAuditing Standards. (j)Totheextentpossible,theofficeofthecityauditorwillaccommodateanarea’sdaily operationsinschedulingandconductingaudits.  2.08.140OfficeanddutiesoftheCityManager. (a)Theofficeofthecitymanagershallbeunderthedirectionofacitymanagerwhoshallbe accountabletothecitycouncil.Thedutiesofthecitymanagershallbeasfollows: (1)TohavethedutiesassetforthintheCharter; (2)Toapproveexpenditures,policies,andproceduresforthedepartmentscomingunder controlofthecitymanager; (3)TosignforthecityͲapprovedcontracts,agreement,andleaseswhichdonotrequirethe signatureofthemayor; (4)Torecommendthesaleorleaseofmaterial,equipment,property,andrealestateofthe citytothecouncil; *NOTYETAPPROVED* 5 20200305_TS_24_205 (5)Tonegotiatecontractsandleasesasauthorizedbythecouncil; (6)Toestablishascheduleoffeesandratesforalltypesofservicesperformedby departmentsunderhisorhercontrol,exceptforthosewhichthecitycouncilauthorizes; (7)Torecommendchangestothebasicorganizationplanofdepartmentsunderthecontrol ofthecitymanager,andtoenforcechangesapprovedbythecouncil; (8)Tohavetheauthoritytoappointdeputiesandassistantsinaccordancewithcontrol proceduresestablishedforthatpurposeandadministeredbythedepartmentofhuman resources;provided,thattheappointmentoftheassistantcitymanagershallbeapprovedby thecouncilinaccordancewiththeCityCharter; (9)NotwithstandingSection2.08.040,tohavetheauthoritytodelegatetotheassistantcity managerthedirectreportingresponsibilityoveranydepartmentheadunderthecontrolofthe citymanager; (10)Toprovideeconomicresourcesplanningservicesforthecity,asneeded;and (11)ToperformsuchdutiesasmayberequiredbytheCharterorasthecouncilmayrequire.  2.08.145Reserved.  2.08.150DepartmentofAdministrativeServices. (a)Thedepartmentofadministrativeservicesshallbeunderthecontrolofadirectorof administrativeserviceswhoshallbeaccountabletothecitymanagertocarryoutthedutiesof thisdepartment.Thedutiesofthedepartmentofadministrativeservicesshallbeasfollows: (1) Provideadministrativesupportforthefinancecommitteeofthecitycouncil; (2) Managementandpreparationofthecity’sbudgetreportsincoordinationwiththeCity ManagerandinaccordancewiththerequirementssetforthintheMunicipalCodeandCity Charter,includesanalysisandreviewofcitywiderevenueandexpensesanddepartmental budgetrequests; (3) Provideanalyticalresourcesforstudiesonorganization,staffingutilization, managementandproceduresforthecity,inordertoprovidecostͲeffectivemunicipalservices; (4) ToparticipateinintermediateandlongͲrangefinancialplanningstrategiesandto developandrecommendmethodsforfinancingcityprogramsandprojects; (5) ManageproductionoftheCity’sannualfinancialreports,generalͲpurposefinancial statements,andcomprehensiveannualfinancialreportinaccordancewithcityordinances, legalrequirementsandgenerallyacceptedaccountingprinciples: (A)generateappropriatefinancialreportsasrequiredbycounty,stateandfederal agencies; (B)coordinatefinancialauditactivitieswithappropriateparties(internalandexternal) (6) Administertheprocurementofsupplies,materialsandequipmentandcontractsfor generalservicesfortheCity.Controlemergencypurchasinginaccordancewithapproved procedureswhencentralizedprocurementisimpracticable; (7) Manageandcompletetheaccountspayableandpayrollprocesses; (8) Operateandmaintainthewarehouseandstoragefacilitiesofthecity; (9) AdministertheCity’sresponsibilitiesregardingsurplusproperty; (10) Providecentralizedmailandmessengerservicesandprintingandotherduplicating servicesforallcitydepartments; *NOTYETAPPROVED* 6 20200305_TS_24_205 (11) Administertheinvestmentofcityfundsandbankingagreementsinaccordancewithcity policyandstatelaw; (12) AdministerandmanagetheissuanceofdebtbytheCityorfinancingauthorityentities asmaybeformedbythecityfromtimetotime; (13) Administerandenforceallordinancesandregulationsofthecityrelatingtothe impositionandcollectionofcitytaxesandothermiscellaneousaccountsreceivables,to providerevenuecollectionsservicesandtocollectdelinquentreceivables; (14) Administerandsuperviserealpropertysuchassecureeasementtitlesandleases, negotiateforthepurchaseordispositionofrealpropertyonbehalfofthecity,andmanageall propertyownedbythecityandleasedtootherpersonsoragencies; (15) Performorcausetobeperformedalldutiesrequiredbythiscodeorotherlawofthe directoroffinance,taxadministrator,managerofpurchasing,supervisorofrevenuecollections, chieffinancialofficer,citytreasurerandcitycontroller; (16) Toperformsuchotherdutiesasmayberequired.  2.08.160DepartmentofHumanResources. (a)Thedepartmentofhumanresourcesshallbeunderthesupervisionofadirectorof humanresourceswhoshallbeaccountabletothecitymanager.Thedutiesoftheofficeof humanresourcesshallbeasfollows: (1)Toberesponsibleforthemanagementandadministrationofthepersonnelprogramin accordancewithrulesandregulationsestablishedinthemeritsystem; (2)Toadministercontrolproceduresfortherecruitment,employmentandpromotionof personnelofthecity; (3)Tofollowsuchpersonnelproceduresandpracticesasmaybeapprovedbythecity manager; (4)Toadviseandassistthecitymanagerinthepreparationofwagescalesfor recommendationtothecouncil; (5)Toprepareandmaintainsuchjobandpositionclassificationsandspecificationsasmay berequired; (6)Tokeepandmaintaincompletepersonnelrecords; (7)Tocoordinatesuchemployeesafetyprogramsasmaybedirectedbythecitymanager; (8)Tocoordinateandadministertheworker'scompensationprogram; (9)TocoordinateandadministersuchemployeeͲinͲservicetrainingprogramsasmaybe directedbythecitymanager; (10)Toperformalldutiesdefinedinthemeritsystemandsuchotherdutiesasmaybe required; (11)Toestablishproceduresfortheoperationofthecity'sinsuranceprogramandtokeep thecitymanageradvisedastothestatusoftheprogram; (12)Asdirectedbythecitymanager,torepresentthecityinmeetͲandͲconfernegotiations withrecognizedemployeegroupsandadministerresultingagreements; (13)Toperformorcausetobeperformedalldutiesrequiredbythiscodeorotherlawofthe losscontrolofficerandriskmanager; (14)Toperformsuchotherdutiesasmayberequired.  *NOTYETAPPROVED* 7 20200305_TS_24_205 2.08.170PoliceDepartment. (a)Thepolicedepartmentshallbeunderthedirectionofachiefofpolicewhoshallbe accountabletothecitymanager.Thedutiesofthepolicedepartmentshallbeasfollows: (1) Toberesponsibleforthepreservationofthepublicpeaceandorder,theprevention anddetectionofcrime,theapprehensionofcriminalsuspects,theprotectionofpersonsand property,andtheenforcementoflaw; (2) Toenforcealltrafficregulations,andtoconsultasnecessarywiththeTransportation Departmentonmattersconcerningtrafficengineering; (3) TocoordinatetheuseoftheregionalSiliconValleyRegionalCommunicationsSystemby allCitydepartments,tomaintainbackͲupradiocapabilities,andtoprovideradiodispatching serviceforallCitydepartmentsrequiringsuchservice; (4) ToensurethatunclaimedpropertyreceivedbythePoliceDepartmentissoldatapublic auctionpursuanttotheprovisionsofthiscode; (5) ToadministerthePoliceDepartment’sparkingenforcementprogram; (6) ToenforceallCityordinancesandstatelawsrelatingtothecare,control,impounding andrescueofallanimals;andtoperformorcausetobeperformedalldutiesrequiredbythis codeofanimalcontrolofficers;and (7) Toperformsuchotherdutiesasmayberequired. (b)Fororganizationalpurposes,thePoliceDepartmentshallconsistofthefollowing divisions:Administration,FieldServices,InvestigativeServices,andTechnicalServices.  2.08.180FireDepartment. (a) Thefiredepartmentshallbeunderthecontrolofafirechiefwhoshallbeaccountable tothecitymanagertocarryoutthedutiesofthisdepartment.Thedutiesofthefire departmentshallbeasfollows: (1)Toberesponsibleforthepreventionoffires,theprotectionoflifeandpropertyagainst fires,andtheremovaloffirehazardsandpreparationofemergencyplans; (2)Toberesponsiblefortherenderingofemergencymedicalservicesforwhichthe departmentisequipped,includingemergencymedicaltransportationservices; (3)Toinspectbusinessandotherpremisesforfirehazards,andtoenforcethefire preventioncodeandtoconducteducationalfirepreventionandriskreductionprograms; (4)Toprotecttheenvironmentfromtheadverseeffectsofhazardousmaterialsandto coordinateandadministerprogramstominimizeproblemsassociatedwiththeuseand disposalofhazardousmaterials; (5)Toserveasaninformationresourceforthepublic,othercitydepartments,industryand themediaconcerningtheareasdescribedinthissection; (6)Toperformorcausetobeperformedalldutiesrequiredbythiscodeorotherlawofthe firemarshal; (7)Toperformsuchotherdutiesasmayberequired.  2.08.185OfficeofEmergencyServices. (a)Theofficeofemergencyservicesshallbeunderthedirectionofthedirectoroftheoffice ofemergencyservices,whoshallbeaccountabletothecitymanager.Thedutiesoftheoffice ofemergencyservicesshallbeasdefinedinSection2.12.050. *NOTYETAPPROVED* 8 20200305_TS_24_205  2.08.190DepartmentofPublicWorks. (a)Thedepartmentofpublicworksshallbeunderthedirectionofthedirectorofpublic worksͲcityengineer,whoshallbeaccountabletothecitymanager.Thedutiesofthe departmentofpublicworksshallbeasfollows: (1)Toberesponsiblefortheplanning,design,construction,maintenance,repairand improvementofallcityfacilitiesandpropertyownedoroperatedbythecity,includingthe approvalofplansanddesignsforsuchimprovementswithinthemeaningofCalifornia GovernmentCodesection830.6,exceptasotherwiseprovidedinthiscode; (2)Toassistwiththepreparationofthecapitalimprovementprogramandassistthecity manager,asdirected,inreviewingcapitalprojectbudgetrequests; (3)Toprovideengineeringservicesasrequiredincludingdevelopmentandimplementation ofcapitalimprovementprogramprojects; (4)Toprovidepermittingandinspectionservicesrelatingtoprivateconstructionofpublic facilitiesandprivateconstructionaffectingcityproperty; (5)Toschedulerepairsandpreventativemaintenancetoensurethatthestreetsand sidewalksaremaintainedinasafe,andstructurallysound,andsanitarymanner,andto maintainallmarkingsfortrafficcontrolpaintedorplaceduponthestreetsorcurbs; (6)Tomaintaintrees,parkinglots,pavedbicyclepaths,andunderpassesinasafeand aestheticmanner;andtomaintaintreesadjacenttoelectricpowerlinesinordertominimize electricaloutagescausedbytreelimbs; (7)Tocoordinatetheneedsofthecitydepartmentsintheirrequirementsformotorized equipment,tooperatethecitygarage,activelysuperviseapreventativemaintenanceprogram, keeptheoperatingrecordsofallmotorizedequipmentusedoroperatedbythecity,monitor theuseofpoolcars,andmaintainfuelsitesatcityfacilities; (8)Toberesponsibleforthemanagement,regulation,operation,systemrehabilitation,and capitalimprovementsofthestormwatermanagemententerprise,andtocoordinaterelated activitieswithinterestedmunicipalitiesorspecialdistricts; (9)Toberesponsibleforrefusecollection,sourcereduction,recycling,streetsweeping,and longͲtermresourcerecoveryanddisposalactivitiesoftherefuseenterprise; (10)Toberesponsiblefortheoperationandcapitalimprovementsoftheregionalwater qualitycontrolplant,onbehalfofthecityanditspartneragencieswithintheregionalservice area;thepermittingandenforcementofregulationswithrespecttoindustrialdischargesinto thesewersystem;andthedevelopmentofprogramsandtreatmentmethodstoensurethe maximumfeasiblecompliancewithregulationsprotectingtheSanFranciscoBayand environment; (11)ToberesponsibleforthegeneralaviationoperationandmanagementofthePaloAlto municipalairport,theadoptionandenforcementofgeneralaviationrulesandregulations applicabletopartiesdoinggeneralaviationͲrelatedbusinessattheairport,andthe managementandcontrolofallgeneralaviationandnonͲgeneralaviationͲrelatedleases, licenses,permits,easementsandothercontractsandauthorizationsissuedtoorinconnection withpartiesdoingbusinessattheairport. (12)Toperformsuchotherdutiesasmayberequired.  *NOTYETAPPROVED* 9 20200305_TS_24_205 2.08.200DepartmentofUtilities. (a)Thedepartmentofutilitiesshallbeorganizedandadministeredunderthedirectionofa directorofutilitieswhoshallbeaccountabletothecitymanager.Thedutiesofthedepartment ofutilitiesshallbeasfollows: (1)Toplan,directandcoordinatetheoperationsofthecity'sutilitiesdepartment; (2)Tocoordinatetheforecastingofthecity'slongͲrangeutilityneedsanddevelopfinancial planstoensurethatthecity'sutilitiesrate,reserveandrevenuelevelswillbeabletomeet customerservice,operatingandfinancialrequirements; (3)Toprovideadministrativesupporttotheutilitiesadvisorycommissiononmattersrelating tothedepartment; (4)Togenerateappropriatereportsasmayberequiredbycounty,stateandfederalagencies orbylaw; (5)Tooperatearesponsivecustomerservicecenter,tomanagecustomerserviceutilities billing,inquiriesandcomplaintsandtoprovideafastandcourteousresponsetoeach customer'srequestforutilityservice; (6)Toestablishratestooffsetoperatingcostsofallcityutilityoperationsdesignatedas utilitiesenterprisefundsandtoprovideafairandreasonablerateofreturnonthecity'scapital improvementinvestmentinthoseutilitiesdesignatedasutilitiesenterprisefunds; (7)Toprovidetechnicalorotherefficiencyservicestoenableresidential,commercialand industrialutilitiescustomerstoreducetheiroperatingcosts,improvethequalityofthe environmentandmaintainahighlevelofcustomersatisfaction; (8)ToforecastandplantheacquisitionanddispositionofsufficientleastͲcostresource suppliestomeetexistingandfuturesupplyrequirementsinanenvironmentallyacceptable manner; (9)Tonegotiateforthepurchaseandsaleofwater,gasandelectricityandcontractwith water,gasandelectricpowerproducers,suppliersandmarketersforresourcesupplyatthe bestavailablepriceorcost; (10)Torecommendcapitalconstructionandimprovementsofallutilitysystems,andto administersuchprogramswhenapproved; (11)Toinspectallconstructionworkdonebyorfortheutilitiesandrequirecompliancewith allcontractsmadeinconnectiontherewith; (12)Toprepareorcausetobepreparedallutilitymapsoftheutilities,andtokeepandto maintainsuchrecordsasarenecessaryforthefulfillmentofthisfunction; (13)Toprovideoperations,maintenance,andconstructionnecessarytoensurethesafe, efficientandreliabledeliveryofelectric,water,gasandwastewatercollectionservicestoall customers; (14)Toprovideoperations,maintenance,andconstructionnecessarytoensuretheproper operationofthecity'strafficsignal,streetlightingandcommunicationsystems; (15)Toperformorcausetobeperformedalldutiesrequiredbythiscodeorotherlawofthe directorofutilitiesandthedepartmentofutilities;and (16)Toperformsuchotherdutiesasmayberequired. (b)Fororganizationalpurposes,thedepartmentofutilitiesshallconsistofthefollowing divisions:administration;customersupportservices;resourcemanagement;engineering;and operations. *NOTYETAPPROVED* 10 20200305_TS_24_205  2.08.210DepartmentofCommunityServices. (a)Thedepartmentofcommunityservicesshallbeunderthecontrolofadirectorof communityserviceswhoshallbeaccountabletothecitymanagertocarryoutthedutiesofthis department.Thedutiesofthedepartmentofcommunityservicesshallbeasfollows: (1) Todevelopandprovideprogramsforincreasedknowledge,artisticexpression,physical activity,socialserviceassistance,youthandteenleadership,andenjoymentoftheoutdoors, eitherdirectlyorincooperationwiththeresourcesofthecommunity; (2) Tomanagetheuse,scheduling,andoperationofmunicipalparks;playgrounds;open spacepreserves;swimmingpools;communitycenters;camps;athleticcenters,courtsand fields;golfcourse;theaters;culturalcenters;museums;interpretativecenters;andactivities connectedtherewithinasafemanner; (3) Tomaintainlandscapedareas,includingdistrictandneighborhoodparks,miniͲparks, athleticfields,andothercityfacilitiesinasafeandaestheticmanner;andtomaintainopen spacepreservesinamannerthatissafeandprotectiveofthenaturalenvironment; (4) Toplan,monitor,andcommissionpublicartassociatedwithMunicipalandPrivate Developmentprojects; (5) Toprepareandrecommendannualoperatingandcapitalimprovementbudgets; monitorexpendituresandrevenues;reviewandexercisefinalapprovalauthorityoverall departmentexpenditures;andreviewandanalyzefeestructureandfeecollection; (6) Toprovidestaffadvisoryandtechnicalassistancetothehumanrelationscommission, thepublicartcommission,theparksandrecreationcommissionandsuchsimilargroupsthat maybecreatedorestablished; (7) Toperformorcausetobeperformedalldutiesrequiredbythiscodeorotherlawofthe communityservicesdepartment;and (8) Toperformsuchotherdutiesasmayberequired.  2.08.220DepartmentofPlanningandDevelopmentServices. (a) Thedepartmentofplanninganddevelopmentservicesshallbeunderthecontrolofa directorofplanninganddevelopmentserviceswhoshallbeaccountabletothecitymanagerto carryoutthedutiesofthisdepartment.Thedutiesofthedepartmentofplanningand developmentservicesshallbeasfollows: (1) Maintain,updateandoverseeimplementationoftheCity’sComprehensivePlan; (2) PreparelandusestudiesandanalysissupportingpolicyrecommendationstotheCity Council; (3) Reviewandprocessdevelopmentapplicationsinaccordancewithapplicablelocal,state andfederalregulationsorrulings,includingallfunctionsdesignatedbylawtothebuilding official; (4) ProvidetechnicalassistanceandsupporttothePlanningandTransportation Commission,ArchitecturalReviewBoardandHistoricResourcesBoard; (5) Prepareandsubmitannualreportsrelatedtolanduseplanningandthebuilding industryasrequiredbyCouncildirection,localordinance,stateandfederallaws; (6) IdentifystafftoserveasandtoimplementtheresponsibilitiesoftheADACoordinator asrequiredbytheAmericanswithDisabilitiesAct; *NOTYETAPPROVED* 11 20200305_TS_24_205 (7) Enforcetheprovisionsofthemunicipalcoderelatedtolanduseplanningandzoning, buildingregulationsandotherprovisionsasdirectedbytheCityManager; (8) Maintainrecordsrelatedlanduseplanninganddevelopment,demographicandcensus information;supportadministrativefunctions;preparebalancedbudgets;andfosteran environmentthatpromotesstaffgrowthandprofessionaldevelopmenttoadvancedepartment responsibilitiesandprogramobjectives. (9) Performorcausetobeperformedalldutiesrequiredbythiscodeorotherlawofthe buildingofficial,chiefbuildingofficial,buildinginspector,zoningadministrator,directorof planning,anddirectorofplanningandcommunityenvironment;and, (10)Toperformothersuchdutiesasmayberequired.  2.08.230DepartmentofLibraries. (a)Thedepartmentoflibrariesshallbeorganizedandadministeredunderthecontrolofa directoroflibrarieswhoshallbeaccountabletothecitymanagertocarryoutthedutiesofthe department.Thedutiesofthedepartmentoflibrariesshallbeasfollows: (1)Tomanage,operate,direct,andcontrolacontinuingmunicipallibrarysystemproviding accesstoinformationalservicesfortheresidentsofPaloAlto; (2)Toprovideadministrativesupportforthelibraryadvisorycommissiononmattersrelating tothedepartment; (3)Togenerateappropriatereportsasmayberequiredbycounty,state,andfederal agenciesorbylaw; (4)Toreviewandapproveadult,teen,andchildren'sserviceprogramsandactivities; (5)ToreviewandapprovetechnicalservicesactivitiesspecifiedinLibraryCollection DevelopmentPolicy; (6)Torecommendandmonitorannualoperatingandcapitalimprovementbudgets, reviewingandexercisingfinalapprovalauthorityoveralllibraryexpenditures;establishand monitorinventorycontrolsystemsforalllibraryfurnishingsandmaterial;andreviewand analyzefeestructureandfeecollection; (7)Toperformorcausetobeperformedalldutiesrequiredbythiscodeorotherlawofthe directoroflibrariesandthedepartmentoflibraries;and (8)Toperformsuchotherdutiesasmayberequired.  2.08.240DepartmentofInformationTechnology. (a)Thedepartmentofinformationtechnologyshallbeorganizedandadministeredunder thedirectionofadirectorofinformationtechnologywhoshallbeaccountabletothecity managertocarryoutthedutiesofthisdepartment.Thedutiesofthedepartmentof informationtechnologyshallbeasfollows: (1)Toprovideleadershiptothecitycouncil,citymanageranddirectorsonalignmentof technologywithcityinitiatives,policyandstrategicobjectives; (2)Todirectandmanageinterdepartmentaltechnologygovernance,planningand coordinationactivitiestoaccomplishspecificcityͲwideobjectives; (3)Tomakepresentationsandpreparereportsandplans; (4)Tocoordinatewiththecitymanager,directorsandbusinessmanagerstoaddress problemsandcapitalizeuponopportunitiesastheyarise; *NOTYETAPPROVED* 12 20200305_TS_24_205 (5)Todevelopandimplementorganizationalpoliciesandproceduresregardingappropriate usageoftechnologywithintheorganization; (6)Toinitiateanddevelopinternalandexternalpartnershipstoleveragecitytechnology investments; (7)Todevelopandpresentfundingstrategiestosupporttechnologyinvestments; (8)ToprovidedirectoversightanddirectiononmissioncriticalcityͲwidetechnology; (9)Tonegotiateandreviewcomplexproposalsandcontractsforpurchaseofinformation technology(IT)productsandservices,andtodeveloppartnershipagreements; (10)Toestablishandmaintainaworkingenvironmentconducivetopositivemorale, individualstyle,quality,creativity,andteamwork; (11)Toserveasamemberofleadershipteam,andaddressescityͲwidepolicy,management andstrategicissues,includinginformationsecurityandothercyberrisks; (12)Toformulate,recommendandadministerpoliciesandproceduresgoverningthe operationoftheinformationtechnology(IT)department.EstablishlongͲrangegoalsand implementationplansforservicesprovidedbytheITdepartment; (13)Toplan,developanddirectacomprehensivelongͲtermstrategicplanforautomated systemsneedsfortheCityofPaloAlto,includingcentralizedcomputerapplications,personal computers,andtelecommunicationsfunctions; (14)Tooverseeautomatedsystemswithinthecity,includingprioritizingrequestsfor applicationsdevelopmentorenhancement,hardwareandsoftwarestandards,equipment acquisitionandreplacement; (15)Tocoordinatetechnicalstaffplacedwithinindividualcitydepartments; (16)Topositionthecitytoeffectivelyrespondtotherapidlychangingtechnological environment; (17)Toberesponsibleforplanning,preparingandadministeringtheinformationtechnology departmentbudget,includingoperatingandcapitalbudgets; (18)Toberesponsibleforthefuturedirectionoftheinformationtechnologydepartment, ensuringthecoordinationofthedepartment'seffortwiththeneedsoftheorganization; (19)Tomanageprojectstoincludeoversightoffundingallocations,oversightand coordinationofresources; (20)Toperformsuchotherdutiesasmayberequired.  2.08.250Reserved.  2.08.260OfficeofTransportation. (a)Theofficeoftransportationshallbeunderthedirectionofthechieftransportationofficial whoshallbeaccountabletothecitymanager.Thedutiesoftheofficeoftransportationshallbe asfollows: (1)Toberesponsibleforthefunctionsoftransportationplanning,trafficengineering, parkingmanagement,andtransitplanningforthecity; (2)Toperformothersuchdutiesasmayberequired.  //  *NOTYETAPPROVED* 13 20200305_TS_24_205 SECTION3.AllreferencesinthePaloAltoMunicipalCodethatrefertotheDepartment ofPlanningandCommunityEnvironmentshallmeantheDepartmentofPlanningand DevelopmentServices.AllreferencestotheDirectorofPlanningandCommunityEnvironment shallmeantheDirectorofPlanningandDevelopmentServices.  SECTION4.Section2.30.010(Purposes)ofChapter2.30(ContractsandPurchasing Procedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows(strikethroughtextis deleted,underlinedtextisadded):  2.30.010Purposes. Thischapterdefinesthecontractprocurementpolicies,proceduresandrequirementsfor publicworksconstruction,generalservices,professionalservices,wholesaleutilitycommodities andservices,andcontracts,theperformanceforwhichthecityreceivessubstantialvalue.This chapterestablishesthecontractingauthorityoftheCityManager,theChiefProcurement Officer(“ProcurementOfficer”),designatedemployees,CityManager,CityAttorney,andCity Council(“Council”).Thepurposeofthischapteris:tofosterandencouragetheuseofbest managementpracticesincontractingandpurchasing;toensurequalityandefficiencyinthe procurementofgoods,services,equipment,materialsandsuppliesatthelowestcost commensuratewiththequalityneeded;toprovideforafairandequitableprocurement processutilizingstandardizedsolicitationprocedures;andtomaintainhonestyandintegrityin theprocurementprocess.  SECTION5.Section2.30.020(Scope)ofChapter2.30(ContractsandPurchasing Procedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.020Scope. (a)Contractsforpublicworksconstruction,generalservicesandprofessionalservices, informationtechnologyservices,wholesaleutilitycommoditiesandservicesandotherenergy relatedcontracts,andcontracts,pricequotationsorpurchaseordersforgoods,materials, equipmentandsuppliesshallbesolicitedandawardedpursuanttotheprocedurescontainedin thischapter. (b)NeithertThesolicitationnorandawardpolicies,proceduresandrequirementscontained inthischaptershallnotapplytothefollowing: (1)Subdivisionagreements,improvementagreements,deferredparkingagreements, developmentagreementsandotherlandusecontractsenteredintobetweenthecityand propertyownersordeveloperspursuanttootherpartsofthismunicipalcode; (2)Franchisesandfranchiseagreements; (3)Contractsbetweenthecityandotherpublicentitiesandpublicutilitiesforthecity’s provisionofservicestotheotherentitiesandutilities; (4)Transactionsinvolvingtheacquisition,assignmentanddisposalofinterestsinreal property;and (5)Agreementstoprovidefundspursuanttothehumanservicesresourceallocationprocess orcommunitydevelopmentblockgrantprogram.  *NOTYETAPPROVED* 14 20200305_TS_24_205 SECTION6.Section2.30.040(Centralizedpurchasing)ofChapter2.30(Contractsand PurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.040Centralizedpurchasing. AllacquisitionsandpurchasesshallbemadebyandthroughtheProcurementOfficer,except: (a)Purchasesofgoodsandservicesmadefrompettycashfundsmadeinconformancewith thischapterandpursuanttocontrolproceduresapprovedbytheCityManagerandcontained intheadministrativepoliciesandproceduresmanualmaintainedbytheCityManager; (b)EmergencypurchasesmadeinconformancewiththischapterandFederalEmergency ManagementAgency(“FEMA”)PublicAssistanceProgram’sprocurementorders,orother similarrules,regulations,guidelinesandcontrolproceduresforcostreimbursementpurposes approvedbytheCityManagerandcontainedinthepurchasingmanual; (c)Contractsforlegalservices; (d)Purchasesofgoodsandservices,andinpaymentofpublicworksservices,bycity procurementcard(“PͲcard”)orothercreditcard,madeinconformancewiththischapterand pursuanttocontrolproceduresapprovedbytheCityManagerandcontainedinthepurchasing manual; (e)Purchases,wherethetotalexpenditurebythecitydoesnotexceed$10,000.00,madein conformancewiththischapterandpursuanttocontrolproceduresapprovedbytheCity Managerandcontainedinthepurchasingmanual; (f)Transactionsnegotiatedundermastercontractsforwholesaleutilitycommoditiesand services,asdescribedinSection2.30.140madeinconformancewithSection2.30.340; (g)Mutualaidagreements;and (h)DelegationsmadeaccordingtoSection2.30.230.  SECTION7.Section2.30.120(Generalservicescontract)ofChapter2.30(Contractsand PurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.120Generalservicescontract. Ageneralservicescontractincludesacontractprovidingforwork,labororservicesnot requiringspecializedexperience,knowledgeortrainingwithorwithoutthefurnishingofgoods, materials,suppliesorequipment,including,withoutlimitation: (a)Maintenanceofpublicbuildings,streets,parksandplaygroundsandotherpublic improvements; (b)Repair,modificationandmaintenanceofequipmentorothergoods; (c)Licensing,installationandmaintenanceoforrelatingtoinformationtechnologyproperty, goodsandservices,including,withoutlimitation,computerhardwareandsoftware,and includingtheprovisionofdatastorageservices,unlesstheinformationtechnologyservicesthat wouldrequirespecializedcertification,knowledge,expertise,knowledge,ortrainingare neededandprovided;; (d)Janitorialservices,uniformcleaning,treetrimming,streetsweeping,powerwashingand landscapemaintenance; (e)Leasingorlicensingofgoodsandotherpersonalpropertyforusebythecity;and *NOTYETAPPROVED* 15 20200305_TS_24_205 (f)Generalclassinstruction,including,withoutlimitation,recreationclassinstruction services.  SECTION8.Section2.30.150(Contractsfordarkfiberopticslicensingservices)of Chapter2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeishereby amendedasfollows:  2.30.150Contractsfordarkfiberopticslicensingservices. Acontractfordarkfiberopticslicensingservicesincludesacontractwithanyperson, including,withoutlimitation,atelecommunicationsornonͲtelecommunicationscarrier,an internetservicesprovider,adistributedantennasystemservicesprovider,orasmallcell technologyservicesproviderforthelicensingofcityͲowned,installedandmaintaineddarkfiber opticsandrelatedfacilities,ifany,locatedinthepublicrightsͲofͲwayandpublicutility easements.Atelecommunicationscarrierincludesanypersonsubjecttothe TelecommunicationsActof1996,asamended.,orotherfederallawnoworhereinafterin effect.  SECTION9.Section2.30.200(Procurementofficercontractawardauthority)ofChapter 2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamended asfollows:  2.30.200Procurementofficercontractawardauthority. TheProcurementOfficermayawardandsignthefollowingcontracts: (a)PublicWorksContracts.Publicworkscontracts,wherethetermdoesnotexceedthree years,andthecontractpriceandanypricecontingencyestablishedforchangeorders,but excludingsalestaxorusetax,donotexceed$85,000.00inthefirstcontractyear,anddonot exceedthesumof$85,000.00andanyunexpendedmoniescarriedforwardfromaprior contractyear,inanysubsequentcontractyear. (b)ContractsforGoods.Contractstopurchasegoods,wherethetermdoesnotexceedthree years,andthecontractpriceandanypricecontingencyestablishedforchangeorders,but excludingsalestaxorusetax,donotexceed$85,000.00inthefirstyear,anddonotexceedthe sumof$85,000.00andanyunexpendedmoniescarriedforwardfromapriorcontractyear,in anysubsequentcontractyear. (c)GeneralServicesContracts.Generalservicescontracts,wherethetermdoesnotexceed threeyears,andthecontractpriceandanypricecontingencyestablishedforchangeordersor additionalservices,butexcludingsalestaxorusetax,donotexceed$85,000.00inthefirst contractyear,anddonotexceed$85,000.00andanyunexpendedmoniescarriedforwardfrom apriorcontractyear,inanysubsequentcontractyear. (d)ProfessionalServicesContracts.Professionalservicescontracts,wherethetermdoesnot exceedthreeyears,andthecontractprice,andanypricecontingencyestablishedforadditional services,butexcludingsalestaxorusetax,donotexceedthesumof$85,000.00inthefirst contractyear,anddonotexceedthesumof$85,000.00andanyunexpendedmoniescarried forwardfromapriorcontractyear,inanysubsequentcontractyear. *NOTYETAPPROVED* 16 20200305_TS_24_205 (e)SoftwareandhHardwarepPurchase,lLicensing,andMaintenanceandSupportContracts. NotwithstandingSubsection2.30.200(c),theProcurementOfficermayawardandsign contractsotherthangeneralservicesagreements,including,withoutlimitation,vendorͲbased standardformhardwareandsoftwarepurchaseandlicensingcontracts,forthepurchaseof hardwareandsoftware,thelicensingofsoftware,andthemaintenanceandsupportof hardwareandsoftware,wherethetermoflicensingormaintenanceandsupportservicesdoes notexceedfiveyearsandthecontractprice,excludingsalestaxorusetax,doesnotexceed $85,000.00peryearinthefirstcontractyearanddoesnotexceedthesumof$85,000.00and anyunexpendedmoniescarriedforwardfromapriorcontractyear,inanysubsequentcontract year.Thecontractsreferredtohereinmayincludecontractsfordatastorageservices,which shallbesubjecttothecity'sinformationsecuritypolicies,terms,conditionsandother requirementsestablishedbythechiefinformationofficerwiththeconcurrenceandapprovalof theCityAttorney.  SECTION10.Section2.30.210(CityManagercontractawardauthority)ofChapter2.30 (ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedas follows:  2.30.210CitymManagercontractawardauthority. TheCityManagermayawardandsignthefollowingcontracts: (a)PublicWorksContracts.Publicworkscontracts,wherethetermdoesnotexceedthree years,andthecontractpriceandanypricecontingencyestablishedforchangeorders,but excludingsalestaxorusetax,donotexceed$250,000.00inthefirstcontractyear,anddonot exceedthesumof$250,000.00andanyunexpendedmoniescarriedforwardfromaprior contractyear,inanysubsequentcontractyear. (b)ContractsforGoods.Contractstopurchasegoods,wherethetermdoesnotexceed threeyearsandthecontractpriceandanycontingencyestablishedforchangeorders,but excludingsalestaxorusetax,donotexceed$250,000.00inthefirstcontactyear,anddonot exceedthesumof$250,000.00andanyunexpendedmoniescarriedforwardfromaprior contractyear,inanysubsequentcontractyear. (c)GeneralServicesContracts.Contractsforservicesassociatedwiththeleasingorlicensing ofpersonalpropertyotherthanhardwareorsoftware,wherethetermdoesnotexceedseven years,andthecontractpriceandanypricecontingencyestablishedforchangeorders,but excludingsalestaxorusetax,donotexceed$85,000.00inthefirstcontractyear,anddonot exceedthesumof$85,000.00plusanyunexpendedmoniescarriedforwardfromaprior contractyear,inanysubsequentcontractyear. (d)ContractsforStudiesandServicesRelatedtoPrivateDevelopment.Professionalservices contractsfor:(1)thepreparationofenvironmentalassessmentsorotherstudiesdeemed necessarybythedirectorofplanningandcommunityenvironmentfortheprocessingof applicationsforprivatedevelopmentprojects,or(2)inspectionandplanreviewservices deemednecessarybythedirectorofplanningandcommunityenvironmenttoevaluate conformityofprivatedevelopmentprojectswithapplicablebuildingcodes,regardlessofthe costortermthereof,providedtheapplicantfortheprivatedevelopmentprojectagrees,in *NOTYETAPPROVED* 17 20200305_TS_24_205 writing,tobearresponsibilityfortheentirecontractcost,andthecontractdoesnotrequirethe expenditureofcityfundsinanyamount. (e)Rewards.TheCityManagermayofferandpayrewardswheretheamountofthereward doesnotexceed$25,000.00,inaccordancewiththeproceduresofSection2.30.800. (f)EmergencyContracts.TheCityManagerisauthorizedtoexpendcityfundsforemergency contracts,asdefinedinSection2.30.160,withoutlimitationonthecontractcostoramountand withoutfollowingthecontractsolicitationandawardproceduresotherwiserequiredbythis chapter,providedthatanyprocurementofgoodsandservicesobtainedduringanemergency declaredbytheFederalEmergencyManagementAgencyshallcomplywithapplicableFEMA PublicAssistanceProgram'sprocurementorders,rules,regulations,guidelinesandcontrol proceduresforcostreimbursementpurposes.Expendituresmadeduringanemergencymust bereportedtotheCouncilatthenextregularmeetingifapprovalforsuchexpenditureswould otherwisehavebeenmadebytheCouncil.TheCityManagermayissueaverbalreporttothe Councilbeforeawrittenreportisdelivered. (g)ContractstoRent,Lease,License,Acquire,TransferorPurchaseInterestsinRealProperty fromOtherParties.Contractsfortherental,leasing,licensing,orpurchasebyinstallment interestsinrealpropertyfromotherpartiesforatermofsevenyearsorless,wherethe contractpricedoesnotexceed$85,000.00peryear,ortoencumberortransferanyinterestin realpropertyfromotherpartiesforanytermofyears.TheCityManagermayenterintoand signacontracttoacquireorpurchaseaninterestinrealproperty,wherethecontractprice doesnotexceed$85,000.00. (h)ContractstoRent,Lease,orLicenseCityRealPropertytoOtherParties.Theauthority grantedunderthisSectionisdistinctfromtheauthorityofthedirectorofcommunityservices tograntindividualsandgroupspermitsfortheexclusivetemporaryuseofbuildingsand facilitieslocatedin,andtheareasof,cityparksandopenspaces,asdescribedinChapter 22.04ofthismunicipalcodeorintheparkandopenspaceregulations.TheCityManagermay awardandsigncontractstorent,leaseorlicensecityrealpropertytootherpartiesregardless ofthepriceforatermnotexceedingthreeyears.Notwithstandingtheprecedingsentence,the CityManagermayenterintoandsigncontractsfortherental,leaseorlicensingofrealproperty attheCubberleyCommunityCenterfortermsofuptofiveyears. (i)ContractstoProvideMunicipalServicestootherPublicEntitiesorUtilities.Acontractto providemunicipalservicesandfunctionstoanyotherpublicagency,publicutilityorother publicentityinanyamountforatermnotexceedingthreeyears,providedthecontractisin compliancewithallCouncilͲadoptedpoliciescoveringsuchcontracts.Theauthoritygranted hereindoesnotincludetheauthorityoftheCityManagertoaddpermanentemployee positions. (j)ContractsProvidingforIndemnityorRiskofLoss.TheCityManager,withtheconcurrence andapprovaloftheCityAttorneyandtheinsuranceriskmanager,mayenterintoandsign contracts,otherwisewithinthelimitsofhisorherauthorityunderSection2.08.140ofthis municipalcode,thatprovideforthecityoritsofficersoremployeestodefend,indemnify,or assumetheriskofdamage,loss,orliabilityfor,orsubrogatetoanyothercontractingparty respectingclaims,demands,actions,lossesorliabilitiesarisingfromthecity'sperformanceor nonͲperformanceunderthecontract. *NOTYETAPPROVED* 18 20200305_TS_24_205 (k)WholesaleUtilityCommoditiesandServicesContracts.Wholesaleutilitycommoditiesand servicescontracts,wherethetermdoesnotexceedfiveyearsandthecontractpricedoesnot exceed$250,000.00inanycontractyear. (l)SoftwareandHardwarePurchase,Licensing,andMaintenanceandSupportContracts. NotwithstandingSubsection2.30.210(c),theCityManagermayawardandsigncontractsother thangeneralservicesagreements,including,withoutlimitation,vendorͲbasedstandardform hardwareandsoftwarepurchaseandlicensingcontracts,forthepurchaseofhardwareand software,thelicensingofsoftware,andthemaintenanceandsupportofhardwareand software,wherethetermoflicensingormaintenanceandsupportservicesdoesnotexceed sevenyearsandthecontractprice,excludingsalestaxorusetax,doesnotexceed$85,000.00 peryearinthefirstcontractorfiscalyearanddoesnotexceedthesumof$85,000.00andany unexpendedmoniescarriedforwardfromapriorfiscalyear,inanysubsequentcontractor fiscalyear.Thecontractsreferredtohereinmayincludecontractsfordatastorageservices, whichshallbesubjecttothecity'sinformationsecuritypolicies,terms,conditionsandother requirementsestablishedbythechiefinformationofficerwiththeconcurrenceandapprovalof theCityAttorney. (m)OtherContracts.Allothertypesofcontractsforwhichthecontracttermdoesnot exceedthreeyearsandthetotalexpenditurebythecitydoesnotexceed$85,000.00inthefirst contractorfiscalyear,anddoesnotexceedthesumof$85,000.00andanyunexpendedmonies carriedforwardfromapriorfiscalyear,inanysubsequentcontractorfiscalyear.  SECTION11.Section2.30.220(CityAttorneycontractawardauthority)ofChapter2.30 (ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedas follows):  2.30.220CityaAttorneycontractawardauthority. TheCityAttorneymayawardandsigncontractsforlegalservices,including,without limitation,servicesprovidedbyoutsidecounsel,investigators,consultantsandotherexperts neededforlitigationorotheradministrativeandlegalproceedings,tobeprovidedtothecity foranytimeperiod,wherethecontractpriceandanycontingencyestablishedforadditional services,butexcludingsalestaxorusetax,donotexceedthesumof$85,000.00inthefirst contractorfiscalyear,anddonotexceedthesumof$85,000.00andanyunexpendedmonies carriedforwardfromapriorfiscalyear,inanysubsequentcontractorfiscalyear.Inadditionto theauthoritydescribedherein,theCityAttorneymaysigncontracts,wherethecontractprice exceedstheamountssetforthabove,providedtheCouncilhasfirstapprovedtheuseofsuch services.  SECTION12.Section2.30.225(Wholesaleutilitycommoditytransactions)ofChapter 2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamended asfollows:  2.30.225Wholesaleutilitycommoditytransactions. TheCityManager,thedirectorofutilitiesandtheirdesignatedemployeesmayenterintoand executetransactionsforwholesaleutilitiescommoditiesandservicesinaccordancewiththe *NOTYETAPPROVED* 19 20200305_TS_24_205 authority,limitsandproceduressetforthintheEnergyRiskManagementPoliciesGuidelines andProceduresManual,asamendedfromtimetotime.Employeesauthorizedunderthis Sectionshallbeauthorizedinwritingandthewrittenauthorizationsshallbekeptonfilebythe ProcurementOfficer.  SECTION13.Section2.30.230(Designatedemployeepurchasesof$10,000.00orless)of Chapter2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeishereby amendedasfollows:  2.30.230Designatedemployeepurchasesof$10,000.00orless. Employeesauthorized,inwriting,bytheirdepartmentheadsmayawardandsigncontracts forthepurchaseofgoodsandtheprocurementofgeneralservices,wherethecontractprice doesnotexceed$10,000.00andthecontracttermdoesnotexceedoneyear.Allpurchasesand procurementsshallbemadeinaccordancewiththecontractingproceduresandrequirements containedinthischapterandinthepurchasingmanual.Thewrittenauthorizationsof departmentheadsshallbekeptonfilebytheProcurementOfficer.  SECTION14.Section2.30.240(Designatedemployees’useofpettycash,andcitycredit card)ofChapter2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeis herebyamendedasfollows:  2.30.240Designatedemployees’useofpettycash,PͲcardorotherandcitycreditcard. Employeesauthorizeddesignatedinwritingbytheirdepartmentheads,includingby completedPͲcardauthorizationrequestform,maymakepurchasesbyusingpettycashormake paymentsbyusingacityPͲcardorothercreditcard.Allpurchasesshallbemadeinaccordance withthecontractingproceduresandrequirementscontainedinthischapterandinthe purchasingmanual.Thewrittenauthorizationsofdepartmentheadsshallbekeptonfilebythe ProcurementOfficerorotherdesignatedemployee.  SECTION15.Section2.30.280(Authoritytomodifyandterminatecontractsnot approvedorawardedbytheCouncil)ofChapter2.30(ContractsandPurchasingProcedures)of thePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.280Authoritytomodifyandterminatecontractsnotapprovedorawardedbythe Council. (a)Eachemployeewithcontractingauthorityconferredbythischaptermayauthorizeand signamendmentsorchangeorderstocontractsheorsheawardedundertheauthoritygranted inthischaptersubjecttothefollowing: (1)Allmodificationstocontracts,including,withoutlimitation,changestothescopeofwork, quantityofgoods,priceortermshallbemadeinwritingandaccomplishedinaccordancewith thetermsoftheoriginalcontract; (2)Theamendmentorchangeordertoacontractshallnotcausethecontract,asmodified, toexceedthemonetaryortermlimitsofthatcityemployee'scontractingauthority,as describedinthischapter,exceptthatthecityemployeemayextendthetermofacontract, *NOTYETAPPROVED* 20 20200305_TS_24_205 withnoincreaseinthecompensationpayable,foraperiodnottoexceedsixconsecutive monthsbeyondthetermlimitsofhisorhercontractingauthority;and (3)Forcontractsawardedunderanexemptionfromcompetitivesolicitationpursuantto Section2.30.360orbyCouncilaction,theamendmentorchangeordertoacontractshallnot causethecontract,asmodified,toexceedthescopeoftheexemptionfromcompetitive solicitation. (b)Eachcityemployeewithcontactingauthorityconferredbythischaptershallhavethe authoritytoterminatethecontractinaccordancewiththecontract'stermsandconditions.  SECTION16.Section2.30.300(Publicworkscontracts)ofChapter2.30(Contractsand PurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.300Publicworkscontracts. Publicworkscontractsthatarenotexemptfromthecompetitivesolicitationrequirements underSection2.30.360orbycCouncilactionshallbesolicited,asfollows: (a)Publicworkscontracts,providingforanestimatedexpenditureof$85,000.00orless,and nototherwiserequiredtobeformallybidbytheCharter,shallbesolicitedbyinformal invitationforbidsinaccordancewithSection2.30.400. (b)Publicworkscontracts,providingforanestimatedexpenditureexceeding$85,000.00, shallbesolicitedbyformalinvitationforbidsinaccordancewithSection2.30.420. (c)ArticleVII,Section6oftheCityCharterrequiresformalbiddingforpublicworkscontracts fundedbybondedindebtednessofthecityorbyassessmentagainstparticularpropertyinPalo Alto.Section2.30.300requirestheformalbiddingofallpublicworkscontractsexceeding $85,000.00,unlessanexemptionisprovidedbySection2.30.360orisotherwiseauthorizedby CouncilunderSection2.30.300(d). (d)DesignͲbuildcontracts,totheextentdebtfinancinglimitationsdonotapply,thatprovide foranexpenditureofmorethan$85,000.00shallbesolicitedbyrequestsforproposalsin accordancewithSection2.30.490.Despiteanylawtothecontrary,thedesignͲbuildmethodof deliverymaybeusedforanypublicworkscontract,including,withoutlimitation,anydesignͲ buildͲoperatecontracts,wheretheCityManagerdetermines,inwriting,thedeliverymethod willbestfulfilltherequirementsofthepublicworksproject. (e)TheCouncilmaydeterminethataparticularpublicworksprojectmaybesolicitedand contractedforbyusingalternateprojectdeliverymethods,including,withoutlimitation, constructionmanageratͲriskorcompetitivenegotiation.AnyCouncilactionauthorizingan alternateprojectdeliverymethodshallsetforththereasonsandfactualbasissupportingthe useofthealternateprojectdeliverymethodfortheprojectanddescribethesolicitation methodtobeusedandthecriteriafordeterminingthesuccessfulbidder,towhomthepublic workscontractshouldbeawarded.  //  //  // *NOTYETAPPROVED* 21 20200305_TS_24_205 SECTION17.Section2.30.310(Contractsforgoods)ofChapter2.30(Contractsand PurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows):  2.30.310Contractsforgoods. Contractsforgoods,notexemptfromthecompetitivesolicitationrequirementsunder Section2.30.360orbyCouncilaction,shallbesolicited,asfollows: (a)Contractsforgoods,providingforanestimatedexpenditurebythecityof$50,000.00or less,shallbesolicitedbyinformalinvitationforbidsinaccordancewiththeprovisionsof Section2.30.400;and (b)Contractsforgoods,providingforanestimatedexpenditurebythecityexceeding $50,000.00,shallbesolicitedbyformalinvitationforbidsinaccordancewiththeprovisionsof Section2.30.420.  SECTION18.Section2.30.320(Generalservicescontracts)ofChapter2.30(Contracts andPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.320Generalservicescontracts. Generalservicescontracts,notexemptfromthecompetitivesolicitationrequirementsunder Section2.30.360orbyCouncilaction,shallbesolicited,asfollows: (a)Generalservicescontracts,providingforanestimatedexpenditurebythecitynot exceeding$50,000.00,shallbesolicitedbyinformalinvitationforbidsorinformalrequestfor proposalsinaccordancewithSection2.30.400. (b)Generalservicescontracts,providingforanestimatedexpenditurebythecityexceeding $50,000.00shallbesolicitedbyformalinvitationforbidsinaccordancewith Section2.30.420orbyformalrequestforproposalsinaccordancewithSection2.30.410. (c)TheProcurementOfficershalldetermine,afterconsiderationofwhethertheneedsofthe cityorthecircumstancesrequirethatacontractshouldbeawardedbasedonsignificantfactors inadditiontoprice,whethertheservicessubjecttoageneralservicescontractshallbesolicited bybidorrequestforproposals.  SECTION19.Section2.30.330(Professionalservicescontracts)ofChapter2.30 (ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedas follows):  2.30.330Professionalservicescontracts. Professionalservicescontracts,notexemptfromthecompetitivesolicitationrequirements underSection2.30.360orbyCouncilaction,shallbesolicited,asfollows: (a)Professionalservicescontracts,providingforanestimatedexpenditurebythecitynot exceeding$85,000.00,shallbesolicitedbyinformalrequestforproposalsinaccordancewith Section2.30.400. (b)Professionalservicescontracts,providingforanestimatedexpenditurebythecity exceeding$85,000.00,shallbesolicitedbyformalrequestforproposalsinaccordancewith Section2.30.410. *NOTYETAPPROVED* 22 20200305_TS_24_205 (c)InlieuofthesolicitationrequirementssetforthinSubsections(a)and(b),professional servicescontractsinanyamountmaybeawardedfromalistofqualifiedprofessionalstobe createdandmaintainedbytheProcurementOfficer,solongasthelistiscreatedandtheaward ofcontracttoanentityonthelistisincompliancewithprocedurescontainedinthischapter andinthepurchasingmanual.  SECTION20.Section2.30.340(Contractsforwholesaleutilitycommoditiesandservices) ofChapter2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeis herebyamendedasfollows):  2.30.340Contractsforwholesaleutilitycommoditiesandservices. (a)SolicitationofContracts. (1)ContractsforthepurchaseorsaleͲincidentalͲtoͲpurchaseofwholesaleutility commoditiesandservices,providingforanestimatedexpenditurenotexceeding$85,000.00, shallbesolicitedbyinformalinvitationforbidsorinformalrequestforproposalsinaccordance withSection2.30.400.ContractsforthepurchaseorsaleͲincidentalͲtoͲpurchaseofwholesale utilitycommoditiesandservices,providingforanestimatedexpenditureexceeding$85,000.00, shallbesolicitedbyformalinvitationforbids,formalrequestforproposals,orcombination thereof,inaccordancewithSection2.30.410,2.30.420or2.30.430orthroughsolicitationof counterpartiesenabledtotransactunderaCouncilͲapprovedmasteragreementinaccordance withSection2.30.340(a)(3). (2)CouncilshallpreͲapprovestandardformmasteragreementtemplatesforwholesale utilitycommoditiesandservicesandsuchagreementshallbemadepubliclyavailable. (3)WheneverthecitydesirestoawardacontractunderaCouncilͲapprovedmaster agreementforwholesaleutilitycommoditiesandservices,anycounterpartywhichhas executedaCouncilͲapprovedmasteragreementwiththecity,andisotherwiseeligibletobid fororproposeinregardtotheparticulartransactioninaccordancewiththeEnergyRisk ManagementPolicy,Guidelines,andProceduresManual,maybesolicitedinwriting.The counterpartyofferingthepriceandotherrequiredproductandperformancetermsand conditionsforwholesaleutilitycommoditiesandservicesdeemedtobethemostadvantageous tothecityshallbeeligibleforanawardofcontractrespectingthetransaction. (b)DelegationofMasterAgreementTermsandConditions.Formasteragreementsand othercontractsforwholesaleutilitycommoditiesandservicesnototherwisewithintheCity Manager'sauthoritytoaward,theCouncilmayauthorizetheCityManagertoawardandsign contractswithqualified,eligiblecounterparties.TheCouncilauthorizationshallspecifythe limitsoftheauthoritydelegated,includingthemaximumexpenditurelimitoftheauthorityand thetermsofthecontractsand/ortransactionsthatmaybeexecutedunderthedelegationof authority. (1)Electricitymasteragreements.AnyCouncilactiondelegatingauthoritytotheCity Managertocontractforelectricitycommoditiesandservicesshallspecifygenerallyatleastthe followingtermsandconditions:quantityandthedescriptionofenergyandenergyservicesto beprocured,including,withoutlimitation:onͲpeakandoffͲpeakenergyandancillaryservices; term,specifyinganotͲtoͲexceedperiodoftime;periodofdeliverydenotedinyearsormonths oryearsandmonths;andpointofdelivery. *NOTYETAPPROVED* 23 20200305_TS_24_205 (2)Gasmasteragreements.AnyCouncilactiondelegatingtheauthoritytocontractforgas commoditiesandservicesshallspecifygenerallyatleastthefollowingtermsandconditions: quantityandthedescriptionofgasservicestobeprocured,including,withoutlimitation: scheduledgasandgastransportationservices;term,specifyinganotͲtoͲexceedperiodoftime; periodofdeliverydenotedinyearsormonthsoryearsandmonths;andpointofdeliveryofthe locusontheinterstatetransmissionsystematwhichtransferoftitleismade. (c)RequiredContractTermsforWholesaleUtilitiesCommoditiesandServices Contracts.Thecityshallusestandardformcontracts,aspracticable,including,without limitation,formcontractscopyrightedbytheEdisonElectricInstitute,theWesternStates PowerPoolInc.,Inc.,theNorthAmericanEnergyStandardsBoard,Inc,andcontractsusedby thecity's"feedͲintariff"energyprogram.UnlesswaivedbyCouncilaction,acontractforgasor electricitywholesaleutilitycommoditiesandservices,andanyamendmenttothatcontract, shallnotbeawardedbythecityandexecutedbythedulyauthorizedrepresentativesofthe city,unlessthefollowingtermsandconditionsarerequired:(1)governinglawshallbethelaws ofthesStateofCalifornia;(2)choiceofvenueshallbethecountyofSantaClara;and(3)a counterpartyshallobtainandmaintainduringthetermofthecontracttheminimumcredit ratingestablishedasofthedateofawardofcontractofnotlessthanaBBBͲcreditrating establishedbyStandard&Poor’sandaBaa3creditratingestablishedbyMoody'sInvestors Services. (d)PublicAgencyContracts.ThecitymayprocureandmakesalesͲincidentalͲtoͲpurchaseof wholesaleutilitycommoditiesandservicesfromenergycounterpartiesthroughpublicagencies, including,withoutlimitation,theNorthernCaliforniaPowerAgencyandthefederalWestern AreaPowerAdministration. (1)Thecitymayengagethepublicagencytoactastheagentofthecitytoprocure wholesaleutilitycommoditiesandservices,providedthatthepublicagencyconductsa competitiveselectionprocessandawardsoneormorecontractsinsubstantialcompliancewith thecontractprocurementproceduresandrequirementsofthischapter,unlesssuchsubstantial complianceiswaivedbytheCouncilactionaccompaniedbyfindingsinsupportofthewaiver. (2)TheCityAttorneyshalldeterminewhetherthecontractprocurementprocessofthe publicagencysubstantiallycomplieswiththeprovisionsofthischapter.Forthepurposesof thisSection2.30.340,thepublicagency'scompetitiveselectionprocess,ifany,shallbedeemed tosubstantiallycomplyifthepublicagency: a.conductsaformaloraninformalinvitationforbidsdingorrequestforproposalsprocess tosolicitbidsorproposalsfortheprovisionofwholesaleutilitycommoditiesandservices; b.executesastandardformcontract,including,withoutlimitation,aformcontract copyrightedbytheEdisonElectricInstitute,theWesternStatesPowerPool,Inc.Inc.,orthe NorthAmericanEnergyStandardsBoard,Inc.;and c.unlesswaivedbytheCouncil,thestandardformcontractrequiresorspecifies: 1.thegoverninglawshallbethelawofthesStateofCalifornia; 2.thechoiceofvenueshallbeidentifiedaccordingtoeitherthecountyinwhichsuchpublic agencydoesbusiness,orthepreferenceforfederalorstatecourtjurisdictionoverthepublic agency,theenergycounterparty,andthecontract;and 3.theenergycounterpartyshallobtainandmaintainduringthetermofthecontractthe minimumcreditratingestablishedasofthedateofawardofcontractofnotlessthanaBBBͲ *NOTYETAPPROVED* 24 20200305_TS_24_205 creditratingestablishedbyStandard&Poor’sandaBaa3creditratingestablishedbyMoody's InvestorsServices. (e)EnergyRiskManagementPolicy,GuidelinesandProceduresManual.Allprocurementof wholesaleutilitycommoditiesandservices,shallconformtotherequirementsoftheEnergy RiskManagementPolicy,GuidelinesandProceduresManual.  SECTION21.Section2.30.360(Exemptionsfromcompetitivesolicitationrequirements) ofChapter2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeis herebyamendedasfollows:  2.30.360Exemptionsfromcompetitivesolicitationrequirements. Thefollowingareexemptionsfromtheinformalandformalcompetitivesolicitation requirementsofthischapter,exceptasotherwiseprovided.Theseexemptionswillbenarrowly interpretedandapplied.Thedepartmentrequestinganexemptionshallprovideallrelevant informationsupportingtheapplicationoftheexemptiontotheProcurementOfficer.Based uponthisinformation,theProcurementOfficershallmakearecommendationtotheCity ManagerandtheCityManagershalldeterminewhetheranexemptionfromthecompetitive solicitationrequirementsapplies.Nothinghereinisintendedtoprecludetheuseof competitivesolicitations,aspracticable. (a)EmergencyContracts,providedthatanyprocurementofgoodsandservicesobtained duringanemergencydeclaredbytheFederalEmergencyManagementAgencyshallcomply withapplicableFEMAPublicAssistanceProgram'sorders,rules,regulations,guidelinesand controlproceduresforcostreimbursementpurposes. (b)Wheneversolicitationsofbidsorproposalswouldforanyreasonbeimpracticable, unavailingorimpossible,providedthatinthecaseofapublicworksproject,theprojectisnot otherwiserequiredbythechartertobeformallybid.Thesesituationsarethosewhere solicitationsofbidsorproposalswouldnotbeusefulorproduceanyoperationalorfinancial advantageforthecity.Situationswheresolicitationsofbidsorproposalswouldbe impracticable,unavailingorimpossible,include,withoutlimitation,thefollowing: (1)Contractspecificationscannotbedrawninawaythatwouldenablemorethanone vendor,consultantorcontractortomeetthem; (2)Duetocircumstancesbeyondthecontrolofthecity,thetimenecessarytousethe competitivesolicitationprocess,proceduresandrequirementswouldresultinasubstantial economiclosstothecityorthesubstantialinterferencewitharequiredcityoperation; (3)Specialconditionsattachedtoagrant,donationorgiftrequirestheuseofparticular goodsand/orservices. Allrequestsforexemptionsunderthissubsectionshallbesupportedbywritten documentation(facsimileorelectronicmailmaybeused),approvedbythedepartmenthead andtheProcurementOfficer. (c)Wherecompetitivebidsorrequestsforproposalshavebeensolicitedandnobidor proposalhasbeenreceived,orwherenobidorproposalmeetingtherequirementsofthe invitationtobidorrequestforproposalshasbeenreceived,providedthat,inthecaseofa publicworksproject,theprojectisnototherwiserequiredbythechartertobeformallybid. *NOTYETAPPROVED* 25 20200305_TS_24_205 (d)Contractsforgoods,wholesalecommoditiesandservices,generalservicesor professionalservicesavailablefromonlyonesource,wheretheProcurementOfficerhas determined,inwriting,thereisnoadequatesubstituteorequivalentprovider.Examplesof acceptablesolesourceacquisitionsorpurchasesmayinclude,withoutlimitation:equipmentor servicesforequipment,forwhichthereisnocomparablecompetitiveproductorserviceexcept thatprovidedbytheequipmentmanufacturer,distributorordealer;proprietaryproductssold directlybythemanufacturer;acomponentorreplacementpart,forwhichthereisno commerciallyavailablesubstituteandwhichcanbeobtainedonlyfromthemanufacturer; goodswherethereisonlyoneauthorizeddistributorinthearea;andgoodswhere compatibilitywithgoodsinusebythecityisanoverridingconsideration.Allrequestsforsole sourceacquisitionsorpurchasesshallbesupportedbywrittendocumentation(facsimileor electronicmailmaybeused),approvedbytheofficeordepartmenthead,andforwardedtothe ProcurementOfficer. (e)Contractsforgoodswhere,pursuanttoSection2.30.900,theCityManagerhas determinedthatstandardizationofthesupplies,materialsorequipmentispermissible. (f)Placementofinsurancecoverageandsuretybonds. (g)Legalservicescontracts,including,withoutlimitation,theservicesofoutsidecounsel, consultantsandotherexpertsneededforlitigation,administrativeorotherlegalproceedings. (h)Professionalservicescontractsforprivatedevelopmentrelatedstudiesandservices whenevertheservicesarefundedwhollybyprivatedevelopers. (i)Professionalservicescontracts,wheretheestimatedtotalexpenditurebythecity, regardlessofterm,doesnotexceed$50,000.00. (j)Cooperativepurchases,withoneormoreotherpublicagenciesorthroughacooperative purchasingagency,provided:(i)theservicesaresolicitedusingmethodssubstantiallysimilarto thoserequiredbythischapter,asdeterminedbytheProcurementOfficer;and(ii)thecontract isconsistentwiththerequirementsspecifiedinthismunicipalcode. (k)Theuseofanothergovernmentalorpublicagency'scontractorsubstantiallythesame contracttermsprovided:(i)theagencyusesasolicitationmethodsubstantiallysimilartothe methodrequiredbythischapter;(ii)thecontractisconsistentwiththerequirementsspecified inthismunicipalcode;and(iii)theProcurementOfficerdeterminesthatthecitywillrealize overallvaluetoutilizingtheotheragency'scontractorcontracttermscomparedtothecity performingitsownsolicitation. (l)Contractswith,orsolicitedonthecity'sbehalfby,NorthernCaliforniaPowerAgency, TransmissionAgencyofNorthernCalifornia,andWesternAreaPowerAdministrationto procurewholesaleutilitycommoditiesandservicesthatmeettherequirementsof Section2.30.340(d)or2.30.3460(k). (m)ContractswithPacificGasandElectricCompanyandtheCaliforniaIndependentSystem OperatorCorporationforenergytransmissionservicestotheextentnecessaryandexpedient toprovideforthegeneralhealth,safetyandwelfareofthecity'sutilitycustomers. (n)Contractswithanypublicagencyorgovernmentalbodytoconstructapublicwork,where theProcurementOfficerdeterminesthepublicagencyorgovernmentalbodyhasused methodssimilartothoserequiredbythischaptertocontractforthepublicwork. (o)Contractswithanypublicutilityholdingacertificateofpublicconvenienceandnecessity oranyentityholdingacableserviceorvideoservicefranchisepursuanttochapter2.10ofthis *NOTYETAPPROVED* 26 20200305_TS_24_205 municipalcodetoconstructapublicworks,wheresuchworksinvolvespropertyofsuchpublic utilityorcableserviceorvideoservicefranchiseeandisotherwiseofdirectconcerntoboththe cityandsuchpublicutilityorcableserviceorvideoservicefranchisee,providedthattheproject isnototherwiserequiredbythechartertobeformallybid. (p)Contractswithprivatedeveloperstoconstructpublicimprovementsinconnectionwith theirdevelopmentprojects,evenifthecitycontributesfundstotheimprovementproject, providedthattheprojectsarenototherwiserequiredbythechartertobeformallybid. (q)Projects,wherethepublicworkisperformedbythecitywithitsownemployees. (r)Contracts,wheretheestimatedtotalexpenditurebythecitydoesnotexceed$10,000.00. (s)Contractswithentitiestoprocureatwholesalepricesutilitycommoditiesandservices underacity"feedͲintariff"energyprogramthatmeetstherequirementsofSection2.30.340(c). (t)Professionalservicescontractsinrelationtopersonnelmattersfor:recruitment consultants,workplaceinvestigations,threatassessments,conflictintervention,andindustrial safety.  SECTION22.Section2.30.400(Informalbidsorproposals)ofChapter2.30(Contracts andPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.400Informalinvitationforbidsorrequestforproposals. (a)AnIinformalinvitationforbidsorrequestforproposalsmaybesolicitedbyany reasonablemeans,including,withoutlimitation,mail,telephone,facsimiletransmission,eͲmail orpostingtothecity'swebsite.Quotationsshallbesolicitedfromaminimumofthreebidders orproposers;ifquotationsfromthreebiddersorproposerscannotbeobtainedbytheexercise ofduediligence,quotationsshallbesolicitedfromlessthanthreebiddersorproposers,as practicable.TheProcurementOfficershallmaintainarecordofallinformalinvitationsforbids andinformalrequestsforproposalsreceivedbythecityforaperiodoftimeincompliancewith Californialawandthecity'srecordsretentionschedule. (b)AnIinformalinvitationforbidsshallbeawardedtothelowestresponsiveandresponsible bidders,asdescribedinSection2.30.440. (c)AnIinformalrequestforproposalsshallbeawardedonthebasisoftheproposaldeemed mostadvantageoustothecitybasedonthefactorssetforthinSection2.30.410(e). (d)Ifacontract,pricequotation,orpurchaseorderismadeorawardedtootherthanthe consultantorcontractorsubmittingthelowestpriceinitsquotation,bidorproposal,the ProcurementOfficershallpreparetherecordofthetransaction,inwriting,containingthe reasonsorgroundsforthedecisiontoawardthecontract.  SECTION23.Section2.30.410(Formalrequestforproposals)ofChapter2.30(Contracts andPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.410Formalrequestforproposals. (a)Advertising.Contractsthatmustbesolicitedbyformalrequestforproposalsshallbe solicitedbynoticerequestingproposalsbyadvertisingthenoticesrequestingproposalsonthe City’swebsitefornofewerthanfivedayspriortothedatesetforthesubmissionofproposals. Aspracticable,proposalsshallbesolicitedfromaminimumofthreeproposers. *NOTYETAPPROVED* 27 20200305_TS_24_205 (b)Proposalsubmittal.Therequestforproposalsshallspecifythedate,timeandplacefor submittingproposalsanddescribethescopeandtimeframeforthedeliveryoftheproposed solutionrequested,theinformationtobesubmittedbytheproposer,andthecriteriafor evaluatingtheproposal. (c)Proposalopening.Proposalsreceivedafterthespecifieddateandtimeshallnotbe acceptedandshallbereturnedunopenedunlessopeningisnecessaryforidentification purposes. (d)Award.Thecontractshallbeawardedonthebasisoftheproposaldeemedmost advantageoustothecity. (e)Thefollowingfactorsshallbeconsideredindeterminingtheproposaldeemedmost advantageoustothecity: (1)Qualityoftheproposal; (2)Quality,performanceandeffectivenessofthesolution,goodsand/orservicestobe providedbytheconsultantorthecontractor; (3)Consultantorcontractor’sexperience,includingtheexperienceofstafftobeassignedto theproject,withengagementsofsimilarscopeandcomplexity; (4)Costtothecity; (5)Consultantorcontractor’sfinancialconditionandstability; (6)Consultantorcontractor’sabilitytoperformthecontractwithinthetimespecified; (7)Consultantorcontractor’spriorrecordofperformancewiththecityorotherlocal, countyorstateagency,ifapplicable; (8)Consultantorcontractor’sabilitytoprovideinthefutureanymaintenance,repairs,parts and/orservices,ifapplicable; (9)Consultantorcontractor’scompliancewithapplicablelaws,regulations,policies (includingcityCouncilpolicies),guidelinesandordersgoverningpriororexistingcontracts performedbytheconsultantorcontractor;and (10)Anyotherfactororfactorsthecitydeemsrelevantasspecifiedintherequestfor proposals.  SECTION24.Section2.30.420(Formalbids–Notice,submittal,opening)ofChapter 2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamended asfollows:  2.30.420Formalinvitationforbids–Notice,submittal,opening. (a)Advertising.Contractsthatmustbesolicitedbyformalinvitationforbidsshallbe solicitedbynoticesinvitingbidsbyadvertisingthenoticesinvitingbidsontheCity'swebsitefor nofewerthanfivedayspriortothedatesetforreceivingbids.Aspracticable,bidsshallbe solicitedfromaminimumofthreebidders. (b)Notice.Thenoticesinvitingbidsshallgenerallydescribethegoodsand/orservicestobe purchasedoracquiredorthepublicworkstobeconstructed,identifytheplacewherethebid proposalform,specificationsandothercontractdocumentsmaybeobtained,andspecifythe date,timeandplacewhenandwherebidswillbeopened. (c)BidSubmittal.Allbidsshallbesealed.Allbidsshallbesubmittedattheplace,andator beforethedateandtime,specifiedinthenoticeinvitingbids.Bidsreceivedafterthespecified *NOTYETAPPROVED* 28 20200305_TS_24_205 dateandtimeshallnotbeacceptedandshallbereturnedtothebidderunopenedunlessthe openingisnecessaryforidentificationpurposes. (d)BidOpening.Bidstimelyreceivedshallbeopenedinpublic,atthedate,timeandplace specifiedinthenoticeinvitingbids,andtheaggregatebidofeachbiddershallbeannounced.  SECTION25.Section2.30.430ofChapter2.30(ContractsandPurchasingProcedures)of thePaloAltoMunicipalCodeisherebyamendedasfollows):  2.30.430Combinedrequestforproposalsandinvitationforbids. (a)NothinginPart5ofthischaptershallprohibitthecityfromconductingacompetitive solicitationprocesswhichcombinestheelementsoftherequestforproposalsandinvitationfor bidsprocessesinasingleprocessinordertoawardacontractforwholesaleutilitycommodities andservicesordesignͲbuildcontracts.  SECTION26.Section2.30.440(Determinationoflowestresponsive/responsiblebidder) ofChapter2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeis herebyamendedasfollows):  2.30.440Determinationoflowestresponsive/responsiblebidder. Theawardingauthorityshallawardcontractsrequiredtobeformallybidtothelowest responsiveandresponsiblebidder.Asusedinthischapter“awardingauthority”meansthecity officeroremployeewiththeauthoritytoawardandsigntheparticularcontract,asprovidedin partthreeofthischapter,ortheCouncil. (a)LowBid.Thelowbidshallbethebidofferingthelowesttotalcosttothecity. (1)Thedeterminationoflowesttotalcostshallbemadeafterapplyingrelevantpolicies adoptedbyresolutionoftheCouncilthatmayprovideforapricepreference. (2)Where‘addalternate’or‘deductalternate’itemsareincludedinthespecifications,the determinationoflowesttotalcostshallbemadeinaccordancewiththeprocedurefor consideringthe‘addalternate’and‘deductalternate’itemsassetforthinthebid specifications. (3)Thedeterminationoflowesttotalcostmayincludetheeffectoffactorssuchastrade discounts,deliverycostsandlifecyclecosts,whentheseareincludedinthespecifications. (b)ResponsiveBidder.Aresponsivebidderisabidderdeterminedbytheawardingauthority tohavesubmittedabidthatconformsinallmaterialrespectstotherequirementsofthebid documents. (c)ResponsibleBidder.Aresponsiblebidderisabidderdeterminedbytheawarding authority: (1)Tohavedemonstratedtheattributeoftrustworthiness,andtohavethequality,fitnesso havetheability,capacity,experience,andskilltosatisfactorilyperformthework,orprovidethe goodsand/orservicescalledforinaccordancewiththeinvitationforbidsspecifications; (2)Tohavetheabilitytoperformthecontractwithinthetimespecified; (3)Tohavetheequipment,facilitiesandresourcesofsuchcapacityandlocationtoenable thebiddertoperformthecontract; *NOTYETAPPROVED* 29 20200305_TS_24_205 (4)Tohavetheabilitytoprovide,asrequired,futuremaintenance,repair,partsandservice fortheuseofgoodspurchased; (5)Tohavearecordofsatisfactoryorbetterperformanceunderpriorcontractswiththecity orothers;and (6)Tohavecompliedwithapplicablelaws,regulations,policies(includingcityCouncil policies),guidelinesandordersgoverningpriororexistingcontractsperformedbythebidder.  SECTION27.Section2.30.485(Delegationofawardingauthoritydeterminations)is herebyaddedtoChapter2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipal Codetoreadasfollows:  2.30.485Delegationofawardingauthoritydeterminations. TheawardingauthoritymaydelegatetotheProcurementOfficertheimplementationofa determinationbytheawardingauthorityunderSections2.30.440;2.30.450;2.30.470(b);and 2.30.480ofthischapter.WheretheawardingauthorityisCouncil,Councilherebydelegatesto theProcurementOfficertheimplementationofdeterminationsbyCouncilastheawarding authorityunderSections2.30.440;2.30.450;2.30.470(b);and2.30.480ofthischapter.  SECTION28.Section2.30.490(DesignͲbuildcontractprocurementprocedures)of Chapter2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeishereby amendedasfollows):  2.30.490DesignͲbuildcontractprocurementprocedures. ThisSectionestablishestheexclusiveproceduresfortheawardofwhollyorpartiallycityͲ fundeddesignͲbuildcontracts,totheextentdebtfinancinglimitationsdonotapply,and supersedesintheirentiretyallstatutoryprovisionspertainingtolocalagencydesignͲbuild construction,assetforthinchapter4ofpart3ofdivision2oftheCaliforniaPublicContract Code,Section22160etseq.,asamendedfromtimetotime. (a)Bridgingdocumentsshallbepreparedbyaqualified,licenseddesignprofessional, identifyingthescopeandestimatedpriceorcostsofthepublicworksprojectandincluding additionalrequirementsorinformationnecessarytoadequatelydescribethecity'sneedsfor theproject.Thesemayinclude,withoutlimitation,thesize,type,anddesireddesigncharacter oftheproject,theperformancespecificationscoveringthequalityofsupplies,materials, equipment,andworkmanship,orpreliminaryplansorbuildinglayoutplans.Thedesign professional,whichpreparesthebridgingdocuments,maynotsubsequentlysubmitor participateintheproposalsubmittedforanawardofdesignͲbuildcontract,orhaveany financialinterestinanydesignͲbuildentityorteamwhichsubmitsadesignͲbuildcontract constructionproposalorwhichprovidesthedesignͲbuildservices. (b)Aformalrequestforproposalsmaybepostedandadvertisedinmannerprovidedforin Section2.30.410(a),orbytargeteddistributiontothreeormoredesignͲbuildentitiesorteams whichtheProcurementOfficerdeterminespossessesdemonstratedskills,experience,and financialqualificationstoprovidetherequireddesignͲbuildservices. (c)Aformalrequestforproposalsshallcomplywiththerequirementsof Section2.30.1410(a)andshallinclude:thebridgingdocumentspreparedaccordingto *NOTYETAPPROVED* 30 20200305_TS_24_205 Section2.30.490(a);arequestforqualifications;andthedesignͲbuildcontractdocuments approvedbytheCityAttorneyasrequiredbythischapter. (d)DesignͲbuildentitiesandteamsmayberequiredtopreͲqualifyinordertobeeligibleto submitaproposalforthedesignͲbuildprojectbyrespondingtotherequestforqualificationsin advanceofthedatesetforthesubmissionofproposals.TheProcurementOfficermay determineandwillprovidenoticethatthestatementofqualificationsmaybesubmitted concurrentlywiththeproposals. (e)ThedesignͲbuildcontractmaybeawardedtotheresponsive,responsibledesignͲbuild entityorteamonthebasisofeitherthelowestlumpͲsumpriceorthe'bestvalue'provided,as definedintheformalrequestforproposals.AdesignͲbuildcontractthatisawardedonthe 'bestvalue'basiswillbeevaluatedbasedsolelyontheselectioncriteriaandproceduresset forthintheformalrequestforproposals. (f)ThedesignͲbuildcontractshallrequirethedesignͲbuildentityorteamandits subcontractorsofeverytiertocomplywiththerequirementsofSection22164(c)ofthe CaliforniaPublicContractCode,asamended.  SECTION29.Section2.30.500(Bidsecurity,bondsandinsurance)ofChapter2.30 (ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedas follows:  2.30.500Bidsecurity,bondsandinsurance. (a)WhenRequired.TheProcurementOfficerisauthorizedtorequirebidsecurityandsurety bonds,includingpaymentandperformancebonds,aswellasspecifictypesandamountsof insurancecoverageinconnectionwithcontractsforpublicworks,goods,generalservices, professionalservices,andwholesaleutilitycommoditiesandservicestotheextentrequiredby Californiaorfederallaw,orthischapter,oruponadeterminationthatitisinthebestinterest ofthecitytodosobytheCityManageror,iftheCityManagerdoesnotmakeadetermination, bytheProcurementOfficerinconsultationwiththeCityAttorney. (b)BidSecurity.Bidsecurityshallbesubmittedwiththebidandshallbeintheformofa certifiedcheck,cashier’scheckorsuretybond.Anysuretybondshallbeissuedbyanadmitted suretyauthorizedtoconductbusinessinthesStateofCaliforniaandshallbeinaform acceptabletotheCityAttorneyandasspecifiedinthesolicitationforbidsdocument.Ifabidder failstosubmittherequiredbidsecuritywiththebid,thebidshallbedeemednonresponsive. Afterbidsareopened,bidsecurityshallbeirrevocablefortheperiodspecifiedintheinvitation forbids.Ifthesuccessfulbidderfailstoexecutethecontractwithinthetimespecified,thetotal amountofthebidsecurityshallbeforfeitedtothecity.Thebidsecurityofanunsuccessful biddershallbereturnedtothebidderbynolaterthansixtydaysfromthedateofcontract award.Bidsforpublicworksprojectscostinginexcessof$85,000.00shallrequirethe submissionofbidsecurityinanamountequaltoatleasttenpercentofthebid.Onpublic worksprojectscosting$85,000.00orless,andallotherprocurementsofgoodsandservices withoutregardtoprice,theProcurementOfficerisauthorizedtodeterminewhetheranybid securityinanyamountshallberequiredonaprojectͲbyͲprojectbasis. (c)Suretybonds.Paymentandperformancesecurityshallberequiredofcontractorsand taketheformofsuretybondsacceptabletotheCityAttorneyandissuedbyanadmittedsurety *NOTYETAPPROVED* 31 20200305_TS_24_205 authorizedtoconductbusinessinthesStateofCalifornia.InvitationsforbidsContractsfor publicworksprojectscostinginexcessof$25,000.00shallrequirethesubmissionofpayment bondandperformancebond,eachinanamountequaltoonehundredpercentofthecontract priceatthetimethecontractisexecuted.Wherethecontractiswithagovernmentalagencyor apublicutilitytherequirementforperformanceandpaymentsecuritymaybewaived,in writing,bytheProcurementOfficerifthecontractinggovernmentalagencyorpublicutility agrees,inwriting,that,totheextentallworkisnottobedonebyitsownemployees,itwill requireanyandallcontractorsitawardscontractsfortheperformanceofanyoftheworkto provide,beforecommencementofthework,thepaymentbondandperformancebond,on termsandconditionsitestablishes,whichissatisfactorytotheProcurementOfficerand complyingwiththeprovisionsofapplicableCalifornialaw.Paymentbondandperformance bondforpublicworksprojectsshallbeextendedinthefullamountofthecontractforaoneͲ yearwarrantyperiodbeyondthedateofacceptanceofthepublicworksprojectbythecity.On publicworkprojectscosting$25,000.00orless,andonallacquisitionsofgoodsandservices withoutregardtoprice,theProcurementOfficerisauthorizedtodeterminewhetherany paymentandperformancesecurityinanyamountshallberequiredonacaseͲbyͲcasebasis. (d)FormofBonds.Theonlybondsacceptabletothecityshallbethoseexecutedonforms approvedbytheCityAttorneyandasspecifiedintheinvitationforbidsorrequestfor proposals. (e)Insurance.TheinsuranceriskmanageractingonbehalfoftheCityManagerbythe authorityconferredbySection2.28.170ofthismunicipalcodeshalldeterminetheinsurance requirementstobeimposeduponanythirdpartydoingbusinesswiththecitypursuanttothis chapter.Thesuccessfulbidderorproposershallsubmitcertificatesofinsuranceand endorsementforms,asapplicable,asevidencethatithasobtainedandwillmaintainthetypes andamountsofinsurancecoveragesrequiredbythebidorproposalsolicitationdocuments. SuchevidenceshallbesubmittedtotheProcurementOfficerpromptlyuponrequestandshall beissuedbyanadmittedinsurerauthorizedtoconductbusinessinthesStateofCaliforniaand isacceptabletothecity.Theinsuranceriskmanagermaywaivetheinsurancerequirement wherethecontractisanintergovernmentalagencycontractoracityͲpublicutilitycontract,and thegovernmental,publicorquasiͲpublicagencyorthepublicutility,towhomthecontractis awarded,agrees,inwriting,thatitwillobtainandmaintainandprovideevidenceofthe requiredinsurancecoveragebeforethecommencementofwork,namingthecity,itsofficials, officers,employeesandagentsasadditionalinsuredstosuchpolicy.  SECTION30.Section2.30.610(Preparationofbidorproposaldocuments)ofChapter 2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamended asfollows:  2.30.610Preparationofbidorproposaldocuments. InaccordancewithStateconflictofinterestlaw,acontractororconsultantthatprepares, advisesorassistsinthepreparationofplansand/orspecificationsthatwillbeincludedaspart ofaninvitationforbidsorrequestforproposalsshallbeineligible:(i)tosubmitabidor proposalunderthatinvitationforbidsorrequestforproposals;(ii)tobeasubcontractoror subͲconsultantunderabidorproposalunderthatinvitationforbidsorrequestforproposals; *NOTYETAPPROVED* 32 20200305_TS_24_205 and(iii)tobeasubcontractororsubͲconsultantunder(orhaveanyinterestin)acontract arisingfromthatinvitationforbidsorrequestforproposals.Thisineligibilityshallnotapply whereasingleentityactsasboththedesignerandbuilderofthesameprojectpursuanttoa designͲbuildprocurementcontractorotheralternativeprocurementmethodͲbasedcontractas maybepermittedbylaw.NothinginthisSectionisintendedtodifferfromStateconflictof interestlaw,asmaybeamendedfromtimetotime,andintheeventofaconflictbetweenthis SectionandStateconflictofinterestlaw,Stateconflictofinterestlawshallcontrol.  Aperson,entityorteam,withwhomthecityhasacontracttoprepare,adviseorassistinthe preparationofplansand/orspecificationsthatwillbeincludedaspartofthecontractterms andconditionsinbidorproposaldocuments,shallbeineligibletosubmitabidorproposalfor thatcontractorbeanamedconsultantorcontractororsubͲconsultantorsubͲcontractorin thatbidorproposal,ifthecontractwiththecitywasineffectforaperiodofoneyearpriorto, orisorwillbeineffectatthetimeof,thecontractthatisthesubjectofthebidorproposal. Thisineligibilityshallnotprecludetheawardofacontract,callingforthedesignand constructionofapublicworksproject,totheconsultantorthecontractorpursuanttoadesignͲ buildcontractorotheralternativeprocurementmethodͲbasedcontract.  SECTION31.Section2.30.630(Councilapprovalrequiredforcontracts,agreements, grantapplicationsanddonationsinvolvingsurveillancetechnology)ofChapter2.30(Contracts andPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.630Councilapprovalrequiredforcontracts,agreements,grantapplicationsand donationsinvolvingsurveillancetechnology. ThecCouncilshallapproveeachofthefollowing: (a)Applicationsforgrants,acceptanceofstateorfederalfunds,oracceptanceofinͲkindor otherdonationsofsurveillancetechnology; (b)Notwithstandinganydelegationofauthoritytoawardcontractsinthischapter,contracts ofanytypeandanyamountthatincludeacquisitionofnewsurveillancetechnology; (c)UseofcCouncilͲapprovedsurveillancetechnologyforapurpose,inamanner,orina locationoutsidethescopeofpriorcCouncilapproval;or (d)AgreementswithanonͲcityentitytoacquire,share,orotherwiseusesurveillance technologyortheinformationitprovides.  SECTION32.Section2.30.640(Councilapprovalofsurveillanceusepolicy)ofChapter 2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamended asfollows:  2.30.640Councilapprovalofsurveillanceusepolicy. ThecCouncilshallapproveasurveillanceusepolicyaddressingeachactivitythatitapproves thatislistedinSection2.30.630.Ifnocurrentsurveillanceusepolicycoversanapproved activity,cCouncilshalladoptanewpolicyoramendanexistingpolicytoaddressthenew activity.  *NOTYETAPPROVED* 33 20200305_TS_24_205 SECTION33.Section2.30.650(Informationrequired)ofChapter2.30(Contractsand PurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.650Informationrequired. Unlessitisnotreasonablypossibleorfeasibletodoso,beforecCouncilapprovesanew activitylistedinSection2.30.630,thecityshouldmakeavailabletothepublicasurveillance evaluationandaproposedsurveillanceusepolicyfortheproposedactivity.  SECTION34.Section2.30.660(Determinationbycouncilthatbenefitsoutweighcosts andconcerns)ofChapter2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipal Codeisherebyamendedasfollows:  2.30.660DeterminationbycCouncilthatbenefitsoutweighcostsandconcerns. BeforeapprovinganynewactivitylistedinSection2.30.630,thecCouncilshallassesswhether thebenefitsofthesurveillancetechnologyoutweighitscosts.ThecCouncilshouldconsiderall relevantfactors,includingfinancialandoperationalimpacts,enhancementstoservicesand programs,andimpactsonprivacy,civilliberties,andcivilrights.  SECTION35.Section2.30.670(Oversightfollowingcouncilapproval)ofChapter2.30 (ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedas follows):  2.30.670OversightfollowingcCouncilapproval. Beginningafterthecloseoffiscalyear2019andannuallythereafter,thecityshallproduce andmakeavailabletothepublicanannualsurveillancereport.Theannualsurveillancereport shouldbenoticedasaninformationalreporttothecCouncil.ThecCouncilmaycalendarthe annualsurveillancereportoranyspecifictechnologyincludedinthereportforfurther discussionoraction,andmaydirectthat(a)useofthesurveillancetechnologybemodifiedor ended;(b)thesurveillanceusepolicybemodified;or(c)otherstepsbetakentoaddress cCouncilandcommunityconcerns.  SECTION36.Section2.30.680(Definitions)ofChapter2.30(ContractsandPurchasing Procedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.680Definitions. Thefollowingdefinitionsapplytothissection: (a)"Annualsurveillancereport"meansawrittenreport,submittedafterthecloseofthe fiscalyearandthatincludesthefollowinginformationwithrespecttothepriorfiscalyear: (1)AdescriptionofhoweachcCouncilͲapprovedsurveillancetechnologywasused,including whetheritcapturedimages,sound,orinformationregardingmembersofthepublicwhoare notsuspectedofengaginginunlawfulconduct; (2)Whetherandhowoftendataacquiredthroughtheuseofthesurveillancetechnology wassharedwithoutsideentities,thenameofanyrecipiententity,thetypesofdatadisclosed, andthereasonforthedisclosure; *NOTYETAPPROVED* 34 20200305_TS_24_205 (3)Asummaryofanycommunitycomplaintsorconcernsaboutthesurveillancetechnology; (4)NonͲprivilegedandnonͲconfidentialinformationregardingtheresultsofanyinternal audits,informationaboutviolationsofthesurveillanceusepolicy,andanyactionstakenin response; (5)Whetherthesurveillancetechnologyhasbeeneffectiveatachievingitsidentified purpose; (6)ThenumberandnatureofPublicRecordsActrequestsrelatingtothesurveillance technology; (7)Annualcostsforthesurveillancetechnologyandforcompliancewiththissurveillance andprivacyprotectionordinance,includingpersonnelandotherongoingcosts,andsourcesof funding;and (8)OtherrelevantinformationasdeterminedbythecCitymManager. Theannualsurveillancereportwillnotincludeinformationthatmaycompromisetheintegrity orlimittheeffectivenessofalawenforcementinvestigation. (b)"Surveillanceevaluation"meanswritteninformation,includingaspartofastaffreport, including: (1)Adescriptionofthesurveillancetechnology,includinghowitworksandwhatinformation itcaptures; (2)Informationontheproposedpurpose,useandbenefitsofthesurveillancetechnology; (3)Thelocationorlocationswherethesurveillancetechnologymaybeused; (4)Existingfederal,stateandlocallawsandregulationsapplicabletothesurveillance technologyandtheinformationitcaptures;thepotentialimpactsoncivillibertiesandprivacy; andproposalstomitigateandmanageanyimpacts; (5)Thecostsforthesurveillancetechnology,includingacquisition,maintenance,personnel andothercosts,andcurrentorpotentialsourcesoffunding. (c)"Surveillancetechnology"meansanydeviceorsystemprimarilydesignedandactually usedorintendedtobeusedtocollectandretainaudio,electronic,visual,location,orsimilar informationconstitutingpersonallyidentifiableinformationassociatedwithanyspecific individualorgroupofspecificindividuals,forthepurposeoftracking,monitoringoranalysis associatedwiththatindividualorgroupofindividuals.Examplesofsurveillancetechnology includedroneswithcamerasormonitoringcapabilities,automatedlicenseplatereaders, closedͲcircuitcameras/televisions,cellͲsitesimulators,biometricsͲidentificationtechnologyand facialͲrecognitiontechnology.Forthepurposesofthischapter,"surveillancetechnology"does notinclude: (1)Anytechnologythatcollectsinformationexclusivelyonorregardingcityemployeesor contractors; (2)StandardwordͲprocessingsoftware;publiclyavailabledatabases;andstandardmessage toolsandequipment,suchasvoicemail,email,andtextmessagetools; (3)Informationsecuritytoolssuchaswebfiltering,virusdetectionsoftware; (4)Audioandvisualrecordingequipmentusedexclusivelyatopenandpublicevents,orwith theconsentofmembersofthepublic; (5)Medicaldevicesandequipmentusedtodiagnose,treat,orpreventdiseaseorinjury. (d)"Surveillanceusepolicy"meansastandͲalonepolicyorasectioninacomprehensive policythatisapprovedbycCouncilandcontains: *NOTYETAPPROVED* 35 20200305_TS_24_205 (1)Theintendedpurposeofthesurveillancetechnology. (2)Usesthatareauthorized,anyconditionsonuses,andusesthatareprohibited. (3)Theinformationthatcanbecollectedbythesurveillancetechnology. (4)Thesafeguardsthatprotectinformationfromunauthorizedaccess,including,butnot limitedto,encryption,accessͲcontrol,andaccessoversightmechanisms. (5)Thetimeperiodforwhichinformationcollectedbythesurveillancetechnologywillbe routinelyretained;theprocessbywhichtheinformationisregularlydeletedafterthatperiod lapses;andconditionsandproceduresforretaininginformationbeyondthatperiod. (6)IfandhownonͲcityentitiescanaccessorusetheinformation,includingconditionsand rationalesforsharinginformation,andanyobligationsimposedontherecipientofthe information. (7)Adescriptionofcomplianceprocedures,includingfunctionsandrolesofcityofficials, internalrecordkeeping,measurestomonitorforerrorsormisuse,andcorrectiveprocedures thatmayapply.  SECTION37.Section2.30.700(Records,publicinspection)ofChapter2.30(Contracts andPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.700Records,publicinspection. (a)RecordsMaintenance.TheProcurementOfficershallmaintainwrittenrecordsforeach contract,pricequotation,purchaseorder,documentorotheragreementawardedorentered intobythecity,whichshallinclude,ataminimum:therequestfromthedepartment;thebidor proposaldocumentsreceivedforthecontract,ifany;allbidsorproposalsreceived;thebasis onwhichthecontractawardwasmade;andacopyofanyandallcontractsawarded.The ProcurementOfficershallmaintainandretainwrittenrecordsofanydeterminationtocancel solicitationdocumentsandofanawardingauthority’sdecisiontorejectbidsorproposals.Such recordsshallberetainedforaperiodoftimeincompliancewithCalifornialawandthecity’s recordsretentionschedule,andtherecordsshallbemadeavailableforpublicinspectionduring normalcitybusinesshours.Theforegoingprovisionsshallnotapplytorecordsofwholesale utilitycommoditiesandservicestransactionsretainedundermasteragreementsreferredtoin Section2.30.140,whichshallbemaintainedbythedepartmentofutilities. (b)PublicInspection.Bidsshallbeavailableforpublicinspectionfollowingthedateandtime setforreceiptofbids.Proposalsshallbeavailableforpublicinspectionfollowingthepublic announcementoftheselectionofaproposerforawardofcontract.Proposalsshallbeavailable forpublicinspectionconsistentwithStatepublicrecordslaw,asmaybeamendedfromtimeto time.ThisSectionshallnotbeconstruedtorequirethedisclosureofrecordsthatareotherwise exemptfrominspectionandcopyingbylaw.  SECTION38.Section2.30.710(Citymanagerreports)ofChapter2.30(Contractsand PurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  2.30.710CitymManagerreports. (a)CityManagershallmakeabiannualreporttotheCouncilofallcontractsforprofessional servicesorgeneralservicesawardedbytheCityManager,theProcurementOfficerorother *NOTYETAPPROVED* 36 20200305_TS_24_205 designatedemployees,thecostsofwhichexceed$25,000.00,andofallcontractsawardedby theCityManagerforpublicworksandgoods,thecostsofwhichexceed$85,000.00. (b)TheCityManagershallprepareanddeliveranannualreporttotheCouncilofallleases, licensesandrentalsofcityrealpropertywiththirdparties,approvedbytheCityManager.  SECTION39.Section2.30.800(Rewardsrelatingtoarrestandconviction)ofChapter 2.30(ContractsandPurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamended asfollows):  2.30.800Rewardsrelatingtoarrestandconviction. Theauthoritytoofferandpayarewardleadingtothearrestandconvictionofacriminalis reasonablycontemplatedbythischaptertotheextentanexpenditureofcityfundsinreturnfor valuableinformationcanbeconsideredpaymentfortherenderingofservicestothecity,as contemplatedbySection2.30.010. (a)TheCityManagerisauthorizedtoofferandpayarewardofupto$25,000.00for informationleadingtothearrestandconvictionofanypersonorpersonswhosewillfulconduct causesunlawfulinjuryordeathtoanotherperson,orwhosewillfulmisconductresultsin unlawfuldamageordestructionofpersonalpropertyofthecityoranotherperson.TheCity ManagershallcausetherewardoffertobepublicizedandreportedtothecityCouncil. (b)ArewardshallnotbepaidunlesstheinformationisreceivedbythePaloAltoPolice Departmentwithinninetydaysofpublicationoftherewardoffer. (c)Convictionofthepersonorpersonsfoundresponsibleforthecrimeshallberequiredfor paymentofarewardunlesstheCityManagermakesawrittenfindingthattheconviction, determinationofguilt,orfindingofresponsibilitywasimpossibleduetothedeathofthe criminal. (d)Rewardclaimsshallbemade,inwriting,andtheclaimantshallprovidehisorhername, addressandtelephonenumber.Unlessdisclosureisauthorizedbytheclaimant,this informationshallbedeemedconfidentialandprotectedfrompublicdisclosuretothemaximum extentpermittedbyCalifornialaw. (e)Eachrewardoffershallbemade,inwriting,andshallbevalidonlyifapprovedinadvance astoformandincompliancewiththisSectionbytheCityAttorney.  SECTION40.Section2.30.900(Standardization)ofChapter2.30(Contractsand PurchasingProcedures)ofthePaloAltoMunicipalCodeisherebyamendedasfollows):  2.30.900Standardization. WheretheCityManagerhasdeterminedthatitisrequiredbythehealth,safetyorwelfareof thepeopleoremployeesofthecity,orthatsignificantcostssavingshavebeendemonstrated, thestandardizationofsupplies,materialsorequipment,including,withoutlimitation, informationtechnologyproperty,forpurchaseortobeusedinapublicworksprojectis permittedandthesupplies,materialsorequipmentspecificationsmayspecifyasinglebrandor tradename.TheCityManagerortheProcurementOfficermaybeconsideredthefollowing factorsindeterminingtostandardizeonasinglebrandortradename: (a)Repairandmaintenancecostswouldbeminimized; *NOTYETAPPROVED* 37 20200305_TS_24_205 (b)Userpersonneltrainingwouldbefacilitatedthereby; (c)Suppliesorsparepartswouldbeminimized; (d)Modificationstoexistingequipmentwouldnotbenecessary; (e)Trainingofrepairandmaintenancepersonnelwouldbeminimized;and (f)Matchingexistingsupplies,materialsorequipmentisrequiredforproperoperationofa functionorprogram.  SECTION41.Subsection(a)ofSection10.50.020(Definitions)ofChapter10.50 (ResidentialPreferentialParking)ofTitle10(VehiclesandTraffic)ofthePaloAltoMunicipal Codeisherebyamendedasfollows:  (a)"Director"shallmeanthedirectorofplanningandcommunityenvironmentchief transportationofficial.  SECTION42.Subsection(b)ofSection10.50.050(Initiationbyneighborhoodpetition) ofChapter10.50(ResidentialPreferentialParking)ofTitle10(VehiclesandTraffic)ofthePalo AltoMunicipalCodeisherebyamendedasfollows:  (b)TimingandReviewofApplications.Eachcalendaryear,thedirectorofplanningand communityenvironmentshallreviewallapplicationsreceivedpriortoMarch31stofthatyear todeterminewhethertheRPPDistrictcriteriaestablishedinthisChapteraremet.  SECTION43.Subsection(b)ofSection10.50.090(Modificationorterminationof districts)ofChapter10.50(ResidentialPreferentialParking)ofTitle10(VehiclesandTraffic)of thePaloAltoMunicipalCodeisherebyamendedasfollows:  (b)TimingandReviewofOptOutApplications.Eachcalendaryear,thedirectorofplanning andcommunityenvironmentshallreviewalloptoutapplicationsreceivedpriortoMarch31st oftheyeartodeterminewhethertheoptoutcriteriaestablishedintheadministrative guidelinesaremet.  SECTION44.Section10.51.020(Definitions)ofChapter10.51(CrescentParkNo OvernightParkingProgram)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  10.51.020Definitions. Thefollowingwordsandphrasesasusedinthischaptershallhavethefollowingmeanings. (a)"CrescentPark"meanstheareaboundbyEdgewoodDriveonthenortheast,Channing Avenueonthesouth,LincolnAvenueonthewest,UniversityAvenueonthenorthwestand includingtheentiretyofCrescentDrive. (b)"Director"shallmeanthechieftransportationofficial. (bc)"Dwellingunit"shallmeananyselfͲcontainedhouse,apartment,stockcooperative,or condominiumoccupiedsolelyforresidentialpurposes. (cd)"Restrictedparkingarea"shallmeanaresidentialareauponwhichthecouncilimposes overnightparkinglimitationspursuanttotheauthoritygrantedbythischapter. *NOTYETAPPROVED* 38 20200305_TS_24_205 (de)"Resident"shallmeananypersonwholivesinadwellingunitlocatedinaresidential restrictedparkingarea. (ef)"Overnightresidentialparkingpermit"shallmeanapermitissuedunderthischapter which,whendisplayeduponamotorvehicle,asdescribedherein,shallexemptsaidmotor vehiclefromparkingtimerestrictionsestablishedpursuanttothischapter. (fg)"Guest"shallmeanapersonvisitingresidentslivinginaresidentialpreferentialparking zone. (gh)"Guestparkingpermit"shallmeanaparkingpermitissuedpursuanttothischapteror anordinanceorresolutionenactedpursuanttoauthoritygrantedherein,whichwhendisplayed uponamotorvehicle,asdescribedherein,shallexemptthemotorvehiclefromparkingtime restrictionsestablishedpursuanttothischapter.  SECTION45.Section10.51.065(Modificationorterminationofrestrictedparkingareas) ofChapter10.51(CrescentParkNoOvernightParkingProgram)ofthePaloAltoMunicipalCode isherebyamendedasfollows:  10.51.065Modificationorterminationofrestrictedparkingareas. (a)Optingout.Afterfinaladoptionofadesignatedrestrictedparkingarea,an applicationtooptoutmaybefiledwiththedirectorofplanningandcommunityenvironment, subjecttothefollowing: (1)Theminimumnumberofblocksandpercentageofdwellingunitssupportingthe optͲoutshallbespecifiedbythedirectorintheadministrativeguidelines. (2)Eachlegaldwellingunit,asdefinedinSection18.04.030(b)(46)ofthiscode,shall beentitledtoonevotetowardsthedeterminationofsupport. (3)Applicationsforoptingoutshallbemadeintheformandmannerprescribedby thedirectorandshallbeacteduponbythedirector. (b)Dissolution.Thecitycouncil,followinganoticedpublichearing,mayadopta resolutiondissolvingadesignatedrestrictedparkingarea: (1)Uponreceiptandverificationofasignedpetitionrepresentingfiftypercentor moreoftheaffecteddwellingunitswithinadesignatedrestrictedparkingarea;or (2)Uponfindingsbythecitycouncilthatthecriteriafordesignatingtherestricted parkingareaarenolongersatisfied.  SECTION46.Severability.Ifanyprovision,clause,sentenceorparagraphofthis ordinance,ortheapplicationtoanypersonorcircumstances,shallbeheldinvalid,such invalidityshallnotaffecttheotherprovisionsofthisordinancewhichcanbegiveneffect withouttheinvalidprovisionorapplicationand,tothisend,theprovisionsofthisordinanceare herebydeclaredtobeseverable.  SECTION47.CEQA.TheCityCouncilfindsanddeterminesthatthisOrdinanceisnota “project”withinthemeaningofsection15378oftheCaliforniaEnvironmentalQualityAct (CEQA)Guidelinesbecauseithasnopotentialforresultinginphysicalchangeinthe environment,eitherdirectlyorultimately.  *NOTYETAPPROVED* 39 20200305_TS_24_205 SECTION48.EffectiveDate.ThisordinanceshallbeeffectiveonthethirtyͲfirstdate afterthedateofitsadoption.   INTRODUCED:  PASSED:  AYES:  NOES:  ABSTENTIONS:  ABSENT:  ATTEST:APPROVED:  ______________________________ ______________________________ CityClerkMayor  APPROVEDASTOFORM: ______________________________ ______________________________ CityAttorneyorDesigneeCityManager   ______________________________ DirectorofAdministrativeServices  ______________________________ ChiefTransportationOfficial   ______________________________ DirectorofPlanningandDevelopment Services    *NOTYETAPPROVED* 20200302_TS_24_202 OrdinanceNo._____ OrdinanceoftheCounciloftheCityofPaloAltoAmendingFiveSectionsofTitle 18(Zoning)ofthePaloAltoMunicipalCode.  TheCounciloftheCityofPaloAltodoesORDAINasfollows:  SECTION1.Section18.01.080ofChapter18.01(Adoption,Purposes,andEnforcement) ofthePaloAltoMunicipalCodeisherebyamendedasfollows(strikethroughtextisdeleted, underlinedtextisadded):  18.01.080ViolationsͲPenalties Anyperson,firm,orcorporationviolatinganyprovisionofthistitleisguiltyofamisdemeanor, anduponconvictionthereofshallbepunishableasprovidedinSection1.08.010ofthiscode. Suchperson,firm,orcorporationisguiltyofaseparateoffenseforeachandeverydayduring anyportionofwhichsuchviolationofthistitleiscommitted,continued,orpermittedbysuch person,firm,orcorporationandshallbepunishableasprovidedinthissection.  Itisunlawfulforanypersontoviolateanyprovisionortofailtocomplywithanyofthe requirementsofthisChapteroranypermits,conditions,orvariancesgrantedunderthisChapter, andshallbesubjecttoanypenaltyorpenaltiesauthorizedbylaw,includingbutnotlimitedto: administrativeenforcementpursuanttoChapters1.12and1.16ofthiscode;andcriminal enforcementpursuanttoChapter1.08ofthiscode.Eachseparatedayoranyportionthereof duringwhichanyviolationofthischapteroccursorcontinuesshallbedeemedtoconstitutea separateoffense.  WhenthecodeenforcementofficerdeterminesthataviolationofthisChapterhasoccurred, he/shemayrecordanoticeofpendencyofcodeviolationwiththeOfficeoftheCounty Recorderstatingtheaddressandownerofthepropertyinvolved.Whentheviolationhasbeen corrected,thecodeenforcementofficershallissueandrecordareleaseofthenoticeof pendencyofcodeviolation.  SECTION2.Section18.01.085ofChapter18.01(Adoption,Purposes,andEnforcement) ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  18.01.085EnforcementͲCriminalEnforcementCitationAuthority Thefollowingdesignatedemployeepositionsmayenforcetheprovisionsofthischapterby theissuanceofcitations.Personsemployedinsuchpositionsareauthorizedtoexercisethe authorityprovidedinPenalCodeSection836.5andareauthorizedtoissuecitationsfor violationsofthischapter.Thedesignatedemployeepositionsare:chiefbuildingofficial,plan checkengineer;ordinancecomplianceinspector.= Theemployeepositionsdesignatedinthissectionareauthorizedtoexercisetheauthority providedinCaliforniaPenalCodesection836.5forviolationsofthisChapter.Thedesignated employeepositionsare:(1)chiefbuildingofficial;and(2)codeenforcementofficer.   *NOTYETAPPROVED* 20200302_TS_24_202 SECTION3.Subsection(a)(44.8)ofsection18.04.030(Definitions),ofChapter18.04 (Definitions)ofthePaloAltoMunicipalCodeisherebyamendedasfollows:  (a)(44.8)“Director”meansthedirectorofplanninganddevelopmentservicescommunity environment,unlessindicatedotherwise.  SECTION4.Section18.40.170ofChapter18.40(GeneralStandardsandExceptions)of thePaloAltoMunicipalCodeisherebyamendedasfollows:  18.40.170DeferralofDirector'sAction ThedirectorshallhavetheauthoritytoforwardprojectstoCityCouncilforfinalactioninthe circumstanceslistedbelow.NoactiondecisionbytheDirectorshallberequired,andtheappeal processandorrequestforhearingprocessshallnotapplytosuchreferredactions,provided, however,thattheDirectormayseekarecommendationfromtheArchitecturalReviewBoard orPlanningandTransportationCommissionpriortoactionbytheCityCouncil. (a)Inthecaseofprojectshavingmultipleentitlements,whereonerequiresCityCouncil approval,allentitlementsmaybereferredtoCityCouncilforfinalaction; (b)ProjectsinvolvingleasesoragreementsfortheuseofCityͲownedproperty; (c)Projectsrequiringastatementofoverridingconsiderations,pursuanttoSection 18.31.010;and (cd)Projects,asdeemedappropriatebythedirector.  SECTION5.Subsection(c)(4)ofsection18.77.060(StandardStaffReviewProcess),of Chapter18.77(ProcessingofPermitsandApprovals)ofthePaloAltoMunicipalCodeishereby amendedasfollows:  (4)Anyparty,includingtheapplicant,mayrequestahearingoftheplanningand transportationcommissionontheproposeddirector’sdecisionbyfilingawrittenrequestwith theplanningdivision.Thereshallbenofeerequiredforrequestingsuchahearing.  SECTION6.Severability.Ifanyprovision,clause,sentenceorparagraphofthis ordinance,ortheapplicationtoanypersonorcircumstances,shallbeheldinvalid,such invalidityshallnotaffecttheotherprovisionsofthisordinancewhichcanbegiveneffect withouttheinvalidprovisionorapplicationand,tothisend,theprovisionsofthisordinanceare herebydeclaredtobeseverable.  SECTION7.CEQA.TheCityCouncilfindsanddeterminesthatthisOrdinanceisnota “project”withinthemeaningofsection15378oftheCaliforniaEnvironmentalQualityAct (CEQA)Guidelinesbecauseithasnopotentialforresultinginphysicalchangeinthe environment,eitherdirectlyorultimately.  //  //  *NOTYETAPPROVED* 20200302_TS_24_202 SECTION8.EffectiveDate.ThisordinanceshallbeeffectiveonthethirtyͲfirstdateafter thedateofitsadoption.  INTRODUCED:  PASSED:  AYES:  NOES:  ABSTENTIONS:  ABSENT:  ATTEST:APPROVED:  ______________________________ ____________________________ CityClerkMayor  APPROVEDASTOFORM:   ______________________________ ____________________________ CityAttorneyorDesigneeCityManager   ____________________________ DirectorofPlanningandDevelopment Services  CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY April 6, 2020 The Honorable City Council Palo Alto, California SECOND READING: Adoption of an Ordinance Establishing a Temporary Moratorium on Residential Tenant Evictions Resulting From the COVID-19 Emergency (FIRST READING: MARCH 23, 2020, PASSED 7-0); and Discussion and Direction on Extending the Evictions Moratorium to Businesses, Nonprofit Organizations, and Other Commercial Tenants Recommendation Staff recommends that the Council: A. Find the proposed Ordinance exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines, and adopt the Ordinance (Attachment A) Establishing a Temporary Moratorium on Residential Evictions for Tenants with Substantial Income Loss Due to the COVID-19 State of Emergency. B. Discuss and provide direction to staff on whether to extend the temporary moratorium to protect commercial tenants from eviction due to the COVID-19 state of emergency. Background On March 23, 2020, the Council adopted an urgency ordinance and approved the ordinance now presented for a second reading, establishing a temporary moratorium on residential tenant evictions for nonpayment of rent due to the coronavirus (COVID-19) pandemic and state of emergency. The following day, the Santa Clara County Board of Supervisors adopted a countywide evictions moratorium applicable to residential and certain small commercial tenants. The County’s ordinance stated that it does not supersede cities’ ordinances to the extent a city ordinance provides greater tenant protections, but otherwise the County’s ordinance applies to cities and towns in the County, in addition to the unincorporated areas. Accordingly, in Palo Alto both the City ordinance and the County ordinance apply. Staff has made proposed changes to the Palo Alto ordinance to better align with the County ordinance to reduce confusion and to address a potential gap in protections for tenants who have not yet resided in their residential units for 12 months. The changes made to the ordinance approved on first reading are shown in underline and strikethrough. Page 2 At the March 23rd Council meeting, the Council also gave direction to staff to prepare an ordinance providing similar protections to small businesses and nonprofit organizations. However, given the County’s subsequent adoption of a moratorium on commercial evictions and potential action by the State Legislature, staff seeks further input from Council on whether to proceed with the City’s own commercial evictions moratorium ordinance or to instead rely on the County ordinance and devote staff resources to consider other actions to assist the business and nonprofit community in Palo Alto. Discussion Soon after Palo Alto adopted its urgency ordinance, Santa Clara County enacted a moratorium on residential and certain commercial tenant evictions that it stated applies throughout the county, including in cities and towns within the county. Because the County made a late decision to expand its ordinance beyond the unincorporated areas, a number of other jurisdictions in the county (including the cities of Santa Clara, Gilroy and Cupertino, and the town of Los Gatos) had their own ordinances on their council agendas on the same day the county board of supervisors approved the county ordinance. The County’s ordinance is substantively similar to Palo Alto’s and other previously adopted ordinances like San Jose and San Francisco’s ordinances, prohibiting residential tenant evictions for rent nonpayment due to substantial income loss related to COVID-19, but not affecting the tenant’s continuing obligation to pay rent, and providing a safe harbor of 120 days after the end of the state of emergency to pay the back rent without risk of eviction for nonpayment. Proposed modifications to align with the County ordinance with respect to residential tenant evictions The County’s ordinance is broader than Palo Alto’s in two respects. First, on residential evictions, it prohibits “no-fault” evictions (as defined in AB 1492, the state’s recently enacted “just cause” eviction law, which became effective January 1, 20201) if the tenant has experienced substantial income loss or incurred substantial medical costs due to the COVID-19 pandemic. Because the state’s just cause eviction law only applies to tenants who have resided in their units for at least 12 months, tenants who don’t yet qualify for the state protections could be evicted without a stated reason, even if the underlying reason may be failure to pay full rent. Under the County ordinance, landlords could not evict tenants for nonpayment of rent (ordinarily a “for-cause” reason) or for a no-fault reason if the tenant has had substantial financial impact due to COVID-19 related income loss or medical costs; tenants could still be evicted for a for-cause reason (i.e., breach of other lease provisions) except for nonpayment of rent related to the COVID-19 pandemic. The proposed changes to the City’s ordinance would align with the county ordinance as described, including requiring landlords to provide the reason for termination of tenancy while the ordinance is in effect. However, the City’s 1 “No-fault” reasons include if the landlord wants to move in to the unit or move in a close family member, if the landlord plans to take the unit off the rental market, or if the landlord intends to demolish or substantially remodel the unit such that it is uninhabitable for at least 30 days. Page 3 ordinance would apply only to tenants who have incurred substantial job-related income loss, as addressed in the Governor’s Executive Order, not tenants who have only sustained medical costs without related income loss. Those tenants who have sustained COVID-19 related medical costs would be protected under the County ordinance. The City’s ordinance would remain in effect through the local emergency proclaimed by the City, as extended by the Council with findings of continuing necessity every 60 days. The County ordinance expires concurrently with the Governor’s March 16th Executive Order which currently is in effect through May 31. Although it is likely that both the Executive Order and the County ordinance will be extended, if the County ordinance terminates earlier than the City’s ordinance, the protections of the City’s ordinance would still apply to Palo Alto tenants and landlords. Commercial tenant evictions The County ordinance is also broader than Palo Alto’s ordinance in its applicability to commercial tenant evictions for small businesses, specifically evictions from “any real property used for business, income-producing purposes, or any purpose other than for residential use, however organized, that meets the standard for a small business in the industry in which that entity operates as defined in the U.S. Small Business Administration’s table of size standards by industry” (13 CFR sec. 121.201). The Small Business Administration (SBA) uses annual receipts or number of employees to establish thresholds for businesses that vary by sector or sub- sector. The table below illustrates the thresholds identified by the SBA; businesses which fall below the employee or annual receipts thresholds are considered small and would be protected from COVID-19 related evictions under the County ordinance. The SBA calculates annual receipts as “the ‘total income’ (or ‘gross income’) plus the ‘cost of goods sold.’”2 Federal Small Business Administration Size Standards The number of employees or annual receipts indicates the maximum allowed for a concern and its affiliates to be considered small. NAICS* Code Industry Title Size Standards in Millions of Dollars Size Standards in Number of Employees Sector 44 – 45 Retail Trade 442110 Furniture Stores $22.0 448140 Family Clothing Stores $41.5 451211 Book Stores $30.0 Sector 54 – Professional, Scientific and Technical 541110 Offices of Lawyers $12.0 541211 Offices of Certified Public Accountants $22.0 541715 Research and Development in the Physical, Engineering, and Life Sciences (except 1,000 2 https://www.sba.gov/federal-contracting/contracting-guide/size-standards Page 4 Nanotechnology and Biotechnology) Subsector 624 – Social Assistance 624410 Child Day Care Services $8.0 Sector 71 – Arts, Entertainment and Recreation 71110 Theater Companies and Dinner Theaters $22.0 Subsector 722 – Food Services and Drinking Places 722511 Full-Service Restaurants $8.0 *North American Industry Classification System Information available at: https://www.ecfr.gov/cgi-bin/text- idx?rgn=div5;node=13%3A1.0.1.1.17#se13.1.121_1201 At the City Council meeting on March 23, 2020, Council discussed the scope of a potential local commercial eviction moratorium. This included a discussion of the size of businesses that would be eligible for protection, with 20 employees or 50 employees suggested as potential thresholds. Since the County ordinance utilizes the SBA definition of a small business, the ordinance applies to some industries based on employee size and others based on annual receipts. Based on the high employee and annual receipts thresholds provided by the SBA, it appears the proposed County ordinance would apply to many Palo Alto businesses and non-profit organizations. In contrast, limiting the ordinance’s reach to 20 or 50 employees may inadvertently leave out businesses hit hardest by the Shelter in Place Orders. For example, based on 2019 Business Registry data, the average Palo Alto restaurant has 30 primary employees. Yet some restaurants have 60, 70, or as many as 85 primary employees. More information about annual receipts of Palo Alto businesses by industry would be needed to assess businesses that fall inside and outside the bounds of the County ordinance. For example, any full-service restaurant with annual receipts over $8 million would not be eligible under the County ordinance. In addition to the County measure, State Senator Scott Weiner has introduced an amended senate bill SB 939 to prohibit eviction of tenants of commercial real property, including businesses and non-profit organizations, throughout the state during the pendency of the state of emergency declared by the Governor on March 4 related to COVID-19. The State Legislature does not return in session until April 13, and it is anticipated the bill will be further amended when the Legislature reconvenes prior to votes on the bill. Given the likelihood of further state action in the coming weeks, staff believes it would be prudent to operate under the County ordinance for now and wait until state mandates are better defined before determining whether additional local action is warranted. Governor’s Executive Order of March 27, 2020 Page 5 Governor Newsom’s Executive Order signed on March 16, 2020 allowed local jurisdictions to regulate residential and commercial evictions to protect tenants from eviction for nonpayment of rent if they are unable to pay as a result of substantial income loss related to COVID-19. On March 27, the Governor issued another Executive Order extending the time for residential tenants served with an unlawful detainer action under Code of Civil Procedure Section 1167 to respond to the summons and complaint (from 5 days as ordinarily applies to 60 days), and prohibiting the enforcement of an eviction order, if the tenant is unable to pay the full rent due to reasons related to COVID-19 and meets other conditions. The Executive Order did not modify the authorization to local jurisdictions to enact their own protections in the prior Executive Order; both orders remain in effect through May 31. The State actions taken to date on tenant evictions are no more protective than the County and City ordinances, and do not conflict with the local actions. The most protective provisions among the State, County and City’s enactments will apply. The City proposes to include minor amendments to its ordinance to better align with the county so as to reduce potential confusion among affected tenants and landlords. Stakeholder Engagement The staff report was posted to the City’s website on April 2, 2020. Additional support for residents and businesses experiencing financial stress related to the COVID-19 pandemic is updated daily on the City’s website as well as through social media, blogs and e-newsletters to the community. Environmental Review The proposed ordinances are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15601 of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the ordinances will have a significant effect on the environment. ATTACHMENTS: • Ordinance Prohibiting Residential Evictions Related to Coronavirus -- 2nd reading (PDF) Department Head: Molly Stump, City Attorney Page 6 Not Yet Approved ATTACHMENT A 2020033001 1 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Relating to a Temporary Moratorium on Residential Evictions for Nonpayment of Rent Related During to the COVID-19 State of Emergency The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency due to the threat of Coronavirus Disease 2019 (“COVID-19”). B. On March 9, 2020, Santa Clara County reported there were 43 cases of persons testing positive for COVID-19, an increase of 23 confirmed cases in 5 days. The County also experienced its first death due to the virus. Due to the increased threat and evidence of community transmission of the virus, the County Public Health Officer issued an order prohibiting mass gatherings attended by 1,000 persons until March 31, 2020. C. On March 12, 2020, due to the escalating increase in cases and community spread of COVID-19 in Santa Clara County, City Manager Ed Shikada, acting as the Director of Emergency Services, issued a Proclamation of Local Emergency. The City Council ratified the issuance of the proclamation on March 16, 2020. D. On March 13, 2020, the County Public Health Officer issued a new order mandating a countywide moratorium on gatherings of more than 100 persons and a conditional countywide moratorium on gatherings between 35-100 persons. Most school districts throughout the San Francisco Bay Area also announced closures for three weeks commencing the following week on March 16, 2020. E. On March 15, 2020, Governor Newsom directed the closing of all bars, nightclubs, brewpubs, and wineries in the state, and called for residents age 65 and older to self-isolate, to increase social distancing and protect persons most vulnerable to COVID-19. At the same time, he emphasized the plight of the thousands of unsheltered persons in the state as a top public health concern. F. On March 16, 2020, the public health officers for the six Bay Area counties, including Santa Clara County, took the unprecedented and dramatic step of issuing “shelter-in- place” orders directing county residents to shelter at home for three weeks beginning March 17 (the “Shelter-in-Place Order” or “Order”). The Order limits activity, travel, and business functions to only the most essential needs. The Order requires all businesses other than “essential businesses”, as defined, to cease activities at facilities located in the county. Three days later, on March 20, the Governor issued a shelter-in-place order for the entire state. G. Following prior guidance and recommendations of public health officials and experts over the past month, Californians in particularly impacted areas like Santa Clara County Not Yet Approved ATTACHMENT A 2020033001 2 had already begun observing enhanced social distancing practices, including increased telework on a voluntary basis. Under the more recent county health orders that became effective on March 176, 2020, and were updated on March 31, the vast majority of city residents and workers are not able to report to work and many businesses have closed. As a result, restaurant, retail, tourism, and hospitality business has significantly declined and will continue to decline with mandatory closures now in effect for many businesses and most workers required to work remotely at home if they are able to work at all. Workers have been impacted by lost wages and layoffs. Parents have had to miss work to care for home-bound school-age children. H. Many tenants have experienced sudden income loss, and further, more severe income impacts are anticipated. The loss of wages caused by the effects of COVID-19 may impact tenants’ ability to pay rent when due, leaving tenants vulnerable to eviction. I. Providing tenants with short-term protection from eviction due to the inability to pay rent will help avoid increasing the homeless population and stabilize the rental housing market by reducing displacement. This need is even more acute while in the middle of a growing pandemic with in-home sheltering mandated to reduce the community spread of COVID-19, the threat of overburdening of the health care system and resulting fatalities. J. During this state of emergency, and in the interests of protecting the public health and preventing the transmission of the coronavirus, it is essential to avoid unnecessary displacement of tenants. Prohibiting evictions on a temporary basis is needed until the spread of the virus can be minimized and the emergency restrictions lifted. K. On March 24, 2020, the day after the Council first considered and approved this Ordinance, the Santa Clara County Board of Supervisors adopted an urgency ordinance prohibiting tenant evictions related to the COVID-19 pandemic that it applied as an emergency action throughout the county, including in cities such as Palo Alto. The county’s ordinance provides substantially similar protections as this Ordinance. The county’s ordinance did not foreclose cities from adopting their own ordinance, nor supersede already adopted ones, but instead stated that the most protective provisions would apply. The county’s ordinance is in effect through May 31, 2020, as may be extended. SECTION 2. Title This Ordinance shall be known as the “COVID-19 Eviction Moratorium Ordinance”. SECTION 3. Definitions A. “Affected Tenant” shall mean a Tenant who has, as a result of the COVID-19 pandemic, or declaration of the County Public Health Officer, or other local, State or Federal Authority, suffered a substantial loss in income through their employment as a result of any of the following: (1) job loss; (2) a reduction of compensated hours of work; (3) employer’s business closure; (4) missing work due to a minor child’s school closure; or (5) other similarly-caused reason resulting in a loss of income due to COVID-19. Not Yet Approved ATTACHMENT A 2020033001 3 B. “Covered Reason for Delayed Payment” includes, but is not limited to, any of the following: (1) Tenant lost household income as a result of being sick with Coronavirus, or caring for a household or family member who is sick with Coronavirus; (2) Tenant lost household income as a result of a lay-off, loss of hours, or other income reduction resulting from Coronavirus or the state of emergency; (3) Tenant lost household income due to compliance with a recommendation from a government agency to stay home, self-quarantine, or avoid congregating with others during the state of emergency. D. “Landlord” means an owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any Rental Unit, and the agent, representative, or successor of any of the foregoing. F. “Rental Unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household, and which household pays rent for the use and occupancy for periods in excess of seven days whether or not the residential use is a conforming use permitted under the Palo Alto Municipal Code. G. “Tenant” means a residential tenant, subtenant, lessee, sublessee, or any other person entitled by written or oral rental agreement, or by sufferance, to use or occupancy of a Rental Unit. SECTION 4. Applicability This Ordinance applies to Affected Tenants in any Rental Unit and Landlords of Affected Tenants. This Ordinance applies to nonpayment and certain no-fault eviction notices and unlawful detainer actions based on such notices, served or filed on or after the date of introduction of this Ordinance. SECTION 5. Prohibited Conduct A. During the term of this Ordinance, no Landlord shall take actions to evict a Tenant for nonpayment of rent or for a no-fault cause for eviction, as those causes are defined in Civil Code Section 1946.2(b)(2)(A)-(B) and (D), if the Tenant demonstrates that as a result of the COVID-19 pandemic, or declaration of the County Public Health Officer, or other local, State or Federal Authority, including government-recommended precautions related to the COVID-19 pandemic, the Tenant has suffered a substantial loss in income through their employment as a result of any of the following: (1) job loss; (2) a reduction of compensated hours of work; (3) employer’s business closure; (4) missing work due to a minor child’s school closure; or (5) other similarly-caused reason resulting in a loss of income due to COVID-19 (collectively referred to as “Covered Reasons for Delayed Payment”). B. A Landlord who knows that a Tenant cannot pay some or all of the rent temporarily for the reasons set forth above, shall not serve a notice pursuant to Code of Civil Procedure Section 1161(2), file or prosecute an unlawful detainer action based on a 3-day pay or Not Yet Approved ATTACHMENT A 2020033001 4 quit notice, or otherwise seek to evict for nonpayment of rent. C. A Landlord knows of the Tenant’s inability to pay rent within the meaning of this Ordinance if the Tenant notifies the Landlord in writing of lost income and inability to pay full rent, and provides documentation to support the claim. For purposes of this section, “in writing” includes email or text communications to a Landlord or the Landlord’s representative with whom the Tenant has previously corresponded by email or text. Any medical or financial information provided to the Landlord shall be held in confidence, and only used for evaluating the Tenant’s claim or enforcing this provision. D. A Landlord’s failure to comply with this Ordinance shall render any notice of termination of tenancy, where termination would be in violation of this Section, void. Any notice of termination of tenancy served on a Tenant while this Ordinance is in effect must contain the reason for termination of tenancy. Any notice of termination served on a Tenant must also include a copy of this Ordinance as well as notice of Tenant’s rights under County Ordinance No. NS-9.287 on a form approved by the County Office of Supportive Housing if the County Ordinance is in effect at the time. SECTION 6. Continuing Obligation to Pay Rent; 120-Day Payback Period A. Nothing in this Ordinance shall relieve the Tenant of liability for the unpaid rent, which the Landlord may seek after expiration of the Proclamation of Local Emergency ratified and declared by the City Council on March 23, 2020 (the “state of emergency”). A Landlord may not charge or collect interest, a late fee, or penalty for rent that is delayed for the reasons stated in this Ordinance. B. Tenants who were afforded eviction protection under this Ordinance shall have up to 120 days after the City of Palo Alto proclaims the termination of the state of emergency, to pay their Landlord all unpaid rent. During that 120-day period, the protections against eviction in this Ordinance apply for such Tenants. SECTION 7. Affirmative Defense to Eviction; Penalties and Remedies A. Affirmative Defense. Each Landlord that seeks to terminate a tenancy of an Affected Tenant must comply with this Ordinance. Non-compliance with any applicable provision of this Ordinance shall constitute an affirmative defense for an Affected Tenant against any unlawful detainer action under California Code of Civil Procedure Section 1161, as amended. To assert this affirmative defense, an Affected Tenant shall have notified their Landlord prior to the notice of termination of tenancyNotice of Termination expiring that they are an Affected Tenant and establish that, as a as a result of the COVID-19 pandemic or declaration of County Public Health Officer, or other State or Federal Authority, suffered substantial loss of income caused by any of the following: (1) job loss; (2) a reduction of compensated hours of work; (3) work closure; (4) missing work due to a minor child’s school closure; or (5) other similarly-caused reason resulting in a loss of income due to COVID-19, and has provided written documentation or other objectively verifiable proof Not Yet Approved ATTACHMENT A 2020033001 5 of the same. The following documents shall create a rebuttable presumption that the Affected Tenant has met the documentation requirement set forth above, however, they are not the exclusive form of documentation demonstrating impacts to income due to COVID-19: 1. Letter from employer citing COVID-19 as a reason for reduced work hours or termination; 2. Employer paycheck stubs; 3. Bank statements. B. Civil Remedies. 1. Any Landlord that fail(s) to comply with this Ordinance may be subject to civil proceedings for displacement of Affected Tenant(s) initiated by the City or the Affected Tenant Household for actual and exemplary damages. 2. Whoever is found to have violated this Ordinance shall be subject to appropriate injunctive relief and shall be liable for damages, costs and reasonable attorneys' fees. 3. Treble damages shall be awarded for a Landlord's willful failure to comply with the obligations established under this Ordinance. 4. Nothing herein shall be deemed to interfere with the right of a Landlord to file an action against a Tenant or non-Tenant third party for the damage done to said Landlord's property. Nothing herein is intended to limit the damages recoverable by any party through a private action. SECTION 8. Severability If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 9. Environmental Review The Council finds that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15601 of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. // // Not Yet Approved ATTACHMENT A 2020033001 6 SECTION 10. Effective Date This Ordinance shall be effective on the thirty-first day after the date of its adoption and shall remain in effect until the 121st day after the City Council proclaims the termination of the state of local emergency ratified and declared by the Council on March 23, 2020, as extended. SECTION 11. Avoidance of Inconsistencies To avoid inconsistencies, the City Manager may suspend any part of this Ordinance in the event that the President of the United States, United States Congress, Governor of the State of California, or California State Legislature adopts any order or legislation that is inconsistent with the actions directed in the Ordinance. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services City of Palo Alto (ID # 11178) City Council Staff Report Report Type: Informational Report Meeting Date: 4/6/2020 City of Palo Alto Page 1 Summary Title: PAFD Semi-Annual Performance Report FY20 Title: Palo Alto Fire Department Semi-Annual Performance Report for the First Half of Fiscal Year 2020 From: City Manager Lead Department: Fire Recommendation Staff recommends the City Council review the First Palo Alto Fire Department Semi- Annual Performance Report for Fiscal Year 2020. Background and Discussion In Fiscal Year 2015 the Palo Alto Fire Department (PAFD) identified performance reporting as a key initiative, and began reporting on key performance measures quarterly. In Fiscal Year 2018 the Department began submitting reports twice each year. The report provides overall calls for service information, as well as more detailed information on the key service areas, including Emergency Medical Services, Fire Suppression, Rescue and Hazardous Materials Response, and Fire Prevention. The report also provides information on mutual and automatic aid with our regional public safety partners and internal workforce planning efforts. Performance measures include the following: • Calls for Service: This data provides information on the final outcome of all emergency response calls. The data is tracked in the Fire Department’s Record Management System, and uses standardized call type codes, which are defined by the National Fire Incident Reporting System (NFIRS). The report includes overall call volume by primary category, and a detailed listing of call type in the service type sections. • Response Times: The time that an alert is received from the emergency dispatchers to the arrival of the fire resources at the scene of the emergency. City of Palo Alto Page 2 This information is tracked in the Computer Aided Dispatch (CAD) System, and the performance goals, or service levels, are set by Council in accordance with county and national standards. • Ambulance Transports: The report provides the number of ambulatory transports to hospitals or other medical care facilities, and the proportion of Emergency Medical Calls that included transports. This information is tracked in the Fire Department’s Emergency Medical Record Management System. • Fire Containment: This measures the proportion of building and structure fires that are contained to the area or room of origin within Palo Alto and Stanford Campus. • Mutual and Automatic Aid: This includes the number and proportion of all incidents that the PAFD provided aid to neighboring communities, as well as the aid received from neighboring Fire Departments. This information is tracked in the CAD System. • Permits: This provides the total count of facility, electric vehicle, and solar permits issued by the Fire Prevention Bureau. This information is currently tracked in the Development Center’s Records Management System. • Inspections: A count of the total number of Hazardous Materials and State Mandated inspections is provided. In addition, an estimated number of inspections to be completed for the year is also provided to assess overall workload performance to date. • Fire and Life Safety Plans Reviewed: This provides a total count of all plans reviewed, as well as the proportion of plans that were reviewed within the time guidelines. • Vacancies and Off-Line Employees: This section provides the total number of budgeted full-time equivalent shift personnel, current vacancies, and employees that are off-line due to workers compensation or light duty. This information is obtained from the Fire Department’s Staffing and Scheduling System (TeleStaff), as well as the City’s Personnel Management System. • Succession Planning Metrics: This provides the number and proportion of shift personnel that are eligible to retire, or will be eligible within the next five years. This information is tracked in the City’s Personnel Management System. This report also provides the total number of hours that shift personnel spent in an acting capacity. Personnel serving in an acting capacity are a key component of the Department’s overall succession planning efforts. Acting capacity allows junior officers to learn the responsibilities of higher ranks with guidance from City of Palo Alto Page 3 senior officers. This information is tracked in TeleStaff. • Training hours: The total number of training hours completed by all shift personnel is provided, as well as the average number of hours per each shift personnel on staff. This information is tracked in the Fire Department’s Record Management System. Local, State and Federal mandates require fire personnel to train a minimum of 20 hours per month. Attachments: • ATTACHMENT A_Coverletter FINAL • ATTACHMENT B_Semi Annual Performance Report FY20.1 FINAL • ATTACHMENT C_EMS Customer Report • ATTACHMENT D_Letters of Appreciation P.O Box 10250 Palo Alto, CA 94303 650.329.2184 650.327.6951 fax City of Palo Alto Fire Department Honorable Councilmembers, I am pleased to provide the enclosed performance report for the first half of Fiscal Year 2020. This period saw a five percent (5%) increase in overall call volume. This is primarily from an increase in our Emergency Medical Services calls. In 2018, the Department conducted a predictive analysis with subject matter expert consultants, Actionable Insights, that showed an expected increase to EMS call volume of 25-34% by 2030. This increase may be the beginning of this predicted growth. To strategically prepare for this expected surge in demand, the Department is convening a stakeholder group to work on a business plan for alternative service delivery models. This February we graduated six new Palo Alto Firefighters from the Joint Fire Academy, and I am proud to welcome them to the Department. I have been impressed with their performance and appreciate the dedication of the Training Division with adequately preparing them. Although we over hired to reduce vacancies, we had a few retirements, and we are currently fully staffed for the first time. Although we are fully staffed, we expect this to be temporary as forty-three percent (43%) of our line staff are eligible to retire in the next five years. To prepare for additional retirements, our Support Services division is working to conduct an entry-level hiring to establish a hiring list. Sincerely, Geo Blackshire Fire Chief Palo Alto Fire Department First Semi-Annual Performance Report Fiscal Year 2020 Calls for Service The Palo Alto Fire Department (PAFD) responded to a total of 4,499 calls for service in the first six- month period of Fiscal Year 2020. This includes responses within Palo Alto, Stanford, and neighboring cities to provide Auto and Mutual Aid. Approximately eighty-three percent (83%) of calls are generated from Palo Alto, sixteen percent (16%) from Stanford, and the remainder from neighboring cities or requests for regional fire deployment. The majority of calls were for Rescue and Emergency Medical Services, making up sixty two percent (62%) of the responses. Table 1 below shows the main categories of the calls to which PAFD responded. Calls are classified based on the actual event occurred, rather than the initial call request. Call Type FY19 JUL-DEC FY20 JUL-DEC Rescue and Emergency Medical Services Incidents 2,632 2792 Good Intent 620 666 False Alarm and False Call 620 601 Service Call 231 312 Fire 85 57 Hazardous Condition, No Fire 76 71 Grand Total 4,264 4,499 Good Intent and False Alarm calls make up the second largest types of responses. Most calls for service that may be a true threat of fire, gas or other emergency hazard are actually found to be something else after Firefighters investigate the situation. These calls are coded as Good Intent calls. As well, many fire alarm activations are from causes other than fire or emergency hazard. These situations are categorized as False Alarm calls. PAFD FY20 Bi-Annual Performance Report 2 | P a g e Emergency Medical Services and Rescue Emergency Medical Service (EMS) is the primary service that the Palo Alto Fire Department provides to Palo Alto and Stanford. While this shift toward EMS is being seen across the region, the Palo Alto Fire Department is the only Fire Department in the County that provides ambulance and transport services. Of the 2,792 Emergency Medical Service calls the PAFD responded to in the first period of Fiscal Year 2020, the overwhelming majority were for medical, trauma and cardiac calls that did not involve a vehicle accident. Rescue and EMS Performance Measures FY19 JUL-DEC FY20 JUL-DEC Emergency Medical Service Incident 2,577 2,729 Extrication, Rescue 41 54 Lock-In 10 4 Rescue or EMS Standby 2 4 Water and Ice-Related Rescue 1 1 Search for Lost Person 1 - Total 2,632 2,792 Transports Number of Transports 1,774 1958 Percent of EMS Calls resulting in transport 67% 70% Response Times Percent of first responder arriving on scene to EMS calls within 8 minutes 93% 91% Percent of paramedic responder arriving on scene to EMS calls within 12 minutes 99% 99% Average response time for first responder arriving on scene to EMS calls 5:06 5:14 This period reflects a slight increase to the number of Rescue and EMS Incident calls. The number of EMS calls that resulted in an ambulance transport to a local hospital or care facility, accounted for seventy percent (70%) of all EMS calls. This is the primary source of revenue generated from emergency medical services, and the Department has seen a small increase to revenue from the surge of EMS calls over the last period.  Response Time Goal Met: At least 90% of first responder arriving on scene to EMS calls within eight minutes. This period the PAFD first responder arrived on scene to EMS calls within eight minutes ninety-one percent (91%) of the time.  Response Time Goal Met: At least 99% of paramedic responder arriving on scene to EMS calls within 12 minutes. This period the PAFD paramedic responder arrived on scene to EMS calls within 12 minutes ninety-nine percent (99%) of the time. PAFD FY20 Bi-Annual Performance Report 3 | P a g e Fire Suppression Very few of the potential fire calls coming into dispatch turn out to be a real fire once PAFD investigates the scene and cause of the concerning elements. This period PAFD responded to fifty- seven (57) calls where fire was present, with forty-three in Palo Alto and thirteen occurring in Stanford. There were seven (7) building fires that the Department responded to where five of which were contained to the area of origin. Here are the descriptions of the significant fires for this period: 7/5/19 Units responded to find light brown smoke showing from Charlie side of portable classroom structure at rear of Cubberly complex. A 10 foot by 20 foot enclosed wood shed with smoke pushing out door seam and roof lines. Units made entry to the shed and found heavy brown smoke. The fire was extinguished. Overhaul was performed while attempting to maintain evidence for fire investigation. 8/26/19 On arrival smoke was showing from a downstairs apartment unit at the rear of the complex. Personnel entered and extinguished the fire. The main fire damage was in a closet immediately to the left of the front door, the hallway, and some damage in the kitchen. 12/5/19 PAFD crews responded to a structure fire. Crews arrived on scene to a working fire in the center occupancy of a multi-unit structure. The fire was confined to the living room of the unit of origin. Units on scene got a quick knock down, completed a primary search, checked for fire extension and performed salvage and overhaul. Red cross was also dispatched for the displaced residents. 12/25/ 19 PD responded to a Christmas tree on fire in a home. At that time the smoke seemed to be dissipating, which was due to the sprinklers being activated and putting out the fire. The fire had been found to be contained to the tree, which we removed from the residence. There was significant water damage and crews performed salvage and overhaul before turning over the scene to the building owners. PAFD FY20 Bi-Annual Performance Report 4 | P a g e Fire Suppression Measures FY19 JUL-DEC FY20 JUL-DEC Structure Fire 32 18 Special outside fire 2 14 Outside rubbish fire 19 8 Mobile property (vehicle) fire 12 6 Natural vegetation on fire 10 6 Fire, Other 10 5 Fire in mobile property used as a fixed structure 0 - Total 85 57 Response Times Percent of first responder arriving on scene to Fire calls within 8 minutes 88% 86% Average response time for first responder arriving on scene to Fire calls 5:43 5:48 Fire Containment Percent of building and structure fires contained to the room or area of origin 71% 71%  Response Time Not Goal Met: At least 90% of first responder arriving on scene to Fire calls within eight minutes. This period the PAFD first responder arrived on scene to Fire calls within eight minutes eighty six percent (86%) of the time.  Fire Containment Goal Not Met: At least 90% of building and structure fires contained to the room or area of origin. This period there were seven building or structure fires within Palo Alto or Stanford, of which seventy one percent (71%) was contained to the room or area of origin. PAFD FY20 Bi-Annual Performance Report 5 | P a g e Hazardous Materials The Fire Department responded to a total of 71 calls related to hazardous material incidents. The most common Hazardous Material call is spills and leaks of either natural or liquid petroleum gas (LPG) which totaled 44. This number accounted for sixty-two (62%) percent of all Hazardous Material calls. The second highest Hazardous Material calls were related to electrical wiring or equipment problems. fifteen (15) of these calls account for twenty (20%) percent of all Hazardous Material calls. Hazardous Materials Response Measures FY19 JUL-DEC FY20 JUL-DEC Combustible/Flammable spills and leaks 36 44 Electrical wiring/Equipment problem 15 15 Biological hazard 8 3 Chemical release, reaction, or toxic condition 4 5 Accident, potential accident 3 3 Attempted burning, illegal action 0 1 Hazardous Condition, Other 10 - Total 76 71 Response Times Average response time for first responder arriving on scene to Rescue & Hazardous Materials calls 6:42 6:40 PAFD FY20 Bi-Annual Performance Report 6 | P a g e Mutual and Automatic Aid The Fire Department previously held automatic aid agreements with five regional Fire Departments, including Mountain View, Menlo Park, and Santa Clara County Fire. At the request of the City of Mountain View, the automatic aid agreement was modified at the beginning of January 2018 resulting in a significant decrease in the number of calls compared to the prior fiscal year. The Palo Alto Fire Department continues to advocate for the closest unit response and collects objective data to support improved services to all of our communities under the previous automatic aid agreement. Santa Clara County received the highest amount of aid from the department this period accounting for fifty-eight (58%) of all mutual and auto aid provided. The Department received the most aid from Mountain View with a total of 36 incidents. Mutual Aid Performances FY19 JUL-DEC FY20 JUL-DEC Mutual and Auto Aid Provided Agency Santa Clara County Fire 34 33 Mountain View Fire 21 15 Menlo Park Fire 5 4 San Mateo City 0 1 San Mateo County 1 2 Morgan Hill 1 Gilroy 1 All Mutual and Auto Aid Provided 61 57 Mutual and Auto Aid Received Agency Mountain View Fire 28 36 Menlo Park Fire 16 16 Woodside Fire - 10 Santa Clara County Fire 4 1 All Mutual and Auto Aid Received 48 63 PAFD FY20 Bi-Annual Performance Report 7 | P a g e Fire Prevention The Fire Prevention Bureau ensures compliance with the Fire Code for the safety of occupants and protection of property. Fire Inspectors perform fire sprinkler and fire alarm plan checks, permitting, and field inspections with the goal of ensuring all construction complies with local and national codes. This period saw a significant increase in the number of plans reviewed compared the same period in the prior year. The reduction in the number of plans completed on-time is directly attributed to the increase in workload for the Bureau staff. Prevention Bureau Performance Measures FY19 JUL-DEC FY20 JUL-DEC Permits Fire Permits Issued 225 214 Sprinkler Permits Issued 136 157 Solar Permits Issued 46 93 Electric Vehicle Permits Issued 0 0 Inspections Fire Inspections 5,046 5,288 Hazardous Material Inspections Completed 241 139 Number of Hazardous Material Inspections for the year 565 700 Percent of Hazardous Material Facilities Inspections Complete 43% 20% State Mandated Inspections Completed 228 332 Number of State Mandated Inspections for the year 574 517 Percent of State Mandated Facilities Inspections Complete 40% 62% Fire and Life Safety Plan Review Plans Reviewed 860 1,000 Percent of Reviews Completed On-Time 95% 93% PAFD FY20 Bi-Annual Performance Report 8 | P a g e Workforce Planning The Department operates daily emergency response operations with a total of 86.00 FTE line personnel. This includes three battalions of crews that staff six stations in the City and Stanford 24 hours each day. Over the last period, the department was fully staffed for the first time in over a decade. Six new firefighters were hired to complete a Joint Fire Academy and will graduate in February. The Department continues to face massive turnover in the future with forty-three percent (43%) of all shift staff eligible to retire. To prepare for this, the Department is working on completing an entry-level hiring process to create a new list to hire from as more staff retire over the next two years. The training division supported the Joint Fire Academy, conducting training and testing for Acting Captains, completed an Apparatus Operator handbook and hosted trainings on night drills and urban search and rescue this period. Vacancies and Off-Line Employees FY20 JUL-DEC Classification Budgeted FTE Vacancies Off-Line Employees (Workers Comp/Light Duty) Personnel On Line Percent of Personnel On Line Battalion Chief 4 0 0 4 100% Fire Captain 22 0 0 22 100% Fire Apparatus Operator & Fire Fighters 60 0 2 58 97% TOTAL 86 0 2 84 98% Succession Planning FY19 JUL-DEC FY20 JUL-DEC Personnel Number of Shift Staff Currently Eligible to Retire 25 22 Number of Shift Staff Eligible to Retire in Five Years 18 16 Percent of all Shift Staff Eligible to Retire within Five Years 51% 43% Number of Acting Battalion Chief Hours 48 - Number of Acting Captain Hours 1,681 2,278 Number of Acting Apparatus Operator Hours 8,107 8,162 Training Hours of Training Completed 17,464 23,917 Average Hours Per Line Personnel 253 310 PAFD VITAL SIGNS REPORT SURVEYS RECEIVED 7-1-2019 THROUGH 12-31-2019 FILTERS: SURVEY: 1 P.O. Box 100, Andover MA 01810 (844) 340-6060 Feedback-Innovations.com 1.0 EXECUTIVE SUMMARY PAFD received a total of 228 responses for this period. The highest rated section was Communication, with a total score of 96.05. The lowest rated section was Billing, with a total score of 88.73. •The Communication section had a 1.2% increase in Ambulance staff's concern for your privacy La preocupación del personal del ambulancia en cuanto a su privacidad. •The Billing section had a 1.8% increase in Ability of billing personnel to meet your needs Capacidad del personal de facturación para satisfacer sus necesidades. This may be a focus for further improvement. •Percentile ranking this period is lower 31.91%. Cumulative Score: 94.12 The benchmark is the mean average of all responses for all services in the Feedback Innovations database. VITAL SIGNS PATIENT SATISFACTION REPORT 1 VITAL SIGNS PATIENT SATISFACTION REPORT 2 2.0 IMPROVEMENT PRIORITY RANKING Rank Question 1 Professionalism of person on the phone Profesionalidad de la persona al teléfono 2 Ability of person on phone to meet your needs Capacidad de la persona al teléfono para satisfacer sus necesidades 3 Speed in which person on the phone dispatched help Velocidad en que la persona al teléfono envió la ayuda 4 Information given prior to ambulance arrival Información ofrecida antes de la llegada de la ambulancia 5 Helpfulness of billing personnel Amabilidad del personal de facturación 6 Ability of billing personnel to meet your needs Capacidad del personal de facturación para satisfacer sus necesidades 7 Responsiveness of billing personnel to billing issues Capacidad de respuesta a los problemas de facturación 8 Cleanliness of ambulance Limpieza de la ambulancia 9 Wait time to get an ambulance Tiempo de espera para conseguir una ambulancia 10 Degree to which service was worth the fees Grado en que el servicio es digno de los honorarios 11 Likelihood of recommending ambulance service Probabilidad de recomendar el servicio 12 Ambulance staff's concern for your privacy La preocupación del personal del ambulancia en cuanto a su privacidad 13 Degree ambulance staff took your condition seriously Grado en que el personal del ambulancia se tomó en serio su condición 14 Ambulance staff's efforts to inform you about treatment Los esfuerzos del personal del ambulancia para informarle sobre el procedimiento 15 Degree to which the ambulance staff worked together to care for you Grado en que el personal del ambulancia trabajó en equipo para cuidar de usted 16 Comfort of ambulance ride Confort durante el viaje en ambulancia 17 Your confidence in skill of ambulance staff Su confianza en la experiencia del personal del ambulancia 18 Ambulance staff cared for you as a person Cuidados recibidos por personal del ambulancia 19 How well your pain was controlled ¿En qué grado se ha controlado su dolor? 20 Your comfort when moved by ambulance staff Su comodidad cuando fue trasladado por el personal del ambulancia The Improvement Priority Ranking uses a combination of score and correlation to overall satisfaction to determine the most important areas for improvement. The closer to 1 the more important it is to your patients that this aspect of your service be improved upon. VITAL SIGNS PATIENT SATISFACTION REPORT 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY 2.0 IMPROVEMENT PRIORITY RANKING TABLE OF CONTENTS 4.0 SECTIONS 4.1 Dispatch 4.2 Communication 4.3 Medical Care 4.4 Billing 4.5 Service Quality 4.6 Overall 1 3 4 5 5 6 7 8 9 10 3.0 DEMOGRAPHIC INFORMATION VITAL SIGNS PATIENT SATISFACTION REPORT 4 4.0 SECTIONS 4.1 Dispatch Percentile ranking this period is lower 29.79%. The Dispatch section showed a 0.75% increase overall from Previous Period to Current Period, with a total score of 95.85. Drilling down by question for the Dispatch section: •There was a 0.6% increase for Professionalism of person on the phone Profesionalidad de la persona al teléfono, with a score of 95.6. •There was a 0.8% increase for Ability of person on phone to meet your needs Capacidad de la persona al teléfono para satisfacer sus necesidades, with a score of 96.0. •There was a 0.6% increase for Speed in which person on the phone dispatched help Velocidad en que la persona al teléfono envió la ayuda, with a score of 96.6. •There was a 1.0% increase for Information given prior to ambulance arrival Información ofrecida antes de la llegada de la ambulancia, with a score of 95.2. VITAL SIGNS PATIENT SATISFACTION REPORT 5 4.2 Communication Percentile ranking this period is lower 32.98%. The Communication section showed a 0.9% increase overall from Previous Period to Current Period, with a total score of 96.05 . Drilling down by question for the Communication section: •There was a 1.2% increase for Ambulance staff's concern for your privacy La preocupación del personal del ambulancia en cuanto a su privacidad, with a score of 95.6. •There was a 1.0% increase for Degree ambulance staff took your condition seriously Grado en que el personal del ambulancia se tomó en serio su condición , with a score of 97.0. •There was a 0.4% increase for Ambulance staff's efforts to inform you about treatment Los esfuerzos del personal del ambulancia para informarle sobre el procedimiento , with a score of 94.8. •There was a 1.0% increase for Degree to which the ambulance staff worked together to care for you Grado en que el personal del ambulancia trabajó en equipo para cuidar de usted, with a score of 96.8. VITAL SIGNS PATIENT SATISFACTION REPORT 6 4.3 Medical Care Percentile ranking this period is lower 38.3%. The Medical Care section showed a 0.4% increase overall from Previous Period to Current Period, with a total score of 94.8. Drilling down by question for the Medical Care section: •There was a 0.4% increase for Your confidence in skill of ambulance staff Su confianza en la experiencia del personal del ambulancia, with a score of 96.6. •There was a 0.6% increase for Ambulance staff cared for you as a person Cuidados recibidos por personal del ambulancia, with a score of 96.6. •There was a 1.8% increase for How well your pain was controlled ¿En qué grado se ha controlado su dolor?, with a score of 93.2. •There was a 0.4% decrease for Your comfort when moved by ambulance staff Su comodidad cuando fue trasladado por el personal del ambulancia, with a score of 94.6. •There was a 0.4% decrease for Comfort of ambulance ride Confort durante el viaje en ambulancia, with a score of 93.0. VITAL SIGNS PATIENT SATISFACTION REPORT 7 4.4 Billing Percentile ranking this period is lower 10.64%. The Billing section showed a 2.73% increase overall from Previous Period to Current Period, with a total score of 88.73. Drilling down by question for the Billing section: •There was a 2.6% increase for Helpfulness of billing personnel Amabilidad del personal de facturación, with a score of 88.6. •There was a 1.8% increase for Ability of billing personnel to meet your needs Capacidad del personal de facturación para satisfacer sus necesidades, with a score of 88.2. •There was a 3.8% increase for Responsiveness of billing personnel to billing issues Capacidad de respuesta a los problemas de facturación, with a score of 89.4. VITAL SIGNS PATIENT SATISFACTION REPORT 8 4.5 Service Quality Percentile ranking this period is lower 25.53%. The Service Quality section showed a 0.85% increase overall from Previous Period to Current Period, with a total score of 93.7. Drilling down by question for the Service Quality section: •There was a 1.2% increase for Cleanliness of ambulance Limpieza de la ambulancia, with a score of 96.6. •There was a 1.0% increase for Wait time to get an ambulance Tiempo de espera para conseguir una ambulancia, with a score of 96.0. •There was a 1.0% increase for Degree to which service was worth the fees Grado en que el servicio es digno de los honorarios, with a score of 88.8. •There was a 0.2% increase for Likelihood of recommending ambulance service Probabilidad de recomendar el servicio , with a score of 93.4. VITAL SIGNS PATIENT SATISFACTION REPORT 9 4.6 Overall Percentile ranking this period is lower 31.91%. The Overall section showed a 1.2% increase overall from Previous Period to Current Period, with a total score of 95.6. Drilling down by question for the Overall section: •There was a 1.2% increase for Overall rating of experience Valoración general de la experiencia, with a score of 95.6. VITAL SIGNS PATIENT SATISFACTION REPORT 10 From: Mark Meyers <mmeyers@paloaltojcc.org> Sent: Monday, July 15, 2019 9:10 AM To: Blackshire, Geoffrey <Geoffrey.Blackshire@CityofPaloAlto.org> Cc: Lopez, Manny <MLopez@moldaw.org>; City Mgr <CityMgr@cityofpaloalto.org> Subject: staff recommendation/commendation CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Dear Fire Chief Blackshire, Recently one of your staff, Brent White, came to our campus to do our annual fire/life safety inspection. From the very beginning of meeting Brent White, his professionalism and knowledge was very evident. He was clear in his communicating what we needed to provide and helped us through the very lengthy inspection of over 850,000 square feet of space. Continually, through the process we were amazed at his knowledge and insight to buildings fire systems and life safety. His expertise and guidance helped us through a very thorough inspection. When we had questions, Brent responded quickly and concisely with remedies and ideas on how to go about solutions. In all my years, working in facilities management and working for the City of Palo Alto, I have not come across someone so absolutely professional and adept at his work. This example of competency is truly a breath of fresh air. Please place our recommendation and commendation for a job well done in Brent’s personnel file. We expect to see Brent in the coming years here at campus and look forward to working with him. If you have any questions, please feel to contact us at any time. Kind regards, Mark Meyers, FMP Director of Facility Operations Oshman Family JCC 3921 Fabian Way Palo Alto, CA 94303 mmeyers@paloaltojcc.org Phone: (650) 223-8634 Cell : (650) 546-6206 FCC Radio: KJ6YFZ From: Murphy, Chris <Chris.Murphy@sanjoseca.gov> Sent: Sunday, August 04, 2019 4:17 PM To: Blackshire, Geoffrey <Geoffrey.Blackshire@CityofPaloAlto.org> Subject: Commendation CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Good Afternoon Fire Chief Blackshire - On behalf of the San Jose Fire Department, I’d like to express my appreciation for the exemplary work performed by Palo Alto Firefighters Scott Woodfin and Tom Hamilton. My office recently investigated a mobile home fire and it was determined that two juveniles were responsible for this fire. I reached out Scott Woodfin for assistance, knowing that he is our local expert on juvenile firesetter matters. Without hesitation, Scott scheduled a Youth Firesetter Intervention Program that catered to the specific needs of these two young boys. I had an opportunity to speak with the parents of these two boys and they were both impressed by and thankful for the education and care that Scott and Tom provided to their children. I know that the training provided by your personnel will have a positive impact on these two boys. Please pass along my congratulations and thanks for a job well done, to Scott Woodfin and Tom Hamilton. Respectfully yours, Christopher L. Murphy Captain/Supervisor San Jose Fire Department Arson Unit City of Palo Alto (ID # 11189) City Council Staff Report Report Type: Informational Report Meeting Date: 4/6/2020 City of Palo Alto Page 1 Summary Title: Proclamation-Earthquake Preparedness Month Title: Proclamation Declaring the Month of April to be Earthquake Preparedness Month From: City Manager Lead Department: Office of Emergency Services See attached proclamation. Attachments: • Attachment A: April 2020 Earthquake Preparedness Month ______________________________ Adrian Fine Mayor Proclamation EARTHQUAKE PREPAREDNESS MONTH WHEREAS, the State of California has proclaimed April to be Earthquake Preparedness Month; and WHEREAS, the City of Palo Alto recognizes the importance of preparing for earthquakes and the possible consequences of a major seismic event; and WHEREAS, the City of Palo Alto has developed an Emergency Services Volunteer (ESV) program that is comprised of Amateur Radio (ham) operators, Block Preparedness Coordinators (which includes Neighborhood Watch), and other specialties such as our Community Emergency Response Team (CERT); and WHEREAS, earthquakes can overwhelm the City and other government agencies, thus each individual, business, and other organization must bear responsibility by taking steps for preparedness, mitigation, response, and recovery; and WHEREAS, the City's Office of Emergency Services has helpful information posted on www.cityofpaloalto.org/preparedness. NOW, THEREFORE, I, Adrian Fine, Mayor of the City of Palo Alto on behalf of the entire City Council do hereby declare the month of April to be Earthquake Preparedness Month in the City of Palo Alto. I call upon all citizens and entities of the Palo Alto Community to join together to improve our resilience before the next Big One. Presented: April 6, 2020