Loading...
HomeMy WebLinkAbout2018-03-19 City Council Agenda Packet City Council 1 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Monday, March 19, 2018 Special Meeting Council Chambers 5:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday 11 days preceding the meeting. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Closed Session 5:00-6:00 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Keene, Ed Shikada, Michelle Flaherty, Terence Howzell, Rumi Portillo, Sandra Blanch, Molly Stump, Nicholas Raisch, Lalo Perez, Kiely Nose) Employee Organizations: Utilities Management and Professional Association of Palo Alto (UMPAPA); and Unrepresented Limited Hourly Employees Authority: Government Code Section 54957.6(a) Special Orders of the Day 6:00-6:30 PM 2. Proclamation Welcoming Exchange Students and Chaperones From Tsuchiura, Ibaraki, Japan 3. Mayor's Green Business Leader Award 2 March 19, 2018 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. Agenda Changes, Additions and Deletions City Manager Comments 6:30-6:40 PM Oral Communications 6:40-6:55 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 6:55-7:00 PM 4.Approval of Action Minutes for the February 26 and March 5, 2018 Council Meetings Consent Calendar 7:00-7:05 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 5.Approve and Authorize the City Manager or his Designee to Execute a Contract With U.S. Digital Designs in an Amount Not-to-Exceed $303,023 for the Acquisition of a Fire Station Alerting System as Part of the Fire Ringdown System Capital Improvement Program Project FD-14002 6.Approval of Amendment Number 2 to Contract Number S17166237 With Hillary Rupert for Sustainability Implementation Services to Extend the Term Through December 31, 2019 and Increase the Contract Limit by $187,200 to an Amount Not-to-Exceed $272,200 7.Approval of a Construction Contract With Waterproofing Associates, Inc. in an Amount Not-to-Exceed $280,356 to Provide Construction Services to Replace the Existing J Wing Roof at Cubberley Community Center 8.Approval of a 5-year Contract With Manesco Corporation to Conduct Annual Walking and Mobile Gas Leak Surveys, Including Resurveys of Existing Leaks, for a Total Not-to-Exceed Amount of $437,710 9.Approval and Authorization for the City Manager to: 1) Execute an Electric Fund Construction Contract With K. J. Woods Construction Inc., in the Amount of $1,475,540 for Trenching and Installation of Utility Substructures for Underground Utility District No. 46 (Project EL-12001) in the Area of West Charleston Crossing El Camino Real to Arastradero Road up to Alta Mesa Avenue; 2) Execute the Specific Supplementary Agreement for Joint Participation in the Installation of the Underground Facilities Between the City of Palo Alto, AT&T, and Comcast Corporation of CAIX, Inc.; and 3) Approve Budget Amendments in the Electric Fund Q & A Q & A Q & A 3 March 19, 2018 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. 10. Approval of a Donation of $25,000 From the City Council Contingency Fund to Support North Bay Fire Relief, Resilience, and Recovery 11. SECOND READING: Adoption of an Ordinance of the Council of the City of Palo Alto Amending Chapter 2.22 (Human Relations Commission) and Chapter 2.25 (Parks and Recreation Commission) of the Palo Alto Municipal Code to use Gender-neutral Language and add Gender Identity to the Human Relations Commission’s Jurisdiction, and to Reflect the Community Services Department’s Current Divisions (FIRST READING: March 5, 2018 PASSED 9-0) Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 7:05-7:45 PM 12. Approval of the City of Palo Alto Utilities 2018 Strategic Plan (Continued From February 26, 2018) 7:45-8:15 PM 13. Finance Committee Recommendation That the City Council Adopt a Resolution Adopting a Hydroelectric Rate Adjustment Mechanism (Electric Rate Schedule E-HRA) and Amending the Electric Utility Reserves Management Practices, as Part of a Comprehensive Hydroelectric Generation Variability Management Strategy 8:15-10:30 PM 14. PUBLIC HEARING: Annual Code Update via Adoption of two Ordinances; the First Amending Palo Alto Municipal Code (PAMC) Chapter 2.20 (Planning and Transportation Commission) of Title 2, Chapter 10.64 (Bicycles, Roller Skates and Coasters) of Title 10, and Chapters 18.04 (Definitions), 18.10 (Low-Density Residential (RE, R-2 and RMD)), 18.12 (R-1 Single-Family Residential District), 18.15 (Residential Density Bonus), 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts), 18.28 (Special Purpose (PF, OS and AC) Districts), 18.30(G) (Combining Districts), 18.40 (General Standards and Exceptions), 18.42 (Standards for Special Uses), 18.52 (Parking and Loading Requirements), 18.54 (Parking Facility Design Standards), 18.76 (Permits and Approvals), 18.77 (Processing of Permits and Approvals), and 18.80 (Amendments to Zoning Map And Zoning Regulations) of Title 18, and Chapters 21.12 (Tentative Maps and Preliminary Parcel Maps) and 21.32 (Conditional Exceptions) of Title 21; and the Second Amending PAMC Chapter 10.04 (Definitions) and Chapter 10.64 (Bicycles, Roller Skates and Coasters) of Title 10 (Vehicles and Traffic) to Prohibit use of Bicycles and Similar Vehicles on Certain Sidewalks and Undercrossings and Establish Speed Limits on Shared-use Paths. The First Ordinance 4 March 19, 2018 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. was Recommended for Approval by the Planning and Transportation Commission. Exempt Under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (Continued From March 5, 2018). State/Federal Legislation Update/Action Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. 5 March 19, 2018 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 Sp. Finance Committee Meeting March 20, 2018 Sp. Rail Committee Meeting March 21, 2018 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report 2017 Annual Airport Noise Report, Identifying Noise Trends in the Surrounding Areas and Determining Compliance With Established Voluntary Noise Abatement Procedures Report on Surplus Property Donated to Nonprofit Organizations Public Letters to Council March 12, 2018 March 19, 2018 Sp. Policy and Services Committee Meeting March 21, 2018 City of Palo Alto (ID # 9018) City Council Staff Report Report Type: Special Orders of the Day Meeting Date: 3/19/2018 City of Palo Alto Page 1 Summary Title: Tsuchiura Proclamation Title: Proclamation Welcoming Exchange Students and Chaperones From Tsuchiura, Ibaraki, Japan From: City Manager Lead Department: City Clerk Attachments:  Attachment A: Proclamation Welcoming Exchange Students and Chaperones From Tsuchiura, Ibaraki, Japan Proclamation WELCOMING EXCHANGE STUDENTS AND CHAPERONES FROM TSUCHIURA, IBARAKI, JAPAN WHEREAS, exchange programs between middle schools are the foundation of the Sister City program, which attempts to promote international and intercultural understanding amongst our youth; and WHEREAS, Palo Alto and Tsuchiura City have worked together to involve their respective middle school students and their families in cultural and educational exchanges and special programs; and WHEREAS, the opportunity to host Tsuchiura students here and to send Palo Alto students to Tsuchiura, Japan has proven to be mutually beneficial; and WHEREAS, the City of Palo Alto thanks Tsuchiura City for their generosity and hospitality tended toward young people from Palo Alto since 1995. NOW, THEREFORE, I, Liz Kniss, Mayor of the City of Palo Alto, on behalf of the City Council, hereby express our heartfelt welcome and record congratulations and the best wishes of the City of Palo Alto to Ms. Chizuru Horikoshi, Ms. Masumi Nishiko, Mr. Hiroshi Sugaya and 16 students (Wakana Uchiyama, Umi Matsuoka, Shoko Nakada, Marin Sato, Rio Shimomura, Ayane Hoshi, Yuna Yoshimura, Kotaro Oshima, Kohei Tagami, Daishi Aso, Haruki Kikuchi, Hayato Kinoshita, Takumi Kurimata, Kai Tsurumachi, Tsubasa Ozeki and Sogo Watanabe). PRESENTED: March 19, 2018 SIGNED: _________________________________ Liz Kniss Mayor CITY OF PALO ALTO OFFICE OF THE CITY CLERK March 19, 2018 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the February 26 and March 5, 2018 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS:  Attachment A: 02-26-18 DRAFT Action Minutes (DOCX)  Attachment B: 03-05-18 DRAFT Action Minutes (DOCX) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 7 Special Meeting February 26, 2018 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:10 P.M. Present: DuBois, Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Keene, Ed Shikada, Rumi Portillo, Sandra Blanch, Nicholas Raisch, Molly Stump, George Sakai, Terence Howzell, Lalo Perez, Kiely Nose) Employee Organizations: Utilities Management and Professional Association of Palo Alto (UMPAPA); Service Employees’ International Union (SEIU General), Local 521; Palo Alto Peace Officers’ Association (PAPOA); Palo Alto Fire Chiefs’ Association (FCA); International Association of Fire Fighters (IAFF), Local 1319; Palo Alto Police Managers’ Association (PAPMA); and Unrepresented Management, Professional Employees, and Limited Hourly Employees Authority: Government Code Section 54957.6(a). MOTION: Council Member Wolbach moved, seconded by Council Member Holman to go into Closed Session. MOTION PASSED: 9-0 Council went into Closed Session at 5:10 P.M. Council returned from Closed Session at 7:04 P.M. Mayor Kniss announced no reportable action. DRAFT ACTION MINUTES Page 2 of 7 City Council Meeting Draft Action Minutes: 2/26/18 Special Orders of the Day 2. Palo Alto Chinese Parents' Club Presentation of a Copy of the "Welcome to Palo Alto" Video. Agenda Changes, Additions and Deletions None. Minutes Approval 3. Approval of Action Minutes for the February 3 and 5, 2018 Council Meetings. MOTION: Council Member Holman moved, seconded by Council Member DuBois to approve the Action Minutes for the February 3 and 5, 2018 Council Meetings, including changes to the February 5, 2018 minutes as outlined in the At Place Staff Memorandum. MOTION PASSED: 9-0 Consent Calendar Council Member Holman registered a no vote on Agenda Item Number 9. Council Member Wolbach registered a no vote on Agenda Item Number 5. Council Member Tanaka registered a no vote on Agenda Item Number 6. MOTION: Council Member Scharff moved, seconded by Council Member Holman to approve Agenda Item Numbers 4-10. 4. Approval of a Memorandum of Understanding With the County of Santa Clara to Share Traffic Data and to Establish a Virtual Private Network. 5. Approval of a Final Map for a 2.46 Acre Site at 567 Maybell Avenue [17PLN-00158] to Create 16 new Parcels Ranging Between 5,000 Square Feet and 6,184 Square Feet and a new Private Street Intersecting With Clemo Avenue. The Final Map Includes Access and Utility Easements. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act (CEQA) in Accordance With Guideline Section 15268(b)(3) (Ministerial Projects). 6. Approval of Amendment Number 2 to Contract Number C15155378 With Carollo Engineers for Engineering Services During Construction of DRAFT ACTION MINUTES Page 3 of 7 City Council Meeting Draft Action Minutes: 2/26/18 the old Pumping Plant Rehabilitation Project at the Regional Water Quality Control Plant to Extend the Contract Term Through September 30, 2018 - Capital Improvement Program Project WQ-80021. 7. Ordinance 5428 Entitled, “Ordinance of the Council of the City of Palo Alto Amending Chapter 10.56 (Special Speed Zones) of Title 10 of the Palo Alto Municipal Code to Reduce the Posted Speed Limit Near Private Schools (FIRST READING: February 5, 2018 PASSED: 9-0).” 8. Ordinance 5429 Entitled, “Ordinance of the Council of the City of Palo Alto Amending Sections 4.42.190 (Taxi Meters) and 4.42.200 (Schedule of Rates, Display) of Chapter 4.42 of Title 4 (Business and License Regulations) of the Palo Alto Municipal Code to Allow Taxicab Service to be Prearranged by Mobile Device Application and Internet Online Service (FIRST READING: February 5, 2018 PASSED: 9-0).” 9. Ordinance 5430 Entitled, “Ordinance of the Council of the City of Palo Alto Amending Section 18.42.040 of Title 18 (Zoning) to Conform With new State Laws Regarding Accessory Dwelling Units (ADU) and Finding the Changes Exempt From Review Under the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Sections 150 61(b), 15301, 15303 and 15305. The Planning & Transportation Commission Recommended Approval of These Amendments on November 29, 2017 (FIRST READING: January 29, 2018 PASSED: 8-1, Holman no).” 10. Resolution 9740 Entitled, “Resolution of the Council of the City of Palo Alto to Establish Yangpu District, Shanghai as a Sister City to Palo Alto.” MOTION FOR AGENDA ITEM NUMBER 5 PASSED: 8-1 Wolbach no MOTION FOR AGENDA ITEM NUMBER 6 PASSED: 8-1 Tanaka no MOTION FOR AGENDA ITEM NUMBER 9 PASSED: 8-1 Holman no MOTION FOR AGENDA ITEM NUMBERS 4, 7-8, 10 PASSED: 9-0 Action Items 11. Downtown Residential Preferential Parking (RPP) Program Status Update. Council Member Scharff advised he will not participate in this Agenda Item because he owns real property within the Downtown Residential Preferential Parking District. He left the meeting at 7:45 P.M. DRAFT ACTION MINUTES Page 4 of 7 City Council Meeting Draft Action Minutes: 2/26/18 MOTION: Council Member Fine moved, seconded by Council Member Wolbach to: A. Continue the Downtown Residential Preferential Parking (RPP) Program with the following modification: reduce non-resident permits to 1,100, and authorize the City Manager to release 100 permits more in a shortage; and B. Direct Staff to return to Council with a proposal, including budget, for a comprehensive parking management system, including the RPP programs, the commercial core, and the Parking Assessment Districts; and C. Direct Staff to return to Council with a proposal for parking quality standards. AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion, “direct Staff to begin reductions in employee permits in Zones 9 and 10.” AMENDMENT RESTATED AND INCORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER to replace Part A of the Motion with, “continue the Downtown Residential Preferential Parking (RPP) Program with the following modifications: Direct Staff to return with a Resolution to reduce non-resident permits to 1,200 with a focus on reductions in the outer Zones, and authorize the City Manager to hold 100 of those permits in reserve.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part A, “1,200” with “1,100.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part C, “with parameters that can be adjusted based on neighborhood characteristics.” AMENDMENT: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “reduce non-resident permits by 100 each year, unless Staff recommends a different number of permits.” INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Amendment, “in which case this recommendation will be brought to Council.” DRAFT ACTION MINUTES Page 5 of 7 City Council Meeting Draft Action Minutes: 2/26/18 AMENDMENT AS AMENDED RESTATED: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “reduce non- resident permits by 100 each year, unless Staff recommends a different number of permits, in which case this recommendation will be brought to Council.” AMENDMENT AS AMENDED FAILED: 4-4 Fine, Kniss, Tanaka, Wolbach no, Scharff absent AMENDMENT: Mayor Kniss moved, seconded by Council Member XX to replace in the Motion Part A, “to 1,200 with a focus on reductions in the outer Zones, and authorize the City Manager to hold 100 of those permits in reserve” with “to 1,000 with a focus on reductions in the outer Zones, and authorize the City Manager to hold an additional 200 permits in reserve.” AMENDMENT WITHDRAWN BY THE MAKER INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B, “and budget for Staff to support the above.” AMENDMENT: Council Member Holman moved, seconded by Council Member Kou to add to the Motion, “direct Staff to factor in the Business Registry.” (New Part D) AMENDMENT PASSED: 5-3 Filseth, Tanaka, Wolbach no, Scharff absent AMENDMENT: Mayor Kniss moved, seconded by Council Member Tanaka to replace in the Motion Part A, “to 1,100 with a focus on reductions in the outer Zones, and authorize the City Manager to hold 100 of those permi ts in reserve” with “to 1,200 with a focus on reductions in the outer Zones, and authorize the City Manager to hold 200 of those permits in reserve.” AMENDMENT FAILED: 3-5 Fine, Kniss, Tanaka yes, Scharff absent MOTION AS AMENDED RESTATED: Council Member Fine moved, seconded by Council Member Wolbach to: A. Continue the Downtown Residential Preferential Parking (RPP) Program with the following modifications: Direct Staff to return with a Resolution to reduce non-resident permits to 1,100 with a focus on reductions in the outer Zones, and authorize the City Manager to hold 100 of those permits in reserve; and B. Direct Staff to return to Council with a proposal, including budget, for a comprehensive parking management system, including the RPP DRAFT ACTION MINUTES Page 6 of 7 City Council Meeting Draft Action Minutes: 2/26/18 programs, the commercial core, and the Parking Assessment Districts and budget for Staff to support the above; and C. Direct Staff to return to Council with a proposal for parking quality standards with parameters that can be adjusted based on neighborhood characteristics; and D. Direct Staff to factor in the Business Registry. MOTION AS AMENDED PASSED: 7-1 Kniss no, Scharff absent 12. Approval of the City of Palo Alto Utilities 2018 Strategic Plan. THIS ITEM CONTINUED TO A DATE UNCERTAIN. 13. Colleagues' Memo From Council Members DuBois, Filseth, Scharff, and Tanaka on Fiscal Transparency in Labor Negotiations. Council Member Scharff returned to the meeting at 10:33 P.M. MOTION: Vice Mayor Filseth moved, seconded by Council Member Wolbach to: A. Refer the proposal regarding Fiscal Transparency in Labor Negotiations to the Finance Committee for refinement and to develop the fiscal and actuarial analysis template; B. Direct Staff to, at the appropriate time, initiate Meet and Confer discussions with the City’s bargaining groups regarding this proposed Policy; and C. Return the final proposal to Council. MOTION PASSED: 9-0 Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements Council Member Holman shared her attendance along with the attendance of Council Member Kou at a retail meeting last Wednesday. She will provide a full report on the meeting at the next Council meeting. Council Member Kou announced her attendance along with Council Member Tanaka at the Palo Alto Youth Council meeting yesterday. The Youth Council DRAFT ACTION MINUTES Page 7 of 7 City Council Meeting Draft Action Minutes: 2/26/18 asked numerous questions about the City Council. They also raised concerns regarding the Parkland, Florida shooting. She requested the Police Chief meet with the Youth Council. Council Member Scharff shared his attendance at the Parks and Recreation Commission Retreat on Friday. The Commission shared their accomplishments and discussed details to include in a ballot measure to fund the Parks, Trails, Open Space, and Recreation Master Plan. Adjournment: The meeting was adjourned at 10:47 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 12 Regular Meeting March 5, 2018 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:03 P.M. Present: DuBois arrived at 6:04 P.M., Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS. THIS ITEM HAS BEEN REMOVED AND WILL BE HEARD AT A LATER DATE. 2. CONFERENCE WITH CITY ATTORNEY--POTENTIAL LITIGATION Department of Industrial Relations Civil Wage and Penalty Assessment Case No. 40-57419 Subject: Contract With MDR Utility Locating Specialist Inc. Authority: Significant Exposure to Litigation Under Government Code Section 54956.9(d)(2) (One Potential Case, as Defendant). MOTION: Council Member Holman moved, seconded by Council Member Filseth to go into Closed Session. MOTION PASSED: 8-0 DuBois absent Council went into Closed Session at 6:04 P.M. Council returned from Closed Session at 6:34 P.M. Mayor Kniss announced no reportable action. Special Orders of the Day 3. Introduction of Distinguished Guests From Yangpu District of Shanghai, China. DRAFT ACTION MINUTES Page 2 of 12 City Council Meeting Draft Action Minutes: 3/5/18 Study Session 4. 2017 Annual Housing Element Report for the Period of January 1, 2017 to December 31, 2017. Agenda Changes, Additions and Deletions As requested in the At Place Staff Memorandum, Agenda Item Number 10- Approval of a Contract With the Empowerment Institute… is continued to April 2, 2018. Minutes Approval 5. Approval of Action Minutes for the February 12, 2018 Council Meeting. MOTION: Vice Mayor Filseth moved, seconded by Council Member Scharff to approve the Action Minutes for the February 12, 2018 Council Meeting MOTION PASSED: 9-0 Consent Calendar MOTION: Council Member Fine moved, seconded by Council Member Scharff, third by Vice Mayor Filseth to pull Agenda Item Number 9 - Adoption of a Resolution and Approval of Guidelines for a One-year Pilot Program to Enable Bicycle and Electric Scooter Sharing… to be heard as Agenda Item Number 14A. MOTION: Vice Mayor Filseth moved, seconded by Council Member Scharff to approve Agenda Item Numbers 6-8, 11-14. 6. Adoption of an Ordinance of the Council of the City of Palo Alto Amending Chapter 2.22 (Human Relations Commission) and Chapter 2.25 (Parks and Recreation Commission) of the Palo Alto Municipal Code to use Gender-neutral Language and add Gender Identity to the Human Relations Commission’s Jurisdiction, and to Reflect the Community Services Department’s Current Divisions. 7. Resolution 9741 Entitled, “Resolution of the Council of the City of Palo Alto Amending the Evergreen Park - Mayfield Residential Preferential Parking (RPP) Program Extending the Program Area to the East Side of El Camino Real, Increasing the Number of Employee Parking Permits, and Making Clarifying Modifications to the Resolution.” 8. Resolution 9742 Entitled, “Resolution of the Council of the City of Palo Alto Amending the Southgate Residential Preferential Parking (RPP) DRAFT ACTION MINUTES Page 3 of 12 City Council Meeting Draft Action Minutes: 3/5/18 Program to Extend the Program Area to the West Side of El Camino Real, Increase the Number of Employee Parking Permits, Make Clarifying Modifications to the Resolution, and Restate the Program Provisions.” 9. Adoption of a Resolution and Approval of Guidelines for a One -year Pilot Program to Enable Bicycle and Electric Scooter Sharing Systems to Operate Within Palo Alto, Subject to City Criteria Regarding Parking, Quality of Devices, and Other Factors at no Cost to the City. 10. Approval of a Contract With the Empowerment Institute for $100,000 for Community Engagement Block Program. 11. Appointment of the 2018 Emergency Standby Council. 12. Approval of an Amendment to the Palo Alto Parks and Open Space Regulation R1-32 to Update the City's Dog Park Rules. 13. Policy and Services Committee Recommendation to Accept the City Auditor's Office Proposed Fiscal Year 2018 Audit Work Plan. 14. Approval of Amendment Number 4 to Contract Number C14152025 With SP Plus for Valet Parking Services, Extending the Term of the Contract to December 31, 2018 With no Additional Cost to the City. MOTION PASSED: 9-0 Action Items 14A. (Former Agenda Item Number 9) Resolution 9743 Entitled, “Resolution of the Council of the City of Palo Alto and Approval of Guidelines for a One-year Pilot Program to Enable Bicycle and Electric Scooter Sharing Systems to Operate Within Palo Alto, Subject to City Criteria Regarding Parking, Quality of Devices, and Other Factors at no Cost to the City.” MOTION: Council Member Fine moved, seconded by Council Member Scharff to adopt a Resolution authorizing the City Manager to create guidelines for a one-year pilot program regulating private bicycle sharing systems in the City of Palo Alto, including: A. The pilot program would allow bicycle and electric scooter sharing vendors to operate programs, subject to specific City guidelines; B. Will expire on March 31, 2019, or upon adoption of permanent regulations by the City Council; DRAFT ACTION MINUTES Page 4 of 12 City Council Meeting Draft Action Minutes: 3/5/18 C. Remove the 700 human powered bicycle cap; D. Authorize the City Manager to regulate the number of permits in order to resolve nuisance or encroachment issues; and E. Violation of proposed City guidelines could result in revocation of a permit. INCORPORATED INTO THE MOTION WITH THE CONSENT OF MAKER AND SECONDER to add to the Motion, “eliminate language requiring no more than 50 percent of bicycles be in the Downtown and California Avenue areas.” (New Part F) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “this Motion would be subject to the City Manager returning to Council if Staff raises concerns with this direction.” (New Part G) AMENDMENT: Council Member Tanaka moved, seconded by Council Member Fine to add to the Motion, “r emove API requiring vendor data sharing.” AMENDMENT FAILED: 2-7 Fine, Tanaka yes INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part C, “remove the” with “provide the City Manager with flexibility regarding the.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part F, “eliminate” with “provide the City Manager with flexibility regarding the.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “which would expire March 31, 2019” after “pilot program.” MOTION AS AMENDED RESTATED: Council Member Fine moved, seconded by Council Member Scharff to adopt a Resolution authorizing the City Manager to create guidelines for a one-year pilot program which would expire March 31, 2019 regulating private bicycle sharing systems in the City of Palo Alto, including: A. The pilot program would allow bicycle and electric scooter sharing vendors to operate programs, subject to specific City guidelines; DRAFT ACTION MINUTES Page 5 of 12 City Council Meeting Draft Action Minutes: 3/5/18 B. Will expire on March 31, 2019, or upon adoption of permanent regulations by the City Council; C. Provide the City Manager with flexibility regarding the 700 human powered bicycle cap; D. Authorize the City Manager to regulate the number of permits in order to resolve nuisance or encroachment issues; E. Violation of proposed City guidelines could result in revocation of a permit; F. Provide the City Manager with flexibility regarding the language requiring no more than 50 percent of bicycles be in the Downtown and California Avenue areas; and G. This Motion would be subject to the City Manager returning to Council if Staff raises concerns with this direction. MOTION AS AMENDED PASSED: 7-2 Holman, Kou no 15. Adoption of Preliminary Goals and Objectives, Schedule, and Boundaries for the North Ventura Coordinated Area Plan Project; Authorization for the City Manager to Negotiate and Execute a Related Grant Agreement With Caltrans; Direction to Staff Regarding Recruitment of Community Working Group Members; and Approval of a Budget Amendment in the General Fund Reflecting $638,000 in Grant Funding, $250,000 in Matching/Supplemental Private Funding, and Equivalent Expenditures (Continued From February 12, 2018). MOTION: Council Member Scharff moved, seconded by Council Member DuBois to: A. Approve the preliminary Project Goals, Objectives, schedule milestones, and Plan boundaries for the North Ventura Coordinated Area Plan, recognizing that these may be modified during the planning process; B. Amend the Fiscal Year 2018 Budget Appropriation Ordinance for the General Fund budget by: i. Increasing the Planning and Community Environment revenue estimate by $888,000 ($638,000 in grant revenues and an additional $250,000 in matching/supplemental funding from the Sobrato Organization for the project, as well as equivalent DRAFT ACTION MINUTES Page 6 of 12 City Council Meeting Draft Action Minutes: 3/5/18 expenditures for Staff and consultant services); ii. Increasing the Planning and Community Environment appropriation by $888,000; C. Authorize the City Manager to negotiate and execute a grant agreement with the California Department of Transportation (Caltrans) in the amount of $638,000 for the preparation of a coordinated area plan; and D. Direct Staff regarding recruitment and formation of a Working Group to assist with the North Ventura Coordinated Area Plan. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “add to Goal 1 - Housing and Land Use, ‘and possibly start up space.’” (New Part A.i.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “add to Goal 6 - Urban Design, Design Guidelines and Neighborhood Fabric, ‘include transition zones to surrounding neighborhoods.’” (New Part A.ii.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part D, “including the following: i. Stakeholders: a. (3) Residents: live within the planning area boundaries or the greater North Ventura neighborhood; b. (2) Residents: live within the greater Ventura neighborhood; c. (2) Residents: live within Mayfield; d. (2) Business owners; e. (2) Property Owner; f. (2) Residents: live within Barron Park; g. (1) Planning and Transportation Commissioner; DRAFT ACTION MINUTES Page 7 of 12 City Council Meeting Draft Action Minutes: 3/5/18 h. (1) Architectural Review Board Member; i. (1) Parks and Recreation Commissioner; and ii. Non-voting Advisory Group to be invited to meetings as needed. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part D.i.e, “(2) Property” with “(1) Property.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion Part D.i.f, “(2) Residents” with “(1) Resident.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part D.ii., “including but not limited to: a. Youth representative; b. Palo Alto Unified School District; c. Stanford representative; d. Palo Alto Transportation Management Association representative; e. Arts professional; and f. Land economics expert.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “add Goal 7, ‘Sustainability and the Environment.’” (New Part A.iii.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “consider extending the boundary to El Camino Real between Lambert Avenue and Page Mill Road and direct Staff to consult with the funding agencies regarding th is boundary change.” (New Part A.iv.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part A.iv., “if the funding agencies do not support this revised boundary implement the Staff DRAFT ACTION MINUTES Page 8 of 12 City Council Meeting Draft Action Minutes: 3/5/18 recommended boundary.” AMENDMENT: Council Member Tanaka moved, seconded by Council Member Holman to replace in the Motion Part A.iv., “implement the Staff recommended boundary” with “reduce the boundary to both sides of Ash Street.” AMENDMENT PASSED: 6-3 Filseth, Fine, Scharff no INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part D.ii., “Palo Alto Housing representative.” (New Part D.ii.g.) AMENDMENT: Council Member Holman moved, seconded by Council Member XX to remove from the Motion Part D.ii., “as needed.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part A, “add to Goal 5, ‘and Small Businesses.’” (New Part A.v.) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part D.ii., “Canopy representative.” (New Part D.ii.h.) AMENDMENT: Council Member Kou moved, seconded by Council Member Scharff to move the Architectural Review Board Member and the Planning and Transportation Commissioner to the Non-voting Advisory Group and add (2) City residents with expertise in urban design, housing development, environmental planning, transportation, or land economics. AMENDMENT WITHDRAWN BY THE MAKER MOTION AS AMENDED RESTATED: Council Member Scharff moved, seconded by Council Member DuBois to: A. Approve the preliminary Project Goals, Objectives, schedule milestones, and Plan boundaries for the North Ventura Coordinated Area Plan, recognizing that these may be modified during the planning process including the following modification from the Staff Recommendations: i. Add to Goal 1 - Housing and Land Use, “and possibly start up space;” DRAFT ACTION MINUTES Page 9 of 12 City Council Meeting Draft Action Minutes: 3/5/18 ii. Add to Goal 6 - Urban Design, Design Guidelines and Neighborhood Fabric, “include transition zones to surrounding neighborhoods;” iii. Add Goal 7, “Sustainability and the Environment;” iv. Consider extending the boundary to El Camino Real between Lambert Avenue and Page Mill Road and direct Staff to consult with the funding agencies regarding this boundary change if the funding agencies do not support this revised boundary reduce the boundary to both sides of Ash Street; v. Add to Goal 5, “and Small Businesses;” B. Amend the Fiscal Year 2018 Budget Appropriation Ordinance for the General Fund budget by: i. Increasing the Planning and Community Environment revenue estimate by $888,000 ($638,000 in grant revenues and an additional $250,000 in matching/supplemental funding from the Sobrato Organization for the project, as well as equivalent expenditures for Staff and consultant services); ii. Increasing the Planning and Community Environment appropriation by $888,000; C. Authorize the City Manager to negotiate and execute a grant agreement with the California Department of Transportation (Caltrans) in the amount of $638,000 for the preparation of a coordinated area plan; and D. Direct Staff regarding recruitment and formation of a Working Group to assist with the North Ventura Coordinated Area Plan including the following: i. Stakeholders: a. (3) Residents: live within the planning area boundaries or the greater North Ventura neighborhood; b. (2) Residents: live within the greater Ventura neighborhood; DRAFT ACTION MINUTES Page 10 of 12 City Council Meeting Draft Action Minutes: 3/5/18 c. (2) Residents: live within Mayfield; d. (2) Business owners; e. (1) Property Owner; f. (1) Resident: live within Barron Park; g. (1) Planning and Transportation Commissioner; h. (1) Architectural Review Board Member; i. (1) Parks and Recreation Commissioner; ii. Non-voting Advisory Group to be invited to meetings as needed including but not limited to: a. Youth representative; b. Palo Alto Unified School District representative; c. Stanford representative; d. Palo Alto Transportation Management Association representative; e. Arts professional; f. Land economics expert; g. Palo Alto Housing representative; and h. Canopy representative. MOTION AS AMENDED PASSED: 9-0 16. PUBLIC HEARING: Annual Code Update via Adoption of two Ordinances: the First Amending Palo Alto Municipal Code (PAMC) Chapter 2.20 (Planning and Transportation Commission) of Title 2; Chapter 10.64 (Bicycles, Roller Skates and Coasters) of Title 10; and Chapters 18.04 (Definitions), 18.10 (Low-Density Residential [RE, R-2 and RMD]), 18.12 (R-1 Single-Family Residential District), 18.15 (Residential Density Bonus), 18.16 (Neighborhood, Community, and Service Commercial [CN, CC and CS] Districts), 18.28 (Special Purpose [PF, OS and AC] Districts), 18.30(G) (Combining Districts), DRAFT ACTION MINUTES Page 11 of 12 City Council Meeting Draft Action Minutes: 3/5/18 18.40 (General Standards and Exceptions), 18.42 (Standards for Special Uses), 18.52 (Parking and Loading Requirements), 18.54 (Parking Facility Design Standards), 18.76 (Permits and Approvals), 18.77 (Processing of Permits and Approvals), and 18.80 (Amendments to Zoning Map And Zoning Regulations) of Title 18; and Chapters 21.12 (Tentative Maps and Preliminary Parcel Maps) and 21.32 (Conditional Exceptions) of Title 21; and the Second Amending PAMC Chapter 10.04 (Definitions) and Chapter 10.64 (Bicycles, Roller Skates and Coasters) of Title 10 (Vehicles and Traffic) to Prohibit use of Bicycles and Similar Vehicles on Certain Sidewalks and Under - crossings and Establish Speed Limits on Shared-use Paths. First Ordinance was Recommended for Approval by the Planning and Transportation Commission. Exempt Under CEQA Guidelines Section 15061(b)(3). Public Hearing opened at 10:49 P.M. Public Hearing closed at 11:17 P.M. This Agenda Item continued to a date uncertain. Inter-Governmental Legislative Affairs Mayor Kniss announced that she and several other Council Members will be attending the National League of Cities Conference in Washington, D.C. beginning next weekend. While in Washington, they will meet with the Federal Aviation Administration (FAA), attend two sessions regarding airplane noise, and will meet with various other elected officials. She shared City Manager James Keene will also attend the Conference. James Keene, City Manager shared that the trip will also include meetings with the Army Corps of Engineers pertaining to the San Francisquito Creek Project and other meetings. Council Member Questions, Comments and Announcements Mayor Kniss shared the success and high attendance at the Chinese New Year Fair on Sunday. The Mitchell Park Library and Community Center was at capacity. James Keene, City Manager reported 4,000 people in attendance at the Fair . Mayor Kniss reported that she and Vice Mayor Filseth joined the delegation from Yangpu District, Shanghai, China in signing a Sister City agreement this DRAFT ACTION MINUTES Page 12 of 12 City Council Meeting Draft Action Minutes: 3/5/18 morning. Vice Mayor Filseth and Council Member Kou attended an event Sunday evening with the Delegation. Council Member Wolbach reported his attendance at the Fair and shared his enthusiastic support of the event and that the organizers are considering a larger venue for the Fair next year. Council Member DuBois requested the City Manager assist in locating a larger venue as this year’s Fair was overcrowded. Council Member Kou shared that Stanford Shopping Center contacted the organizers to offer the Shopping Center as an event location for the Fair in the future. Council Member Tanaka shared his attendance at the Fair and that the event received corporate sponsorship, with proceeds from food sales contributed to the Palo Alto Unified School District. Adjournment: The meeting was adjourned at 11:27 P.M. City of Palo Alto (ID # 8426) City Council Staff Report Report Type: Consent Calendar Meeting Date: 3/19/2018  City of Palo Alto   Page 1  Summary Title: Fire Station Alerting System   Title: Approve and Authorize the City Manager or his  Designee  to Execute a  Contract With U.S. Digital  Designs in an Amount Not ­to ­Exceed $303,023 for  the  Acquisition of a Fire Station Alerting System as Part of  the  Fire Ringdown  System Capital Improvement Program Project FD ­14002  From: City Manager   Lead Department: Fire  Recommendation Staff recommends that Council: Approve and authorize the City Manager or his designee to make purchases from the attached quote and contract with US Digital Designs (USDD) in an amount not to exceed $303,023 in total purchase for the acquisition of a fire station alerting system as part of the Fire Ringdown System Capital Improvement Program project FD-14002. Authorize the City Manager or his designee to negotiate and approve one or more revisions to the quote from USDD for related, additional but unforeseen work or equipment that may develop during the project, the total value of which shall not exceed $30,302 in total purchase orders. Background The current system in the fire stations is more than 15 years old. As part of the FY 2014 Adopted Capital Budget the City Council approved the Fire Ringdown System project (FD-14002) for $157,500 to replace the system. Shortly after the adoption of the FD- 14002, Palo Alto Fire Department (PAFD) was advised that Santa Clara County Fire Department (SCCFD) recently replaced their station alerting system and secured a contract with USDD. The contract is made available through the National Purchasing Partners Government agency for cooperative purchasing. The City Municipal Code (2.30.360(j)) allows for cooperative purchasing agency contracts, such as this one. Cooperative purchasing saves agencies hundreds of hours of research and specification writing and thousands of dollars in purchase. SCCFD invited Mountain View Fire Department (MVFD) and PAFD to their fire station to view their USDD system and discuss the specifics in order to determine whether or not the system met PAFD City of Palo Alto   Page 2 needs. Ultimately, MVFD and PAFD decided that it would benefit both agencies in the interest of operations, communications, cost and time if the USDD cooperative purchase opportunity was pursued. As part of the FY 2018 Capital Budget process, Council approved increasing FD-14002 to $400,000 to account for increases in the cost of the system from the original 2014 estimate. By using the cooperative purchasing agreement, the City was able to save $96,977 over the estimated price had we purchased this alone. Discussion The current station alerting system is over 15 years old and outdated. There have been many changes to PAFD operations and communications over the past 15 years that are tied to our advancements in technology. The USDD System enhances our ability to use its communications gateways, interfaces Computer Aided Dispatch (CAD) system, and automatically sends alerting messages within the Department directly to the station and over radio channels. Transmission of alerts is done in milliseconds and has been proven to reduce turnout times. Since installing their USDD System, the SCCFD has seen a nearly 20% reduction in turnout times. Turnout time is defined as the time from fire station notification of the emergency until the time the response apparatus leaves the station. This new system also allows for the direct dispatch of resources from mutual aid partners, reducing call processing time. The USDD System is used by several nearby communities. The use of a common alerting platform will enable the PAFD to enter into Auto-Aid/Mutual Aid/Interoperability Agreements that will provide better service and protection to Palo Alto and these communities. USDD is the sole manufacturer of the Phoenix G2 Fire Station Alerting system. As the manufacturer, USDD is able to offer the lowest factory-direct pricing to the Palo Alto Fire Department. No distributor of the Phoenix G2 System is able to provide pricing at a lower price. The USDD System will provide the City with the most cost effective alerting system that times, reduce personnel stress and may reduce homeowners insurance rates through an increased Insurance Services Office rating. Below are examples how the USDD system provides for faster response times and cost effectiveness. The Phoenix G2 Voice Alert uses the most advanced and accepted automated voice technology on the market that generates speech in a fraction of a second. The VoiceAlert interfaces with the CAD to provide a fully automated text-to- speech voice dispatch that can be delivered either digitally or through a voice radio system. The G2 system uses an infrastructure that optimizes the most common and inexpensive CAT5e/CAT6 cabling, which minimizes the need for expensive additional City of Palo Alto   Page 3 UPS electrical circuits and related labor, and allows repurposing of existing cable infrastructure where available. Ultimately, this system cable infrastructure greatly reduces the labor and costs usually assumed with other station alerting systems. The design of the station alerting system meets the requirements set by the National Fire Protection Association (NFPA). The NFPA Standards 1710 and 1221 ensure that there is a timely, reliable, effective means of alerting emergency responders. All products designed and manufactured by USDD are 'Made in USA' compliant and serviced in the USA. All products are designed and manufactured at its Tempe, Arizona , Arizona headquarters. No outsourcing. USDD also uses minority and women owned businesses in its manufacturing process and installation. Resource Impact Funding for the replacement of the fire station alerting system in the amount of $400,000 is included in the Adopted Fiscal Year 2018 Captial Budget in the Fire Ringdown System project (FD-14002). The actual cost of the fire station alerting system for all seven fire stations is $303,023. There is a contigency for any changes or additions to the quoted equipment and installation purchase. Staff will aquire the equipment through individual purchase orders that in total will not exceed $303,023 and the contingency amount of a maximum 10%, or $30,302. As part of ongoing contract negotiations, Staff anticipates that Stanford will contribute $34,739 of the total cost, plus their portion of any change orders. The net cost to the City absent of any change orders is $ 268,284. Policy Implications There are no impacts or changes to City Policy Timeline As soon as Council approves the contract, Staff will work with the vendor to schedule the purchasing and installation of the fire station alerting system as soon as possible. The installation for Fire Staion 3 will be included in the new construction. Environmental Review (If Applicable) Not applicable Attachments:  C18170014 US Digital Design Contract Council Ready City of Palo Alto General Services Agreement 1 Rev. February 8, 2017 CITY OF PALO ALTO CONTRACT NO. C18170014 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 22nd day of January, 2018, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (), and US DIGITAL DESIGN, INC., an Arizona corporation, located at 1835 East Sixth Street, Suite 27, Tempe, Arizona, 85281 (). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the described in the Scope of Services, attached at Exhibit A. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: A ­ Scope of Services (Includes Attachments A, B, & C) (Attachment A) USDD proposal number CA_PALO001 (Attachment B) USDD New System Warranty (Attachment C) USDD Service Agreement ­ Schedule of Performance Schedule of Fees ­ Insurance Requirements E Software as a Service Security and Privacy Terms & Conditions F Information Privacy Policy CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED . 3. TERM. The term of this Agreement is from January 22, 2018 to January 21, 2019 inclusive, subject to the provisions of Sections Q and V of the General Terms and Conditions. Notwithstanding the foregoing, the Service Agreement included as Attachment C to Exhibit A shall survive the term of this Agreement. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. DocuSign Envelope ID: C278FFBC-E957-4795-A349-AD505E8394C0 City of Palo Alto General Services Agreement 2 Rev. February 8, 2017 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not­to­exceed compensation for the full performance of the Services and reimbursable expenses, if any: A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Three Hundred Three Thousand Twenty Three dollars ($303,023.00). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. Notwithstanding the foregoing, if CITY requests modification, changes or additions to what is detailed in the SERVICES, City shall provide a written notice detailing the change, identify any additional products or services to be delivered, and the cost changes by both parties, the SERVICES shall be modified to include the Change Order. CITY shall be responsible for and pay for any additional products and services necessary to meet the Change Order, and any additional annual maintenance fees associated with such additional products. 6. COMPENSATION DURING ADDITIONAL TERMS. (Not Applicable) 7. CLAIMS PROCEDURE FOR PUBLIC WORKS PROJECTS . For purposes of 9204 Public Works P alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set This project is not a 9204 Public Works Project . 8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: Geoffrey Blackshire, Fire Department, Telephone: (650) 329­2515. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS DocuSign Envelope ID: C278FFBC-E957-4795-A349-AD505E8394C0 City of Palo Alto General Services Agreement 3 Rev. February 8, 2017 A.ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 7 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors . CITY acknowledges that CONTRACTOR will be subcontracting installation of station­level equipment to Tech Electric, and CITY consents to the performance of such Services by Tech Electric. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contri business. Notwithstanding the foregoing, the City shall be responsible for and pay any sales tax owed resulting from this transaction to the appropriate California taxing authority. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee DocuSign Envelope ID: C278FFBC-E957-4795-A349-AD505E8394C0