Loading...
HomeMy WebLinkAbout2021-04-05 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 ON THE CITY OF PALO ALTO WEBSITE. . Monday, April 5, 2021 Special Meeting 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. ***BY VIRTUAL TELECONFERENCE ONLY*** CLICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833 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. 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. Public comment may be addressed to the full City Council via email at City.Council@cityofpaloalto.org. 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 Study Session 5:00-6:30 PM 1.Report and Discussion Regarding Police Services, Including Policy Updates, Crime Statistics, Radio Encryption, and Independent Auditing 6:30-8:00 PM 2.Discussion of Services for the Unhoused in Palo Alto Presentation Public Comment Presentation Public Comment 2 April 5, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO WEBSITE. Agenda Changes, Additions and Deletions Oral Communications 8:00-8:15 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. Minutes Approval 8:15-8:20 PM 3.Approval of Action Minutes for the March 15 and March 22, 2021 City Council Meetings Consent Calendar 8:20-8:25 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 4.Approval of the Traffic Data Collection Surveillance Use Policy and Approval of a Contract With Traffic Data Service, Inc. for a Total Not-to-Exceed Amount of $200,000 to Provide On-call Traffic Data Collection Services 5.SECOND READING: Adoption of an Ordinance Adopting an Administrative Amendment to the 2019 California Fire Code, Palo Alto Municipal Code Section 15.04.075 (Definitions Added to Section 202) (FIRST READING: March 15, 2021 PASSED: 7-0) City Manager Comments 8:25-8:35 PM Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 8:35-10:00 PM 6.Discussion and Selection of Members for an Advisory Housing Element Working Group to Assist With the Preparation of a new Housing Element 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. Memo Public Comment Presentation Q&A Public Comment 3 April 5, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO WEBSITE. Additional Information Informational Report Report on Surplus Property Donated to Nonprofit Organizations Human Relations Commission Letter to the Council on the Current Pattern of Incidents of Hate in Palo Alto COVID-19 Workplace Activation Plan Standing Committee Meetings Sp. Finance Committee Meeting April 6, 2021 Schedule of Meetings Schedule of Meetings Public Letters to Council Set 1 Set 2 Set 3 Set 4 Set 5 Set 6 Set 7 4 April 5, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO WEBSITE. 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. 3. 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. 4. 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. CLICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833 City of Palo Alto (ID # 12048) City Council Staff Report Report Type: Study Session Meeting Date: 4/5/2021 City of Palo Alto Page 1 Summary Title: Police Department Study Session with Council Title: Report and Discussion Regarding Police Services, Including Policy Updates, Crime Statistics, Radio Encryption, and Independent Auditing From: City Manager Lead Department: Police Recommendation: This is a study session and no action is needed from Council. Background On February 24, 2020, the City Council held a study session on the Palo Alto Police Department (see staff report CMR #11071). Chief Robert Jonsen presented an overview of the Department and its organizational structure, crime statistics, recent notable accomplishments, administrative oversight and accountability, recent legislative changes, and the evolution of the law enforcement labor force. At that time, no one could have foreseen the changes to come in the next few months: a global pandemic, a nationwide movement for racial justice, and significant budget reductions. In this report Chief Jonsen updates the City Council about the current state of the Palo Alto Police Department and summarizes changes over the past year. The report discusses how the Department adapted and pivoted, with personnel continuing to serve and protect the community during the pandemic despite significant staffing reductions and a resulting redistribution of the workload. This report summarizes crime statistics for 2020 and policy reforms adopted with input from the community, the Human Relations Commission, and the City Council. The Chief will talk about recent notable accomplishments, administrative oversight and accountability, and end by looking towards the future. Discussion The COVID-19 pandemic impacts over the past year, as well as significant conversations nationally surrounding race and equity have resulted in a year of consistent change. Department personnel have continued to serve the community uninterrupted through this period responding to emergency calls, investigating crimes and suspicious circumstances, making arrests, and more. The following summary provides updates on staffing levels, crime City of Palo Alto Page 2 statistics, police reform, and accomplishments over the last year to help inform the City Council’s study session discussion. Staffing Changes and Work Adaptations as a Result of the Pandemic The global pandemic brought significant economic challenges during 2020. The City swiftly reduced resources to address a $40 million decline in major tax revenues. This was directly felt following a significant number of budget reductions in the Police Department that were necessary to help the City navigate these challenges resulting in $4.3 million reduction in expenses. For Fiscal Year (FY) 2020-2021, the Department eliminated the following positions: 11 Police Officers (all vacant), four Public Safety Dispatchers (all vacant), one Police Lieutenant, the Deputy Director of the Technical Services Division (a member of the Department’s executive team), the Public Affairs Manager, the 9-1-1 Dispatch Center Manager, two Community Service Officers (both vacant), one Animal Control Officer (vacant), a Communications Technician, an Administrative Associate (vacant), two Reserve Police Officers, and six part-time Management Specialists. The Police Department is now allocated 126.5 full-time positions and 9 part-time employees (equivalent of 1.02 FTE). Compared to the 150.5 full-time positions and 24 part-time employees (equivalent of 3.30 FTE) from the prior fiscal year, this is a 17.1% decrease in Department staffing (and a 13% decrease in the number of sworn positions). Overall, the department budget was reduced by 9.6% from prior year levels. These reductions have resulted in service impacts to the community throughout the division in the Police Department. Where possible and necessary, responsibilities previously handled by reduced resources have been absorbed by the remaining staff members. The adaptive team has adjusted to learning new tasks and expanding work capacity through this unusual year. Additional details on the specific budget actions taken can be found in the FY 2021 Adopted Operating Budget here, specifically in the Police Department section. Personnel in non-patrol assignments (administrative staff, detectives, special events staff, and others) followed guidance provided by Santa Clara County health orders and City leadership directives to telework to the extent possible. This adaptation was significant but overall implemented successfully, with several staff members able to efficiently work remotely at least a couple of days each work week, and in so doing, limit ing the number of people in the workplace. Crime Statistics Our 24-hour dispatch center is the third-busiest dispatch center in Santa Clara, receiving 140,578 total calls (which include all calls to police, fire, EMS, public works, utilities, animal control, and others) in calendar year 2020. 28,953 of these were emergency calls placed to 9 -1- 1, 99.5% of which were answered within 10 seconds. The pandemic and shelter -in-place orders were likely responsible for a decrease in calls into the dispatch center during 2020 (which saw 8,499 fewer 9-1-1 calls and 35,959 fewer total calls compared to 2019 numbers, a 29.4 percent and 25.5 percent reduction respectively). Below are annual statistics of the number of calls for City of Palo Alto Page 3 service, offense reports, and traffic collision reports handled by the Palo Alto Police Department for calendar year 2020, and dating back the past eleven years. The pandemic and shelter -in- place orders were likely responsible for a decrease in overall calls for service, offense reports, and traffic collisions (with fewer people driving on City streets and roadways). Calendar Year Police Calls For Service Offense Reports Collision Reports 2020 44,654 4,665 446 2019 51,417 5,611 836 2018 55,798 5,715 993 2017 54,926 5,938 952 2016 52,366 5,534 969 2015 58,243 6,729 1,025 2014 59,773 6,058 1,108 2013 65,861 5,764 1,173 2012 62,783 5,607 1,001 2011 59,815 4,921 1,096 2010 63,966 5,463 1,037 2009 63,950 6,171 1,011 The Police Department is responsible for annually reporting Uniform Crime Report (UCR) statistics. Uniform Crime Reporting is a law enforcement program designed to provide a nationwide view of crime based on the submission of statistics by law enforcement agencies throughout the country. Each agency is required to report monthly crime statistics to the California Department of Justice, which in turn forwards the information to the FBI. The FBI then uses this information to publish its annual Uniform Crime Report. For practical purposes, the reporting of known offenses is limited to the crime classifications listed in the Part I Crimes summary because they are crimes most likely to be reported and crimes that occur with sufficient frequency to provide an adequate basis fo r comparison across the United States. The chart below shows the past seven years of Palo Alto’s UCR Part 1 Crime statistics. While crime trends tend to be cyclical, overall, Palo Alto continues to have a very low rate of violent crime per capita (violent crime defined as homicides, rapes, robberies and assaults). This FBI website lists all UCR Part 1 crime statistics for every city in California, which shows that Palo Alto has the lowest rate of violent crime per capita of any of our neighboring cities with the exceptions of Los Altos and Los Altos Hills. This past year, statistics showed a decrease in crime rates for robbery and larceny-theft (includes auto burglaries) crimes. There was a notable increase in commercial and residential burglaries, stolen vehicles , and arsons. Crimes 2014 2015 2016 2017 2018 2019 2020 Homicide 1 1 1 0 0 1 1 City of Palo Alto Page 4 Rape 4 13 10 11 6 10 12 Robbery1 26 26 28 39 30 46 39 Assault 24 27 35 40 38 29 30 Burglary2 273 212 221 215 234 179 243 Larceny-Theft3 975 1,407 1,161 1,477 1,197 1,724 1,571 Stolen Vehicle 68 87 65 92 83 83 112 Arson 3 5 8 6 9 8 22 Totals 1,374 1.778 1,529 1,880 1,597 2,080 2,030 1 Robbery is defined as the felonious taking of personal property in the possession of another, from her person or immediate presence, and against her will, accomplished by means of force or fear. 2 This category includes commercial and residential burglaries, but not auto burglaries 3 This category comprises thefts, which includes auto burglaries Police Reform Measures In early June, the City Council adopted a Resolution affirming that Black lives matter and committed to address systemic racism and bias. These events served as catalysts for leaders at every level of government to see the need for action to confront systemic racism. A week later, the City Council approved a Race & Equity Framework and action plan, including reviewing policing practices, making changes to use-of-force policies to reduce the potential for violence, and engaging the community in ongoing, thoughtful dialogue and leadership. Since that time, the City, Human Relations Commission, Palo Alto Police Department and community continued a series of conversations about race and equity. The series of community engagement opportunities and City Council ad hoc conversations concluded in the fall with the City Council adopting new actions about race and equity including police reform measures. For the most recent status update on the City’s race and equity efforts, review the March 9, 2021 report to the Policy and Services Committee (link: https://www.cityofpaloalto.org/civicax/filebank/documents/80509). As a partner in these conversations, the Police Department embraced change, listened to community input and experiences, collaboratively shared information, and worked closely with elected officials, community leaders, and residents to advance collective goals around race and equity. Here is a summary of those citywide efforts, in the three areas of community engagement, transparency, and accountability: Community Engagement • On June 1, released a Message of Inclusion and Hope co-authored by Chief Jonsen, City Manager Ed Shikada, and the pastors of two local churches. • Launched a new Race and Equity page on the City website with details on how community members could provide input on these critically important topics. • Launched a new Accountability page on the Police Department website. City of Palo Alto Page 5 • Live-streamed a series of educational community briefings on Zoom and YouTube to provide detailed information on police procedures and accountability measures. • Chief Jonsen participated in an online roundtable discussion on race relations, social injustice, and inequality on local cable television. • Chief Jonsen participated in a live-streamed Q&A session on Zoom and YouTube along with City Manager Shikada and the City’s Human Relations Commission Chairperson. • Ongoing collaboration with Stanford’s Social Psychological Answers to Real-World Questions (SPARQ) program, focused on strengthening relationships between the Department and the Palo Alto community and increasing the performance, commitment, and safety of Palo Alto police officers. Transparency • Significantly increased the amount of material available for public review in the Department’s Policy Manual online ; committed to update the Manual on a quarterly basis. • Participated in numerous City Council meetings and meetings of the four City Council Ad Hoc Committees on Race and Equity to provide policing data, police information and other materials to inform the community conversations taking place on police reform and worked collaboratively on notable changes. Records Unit staff processed 1,480 requests for information under the California Public Records Act. Accountability • Worked in collaboration with labor groups to proactively change policies, such as expressly prohibiting the carotid restraint hold and emphasizing de -escalation techniques. • In late 2019, renewed and expanded the contract with the City’s Independent Police Auditor for another three years and continued to publish their bi-annual detailed reports on our website for public review. • Provided a safe space for more than 30 demonstrations and marches, protecting the First Amendment rights of those participating Notable Department Accomplishments, Changes & Clarifications Despite the many challenges of the past year, Department personnel were still able to accomplish several noteworthy items. Online Reporting In December, the Police Department launched a new online reporting tool, giving the public the ability to file their own online police reports for a wide array of minor crimes and non-injury traffic collisions. The tool has been extremely well-received by the public; in the first three months, the system received more than 250 reports filed online, increasing convenience for the public and saving approximately 375 hours of officer time. This creates efficiencies for officers and Community Service Officers to respond to more urgent calls for service. For more information about the online reporting tool, visit www.cityofpaloalto.org/onlinereports. City of Palo Alto Page 6 Looking forward, the Department plans to continue to leverage technology to improve service to the public and increase staff efficiency. Projects currently underway for 2021 include electronic field reporting for officers, officer contact data collection, electronic traffic citation devices integrated with the County court system, and electronically-submitted court documents to improve the timeliness of County court operations. With regards to the officer contact data collection, the Department is building the infrastructure for officer contact data collection (to comply with the provisions of AB953, the Racial and Identity Profiling Act (RIPA). This new state law requires law enforcement to eventually begin collection on 16 different data elements on every police contact including perceived race and the reason for the contact, with the first public annual report due by April 1, 2023. Public Information Portal In 2020, the Department launched its new Public Information Portal on its website. The portal is a hub from which the public can view news releases, crime statistics, the Department’s Policy Manual, all of the open data published to the Police Data Initiative, monthly activity reports, and more. The portal also includes information that the Department is required to disclose under the new state laws Senate Bill 1421 and Assembly Bill 748 in cases that involve officer- involved shootings, uses of force that result in death or great bodily injury, sustained findings of sexual assault, and sustained findings of dishonesty. Dating back to January 1, 2014, there are three cases that qualify under those State criteria; the portal includes information and video from these three cases. To view the Public Information Portal, visit www.cityofpaloalto.org/gov/depts/pol/public_information_portal_.asp . Website Revisions This spring, as the City migrates to a new website that is more streamlined and mobile - responsive, the Police Department has been working behind the scenes on its web pages to do the first re-organization of its content in more than a decade. The new Police Department website will be easier to navigate and contain updated, refreshed information. Radio Encryption In October of 2020, the California Department of Justice issued an Information Bulletin (linked here) informing local law enforcement agencies that they must promptly implement procedures to comply with state and federal Criminal Justice Information Systems (CJIS) regulations that tightly restrict access to certain criminal justice information (CJI) and personally identifiable information (PII). PII is information that can be used to distinguish or trace an individual’s identity, such as an individual’s name in combination with one or mo re data elements, such as a driver’s license number, social security number, passport number, military ID number and other unique ID number issued on a government document. Restricted CJI and PII may only be accessed by authorized law enforcement personnel with an official need to know. The purpose of these regulations is to protect the privacy of members of the public, including suspects, witnesses and bystanders, who interact with law enforcement. City of Palo Alto Page 7 The Bulletin informed local law enforcement that any restricted CJI or PII that is transmitted over radio channels must be encrypted. The Department of Justice specified two methods that local agencies may use to comply with these data privacy requirements: (a) encryption of all radio traffic; or (b) adoption of a policy to “restrict dissemination of specific information that would provide for the protection of restricted CJI database information and combinations of name and other data elements that meet the definition of PII.” As the Palo Alto Police Department had the pre-existing infrastructure to immediately comply with these regulations, the Department joined several other Santa Clara County law enforcement agencies in moving to an encrypted radio channel to safeguard the PII of those with whom personnel come into contact. It should be noted that as of early March, the only cities left in the county operating on non- encrypted channels are Santa Clara and Milpitas; all law enforcement agencies in Santa Clara County will be using encrypted radio channels by the end of 2021. Due to feedback received from some in the community after conversion to encrypted channels, Police Department staff are currently exploring the feasibility of alternative options for complying with these state and federal security requirements while simultaneously providing for as much transparency with radio transmissions as legally possible. Of the other agencies in the county already using encrypted radio channels, none considered alternative options due to the numerous operational and tactical challenges they present; as a result, there is no local model using alternative options that staff can readily replicate. The Department continues to respond to press inquiries for public information; produce our police report log every business day noting cases and other incidents for public information and for media partners; distribute news releases; post information on our website like crime statistics, monthly activity reports, Policy Manual; and, manage many social media platforms to ensure the public is aware of police activities and ways to stay safe. Nonetheless, the Police Department has requested further consideration by the California Department of Justice. State legislation was previously introduced to enable news organizations to gain access to encrypted radio communications, and staff has been watching for introduction of a similar bill this year. However, at this time our Sacramento lobbyists have not identified any current legislation. If the City Council would like to pursue legislation on the encryption topic, staff would work collaboratively with stakeholders and with the City’s State advocates on future legislation for consideration by the State legislature. Canine Team The Palo Alto Police Department’s canine program has been the topic of significant community conversation of late, as a result of an incident involving a Palo Alto Police Department canine team who responded to Mountain View to assist Mountain View Police Department officers in locating a felony domestic violence / kidnapping suspect who Mountain View Police believed had fled into a residential neighborhood. City of Palo Alto Page 8 The Palo Alto Police Department has employed police dogs for more than 30 years. Currently, the Department has two police dogs (both German Shepherds) assigned to patrol the city with their handlers. The dogs live at home with their handlers and their families, and come to work every shift with their human partner. Both dogs are trained for basic patrol service (which includes searching for people and items, apprehension , and handler protection), and one of the dogs is also certified in explosives detection. Police dogs can be used in a variety of circumstances, which include but are not limited to searching locations and under conditions not safe for officers (such as a crawl space or in a location with an armed barricaded suspect), encouraging voluntary compliance by their mere presence at an arrest scene (often reducing the need for officers to use any force whatsoever), providing a level of force (less than deadly) to be applied in particularly dangerous circumstances, searching for hidden explosive devices in advance of dignitary visits or large - scale community events, locating fleeing suspects or hidden items of evidentiary value to a degree that is far beyond human capacity, and providing a positive way for our personnel to interact with our community members in non -enforcement situations like National Night Out, block parties, and while out walking in local parks. A canine handler is selected after an interview pan el with scenario-based questions where they demonstrate their tactical experience and decision-making skills. In addition, a candidate must successfully pass a psychological examination. Both of the Department’s canine teams (the dog and the officer) are highly trained. After attending a four-week state-certified course together, each canine team participates in ongoing regional training twice monthly with other canine units from the Stanford Department of Public Safety, the Redwood City Police Department, the Los Altos Police Department, the Menlo Park Police Department, and the East Palo Alto Police Department. Every shift, each handler works with the dog to train further. This adds up to about 60 hours of training each month for each canine team. The State of California Commission on Peace Officer Standards and Training (POST) requires that each police canine qualify annually in certain basic patrol tasks. For police dogs that are selected for specialty assignments (like explosives detection), addit ional multi- week training schools and ongoing qualifications are required. All training for each canine team is documented and retained as part of the handler’s personnel file. Between 2018 and 2020, the Department’s two canine teams were deployed a total of 350 times in the field. A deployment is defined a search for a person, a search for an article (evidence), a possible suspect apprehension (for example, a car stop on a known armed felon), a warrant service, or an explosives detection detail. Of tho se 350 deployments, five resulted in one of our police dogs actually engaging and bite/holding the suspect. The vast majority of the time, the canine team is able to assist in finding the wanted person without direct contact with the person. As a result of changes made in 2020 to the scope of the Independent Police City of Palo Alto Page 9 Auditor’s contract, the IPA is reviewing all uses of force involving a Palo Alto Police Department canine. Between 2018 and 2020, the Department’s two canine teams completed 248 public relations details in the Palo Alto community. These could be planned community events like National Night Out, block parties, a visit to a class of students, or an impromptu interaction with an interested member of the community. These types of community engagement interactions are a beneficial way to foster trust and understanding between police officers and community members. Administrative Oversight and Accountability Administrative investigations are completed at the direction of Police Department command staff. Investigations may be conducted by police sergeants, police managers, or contracted investigators, depending on the circumstance. Executive Staff reviews all investigations and sends specified investigations to the Independent Police Auditor in accordance with the Auditor’s City Council-approved scope of work. In 2020, there were zero public complaint investigations, 7 supervisory inquiry investigations (including five involving sworn personnel, one involving a public safety dispatcher, and one involving an animal control officer), and one internal affairs investigation. With regards to use of force, Police Department personnel used the following types of force during 2020: 9 physical strength (i.e., no tools like baton, OC, or firearm used), one TASER deployment, and two canine deployments. As part of the 2020 Ad Hoc Committee Race and Equity work, the Police Department issued a summary report on uses of force for 5 years on August 26, 2020 (linked here). The Department will issue an updated report on uses of force in January 2022 and annually thereafter. The City of Palo Alto continues to provide one of the strongest independent police review system of any city our size. State law requires all police agencies to receive and investigate complaints made by the public against police officers. However, having independent review of police investigations is a choice made by the City of Palo Alto several years ago and is not required by law. While large agencies like the City of San Jose work with an independent police auditor, it is rare for a small city to retain a police auditor or contract for services. Palo Alto has had an independent police auditing program since 2006. The IPA reviews police investigations for objectivity, thoroughness, and appropriateness of disposition, and can also make recommendations to the Police Chief regarding further investigation, processes, and dispositions. At the conclusion of their review, they publish a public report with all of their findings. All such reports dating back to the inception of the IPA in 2006 are viewable on the Police Department’s website at www.papd.org. The latest report issued can be found here for calendar year 2019. City of Palo Alto Page 10 Historically, the IPA has reviewed three categories of Department investigations: (a) complaints from members of the public, (b) Department-initiated internal affairs investigations, and (c) all TASER deployments, regardless of whether a complaint was filed. At City Council’s direction in November 2020, the IPA’s scope of work is being expanded to include Department reviews of uses of force reports where a baton, chemical agent, TASER, less -lethal projectile, canine, or firearm is used, and all cases where the subject’s injuries necessitate any treatment beyond minor medical treatment in the field. In addition, the IPA will attend and confer with City Council two times per year, following publication of the IPA’s report. Finally, this spring, the Policy and Services Committee will explore expanding the IPA’s scope further to include review of internal complaints against uniformed officers regarding misconduct related to harassment, discrimination, or retaliation. The IPA’s report is drafted to provide public accountability while also complying with state laws (Cal. Penal Code sections 832.5-832.8) that require employing agencies to maintain the confidentiality of law enforcement personnel records, with limited exceptions specified in state law. To comply with these obligations, the IPA report does not identify individual officers; rather, the IPA report discusses incidents at a general level, focusing on departmental policies and practices. The IPA’s comments at upcoming City Council meetings will be handled similarly. Department officials, City managers and City Councilmembers must also refrain from public disclosure of individual officers’ personnel information. Members of the public have considerable discretion under the Brown Act when speaking in public comment and may name individual officers or speculate about particular department personnel. Members of the public should understand that the IPA, City officials and Councilmembers cannot respond to requests from the public for information about individual officers that is confidential under the law. Looking Forward As we move further into 2021 and hopefully a continued gradual return to normalcy due to positive progress from vaccine administration and reduced cases of COVID-19, the Police Department plans to continue to adapt to the changing circumstances in the best ways to meet the needs of our residents, businesses, and visitors. The Department is looking forward to launching a new Psychological Emergency Response Team (PERT) in partnership with the Santa Clara County Behavioral Health Services Department, continuing our conversations with our Chief’s Advisory Group, and making strides on the many technology initiatives designed to improve service to our community. In addition, we recognize that the City continues to face significant fiscal challenges, and the Police Department remains committed to doing its part to help. No matter what challenges the future may bring, the Department will continue to steadfastly and equitably serve and protect this community with the respect and integrity that everyone deserves. City of Palo Alto (ID # 12133) City Council Staff Report Report Type: Study Session Meeting Date: 4/5/2021 City of Palo Alto Page 1 Summary Title: Discussion of Services for the Unhoused in Palo Alto Title: Discussion of Services for the Unhoused in Palo Alto From: City Manager Lead Department: City Manager Recommendation Staff recommends that City Council discuss and provide feedback on services for the unhoused in Palo Alto. Executive Summary The City Council asked staff to bring an item for discussion about services for the unhoused in Palo Alto. This report provides a summary of the efforts the City currently invests in from policies to quality of life concerns. This item is a broad overview as a study session. Staff anticipates this will lead to the City Council providing a general discussion of priority activities on this topic. Staff will then develop more details on those priorities and return to City Council with more specificity in areas where the City Council asks staff to focus. This report is organized as follows: • Areas for discussion by the City Council as part of this study session, to provide feedback on potential options for furthering this work • Summary of current Palo Alto efforts for the unhoused • Policy work the City Council has undertaken and the current status • Programs that have been instituted, City funding that has been allocated to programs to support unhoused, and community partners who provide direct services • Quality of Life issues being faced by local unhoused residents Staff has provided significant information on current services, policies and programs to assist the City Council in understanding the cu rrent services and support provided to the unhoused in Palo Alto. This information is provided to aid in a discussion on next steps the City Council may wish to take related to the unhoused in Palo Alto. Some programs will require support and interest from the City in a very near term while others may be combined with other City efforts associated with land use policies such as the Housing Element update. Ultimately, as a study session, staff is not seeking a City Council action. Instead, staff is seeking feedback on how the CITY OF PALO ALTO City of Palo Alto Page 2 City Council would like to prioritize needs for the unhoused and how the City will meet the need(s) identified, given current services offered and available resources. The four areas for City Council consideration are: 1) Vehicle Dwelling policy 2) Support for the County’s Community Plan to End Homelessness 3) Housing and Shelter Development Options 4) Outreach / Street Outreach Case Worker(s) for Unhoused and Mental Health Support. All efforts are to continue to assess the continuum of housing options needed to increase available housing as part of the strategy. Background Providing services for the unhoused in Palo Alto and ultimately ending homelessness has been a long-standing local concern. As the COVID-19 pandemic continues to be present, the strain on individuals and households has increased the number of people experiencing homelessness, challenged service providers to find new ways to deliver services, and makes this topic even more relevant. In light of these concerns, the Palo Alto City Council has also been focused on this issue. On January 25, 2021, during a discussion of recovery from the pandemic, the City Council directed staff to: ...amend the prioritized Community and Economic Recovery workplan and future budget actions with the following: iv. Look at how to allocate additional resources to RV parking, unhoused, and childcare.1 In addition, Santa Clara County has developed the Santa Clara County Community Plan to End Homelessness (2020-2025: link: https://housingtoolkit.sccgov.org/take-action/santa-clara- county-community-plan-end-homelessness-2020-2025). The plan focuses on addressing homelessness, the continuum of care needed to help people stay housed, and helping unhoused persons find housing and support services. The County has asked communities within the County to formally endorse the plan. This plan is an update of the previous plan. 1 Action Minutes from January 25, 2021 Council Meeting: https://www.cityofpaloalto.org/civicax/filebank/documents/80334 City of Palo Alto Page 3 Discussion This report details the City’s current efforts to serve unhoused community members and shares some ideas for consideration by the City Council. The City’s current efforts fall into the overlapping categories of (1) Policy, (2) Programs and Program Support, and (3) Quality of Life. These categories are based on the roadmap strategies in the Santa Clara County Community Plan to End Homelessness: Source: https://housingtoolkit.sccgov.org/sites/g/files/exjcpb501/files/CommunityPlan_2020.pdf Potential Areas for City Council Discussion This section focuses on potential areas for further discussion as the City Council develops its approach to continuing to serve unhoused community members and ultimately reduce the number of Palo Alto community members facing homelessness. A key component to developing and supporting the unhoused is understanding the continuum of housing options that are necessary to service members of the community at different stages, from emergency shelter, basic human services, and outreach to link people to services, to an increase in affordable housing. The options below are some ideas for City Council discussion. 1. Vehicle Dwelling – The City can prioritize resources for providing safe parking spaces for those dwelling in vehicles. Resources can include: a. Developing policies that allow safe parking for 4 or more vehicles on private parking lots. This would include streamlining the existing policy to permit operation on the grounds of religious organizations, enabling additional sites, and expanding the number of vehicles allowed. b. Adopting a permanent ordinance for safe parking at religious congregations, other private sites, and public lands that provides clear standards and procedures. This would transition the temporary ordinance (no expiration date) to an ongoing ordinance, which could be amended by future City Council action as needed to respond to changing conditions. City of Palo Alto Page 4 c. Pursue the development of larger safe parking lots on public and/or private land. This may include identifying unused city-owned land, partnering with private sector landowners, and/or collaboration with the County for program operations. The County estimates it cost between $15 - $40 per vehicle per night to operate a safe parking program. d. Review local policy and/or enforcement procedures related to long-term on-street parking requirements. 2. Support County Plan to End Homelessness - Adopt a resolution formally supporting the Santa Clara County Plan to End Homelessness 3. Housing and Shelter Development Options – The City can pursue construction of emergency, over-night shelters and/or more affordable housing, especially housing for extremely-low and very low-income households. Note: these are high-commitment and costly efforts. a. Evaluate creation of a fixed-location shelter in Palo Alto: A permanent, fixed location can provide a point of connection for unhoused persons that is in excess of what can be provided through the rotational shelters (such as the Hotel de Zink). b. Identify public land to be used for the development of affordable housing and/or a shelter for unhoused persons. The high cost of land in Palo Alto can make developing affordable housing challenging. By providing public land as a ground-lease or other arrangements, the per unit cost of housing can decrease. The City may also be a partner in developing the type of housing on the site, including who the housing serves. c. Seek State / Federal funds (even one time) for the above-named projects. Some funding sources are project specific, and best sought by the project’s operator and/or developer (may be a nonprofit) in collaboration with the City or alone. The City could play a larger role in supporting applications, supporting projects—especially when such projects face challenges from residents who may object to a project’s location. d. Rental Assistance as homelessness prevention – Direct funds towards rental assistance. The City has supported such relief programs by allocating CDBG funding towards these efforts. Both state and federal relief programs are providing some rental assistance to address the scale of assistance needed in response to COVID -19. The City can serve in an information-sharing capacity to provide information to the public about how to access these programs. e. Housing support for newly unhoused individuals such as rapid rehousing which quickly moves families and individuals who are experiencing homelessness into housing and provides case management, supportive services, and a time-limited rental subsidy (typically 6-24 months). 4. Outreach / Street Outreach Case Worker(s) for Unhoused and Mental Health Support a. Building trust with unhoused individuals in order to work with them to address their needs is most effective with the help of a consistent outreach case worker . A City- funded outreach case worker could provide services to other vulnerable populations City of Palo Alto Page 5 who regularly use public spaces such as parks, libraries, and community centers. At present, the City does not have any organization under contract specifically to perform this function on behalf of the City. As this item is a Study Session and not an action item, the information within this report is a broad overview. Staff anticipates this discussion will lead to the City Council providing broad direction and priorities on this topic and then staff can follow up with more details on those priorities and return to City Council with more specificity in areas where the City Council is interested in focusing. As a reminder, the City Council has adopted an aggressive list of goals for 2021 and has most recently approved a workplan for its highest priority of Community and Economic Recovery (CER) on March 22, 2021. In this workplan, staff articulated that it has fully allocated City resources, thus additional projects identified as part of this unhoused services effort may impact the pace of completion of some of those projects or others previously identified as priorities by the City Council. To ensure continued progress, staff recommends that the C ity Council consider ways of including further work on this important topic through existing plans and partnerships such as the Housing Element work and or any partnership with the County. The following sections provide significant detail about the various programs, policies, and support that is provided for the unhoused. Summary of Current Palo Alto Efforts for the Unhoused This report provides information about existing policies, programs, and quality of life initiatives undertaken by the City in conjunction with local partners, as well as other programs that serve unhoused persons in Palo Alto. Table 1 below shows how the policies, programs, and quality of life efforts in Palo Alto align with the county-wide strategies. These items are further explained throughout this report. Table 1: Summary of Current Palo Alto Efforts for the Unhoused Activity Description City Category County-wide Strategy Emergency Financial and/or Rental Assistance Emergency rent and utility funding assistance (LifeMoves, Silicon Valley Independent Living Center, YWCA of Silicon Valley) Program Support Strategy 2 Food Provision of breakfast and lunch. Grocery gift cards (LifeMoves). Operation of the Downtown Program Support Strategy 3 City of Palo Alto Page 6 Table 1: Summary of Current Palo Alto Efforts for the Unhoused Activity Description City Category County-wide Strategy Food Closet and delivery of food to vulnerable residents needing to shelter in place during COVID (Downtown Streets Team) Housing Search Assistance to help homeless and low-income individuals secure housing (LifeMoves, Silicon Valley Independent Living Center) Program Support Strategy 2 Safe Parking at Congregations Safe parking overnight for households dwelling in vehicles. Up to 4 vehicles may participate per congregation. Includes access to restrooms, showers, and connection to services. To date: 1 permit approved; 2 permits in review. Policy (permit review and issuance) Strategy 3 Safe Parking on Public Land Provides a place for households in vehicles to park vehicles 24 hours a day. Includes access to restrooms, showers, and connection to services. 1 site in Palo Alto at 2000 Geng Road, serving up to 12 vehicles. Policy + Program Support (lease of land) Strategy 3 School Supplies for unhoused children Services and support to families living in Recreational Vehicles including school materials, computer equipment, and other essential supplies such as PPE, cleaning supplies, gas cards, food, etc. (Karat School Project, Kafenia Peace Collective) Program Support Strategy 3 Seasonal Shelter Program Support of Rotating Shelter program in local congregations provided by LifeMoves – Hotel de Zink (year-round) and Heart & Home Collaborative (seasonal) Program Support Strategy 3 Shower/Laundry Services Support of mobile shower and laundry services in South Palo Alto for the unhoused. (We Hope) Program Support Strategy 3 Street and Parking Garage litter removal Provision of jobs via a City contract that focuses on reducing trash from full garbage containers, providing litter removal for sidewalks, alleyways, and garages, and reporting vehicles and/or activities of concern to the proper authorities. (Downtown Street Team) Program Support (Public Works contract) Strategy 3 Tele-Medicine Equipment Purchases of equipment to enable telehealth and compliance with HIPPA records retention for the unhoused and also low income. (Peninsula HealthCare Connections.) Program Support Strategy 3 Workforce Development Program/Basic Needs stipends for work experience Provide comprehensive support services for homeless/ unemployed to secure employment. In addition, stipends to support unhoused individuals providing peer to peer outreach and staffing at the Downtown Food Closet (Downtown Streets Team) Program Support Strategy 1 Strategy 3 City of Palo Alto Page 7 In Santa Clara County’s coordinated assessment system (a consistent, county-wide intake process), all unhoused people complete a standard assessment tool (the Vulnerability Index - Service Prioritization Decision Assessment Tool or VI-SPDAT) that considers the household’s situation and identifies the best type of housing intervention to address their situation. Attachment A shares information about Palo Alto’s unhoused population based on households who took a VI-SPDAT assessment during Nov 1, 2019 to October 31, 2020 and stated an affiliation with the City of Palo Alto. According to the VI-SPDAT assessment, 240 homeless households have an affiliation with Palo Alto. The chart below shows the household type for the unhoused. Figure 1: VI SPDAT Data In addition to the VI SPDAT count, the County has also done “Point-in-Time” Counts of the unhoused in the county. Every two years, during the last ten days of January, communities across the United States conduct comprehensive counts of the local population experiencing homelessness. The last Point-in-Time Count was done in 2019 and it showed 313 Total Unhoused in Palo Alto (299 unsheltered and 14 sheltered). That report can be found online at: https://bit.ly/3tR0M4C. These biennial Point-in-Time Counts estimate the prevalence of homelessness in each community and collect information on individuals and families residing in temporary shelters and places not meant for human habitation, and ultimately help the federal government better understand the nature and extent of homelessness nationwide. As required of all jurisdictions receiving federal funding from the U.S. Department of Housing and Urban Development (HUD) to provide homeless services, Continuums of Care (CoC) across the country report the finding s of their local Point-in-Time Count in their annual funding application to HUD. Policy City of Palo Alto Page 8 Safe Parking Policies & Permitting One way to assist households dwelling in vehicles to find permanent housing is to provide safe places for those households to park the vehicles in which they are living. Known as “safe parking programs,” the nature of the programs varies among communities. The Council has implemented a policy framework that allows 2 types of safe parking programs to legally operate in Palo Alto: (1) congregation-based safe parking and (2) safe parking on publicly owned lands. Congregation-based safe parking allows a permitted religious institution to host up to four (4) vehicles overnight in its parking lot. The permittee must work with a qualified safe parking program operator, provide certain amenities to the participants, and follow the City’s conditions. For congregation-based programs, the City acts to review an application, notice the application, process any appeals, participate in community outreach, conduct the 90-day program check in, and respond to any complaints received regarding operations at a site. Currently, the City performs these services at no cost to the applicant/permit holder. The City acts as a partner to support program establishment and to deal with any operations challenges. The City does not provide funding or oversee operations or program management. To date, three congregations have submitted safe parking applications. Several other congregations have verbally indicated an intention to submit applications. At the time of this report writing, one permit has been issued for the congregation-based programs. Though there is broad support for the safe parking program, t he reaction to the submitted applications has been mixed. The City has heard from residents who are supportive of the programs, and neighbors with concerns. Some of the concerns have been addressed, yet not to the satisfaction of all residents. Staff anticipate some permits will be appealed to the Council. The City has also leased public land to Santa Clara County for the operation of a 24-hour safe parking program at 2000 Geng Road. The site opened for operation on February 16, 2021. The City has provided a quality site that can serve up to 12 households dw elling in recreational vehicles (RVs). The site offers restrooms, showers, and space for additional programming. Some of the programming opportunities may not be fully realized until the pandemic subsides. Through leasing the land at no-cost, the City has provided a significant resource that enables this program. The Council also adopted an ordinance to provide the policy framework to support the program. Hotel de Zink The City provides a permitting framework that allows the Hotel de Zink shelter system to operate in local congregations. Hotel de Zink has been serving as an emergency shelter that rotates locations to congregations throughout Palo Alto and Menlo Park. The program is hosted City of Palo Alto Page 9 at a different congregation each month, where volunteers set up nightly beds and serve home- cooked meals for homeless adults who would otherwise be forced to sleep in cars or on the streets. Clients may stay at Hotel de Zink for up to 90 days, which provides them with stability, safety, and a team of experienced staff working to help them become self-sufficient (source: www.lifemoves.org/directory/hotel-de-zink/). The name Hotel de Zink honors Palo Alto’s first shelter for the unhoused, originally created in 1931 during the Great Depression after residents approached the Palo Alto City Council to assist those who were in need of assistance. The shelter was named after Palo Alto Police Chief Zink who served the Palo Alto community for three decades between 1922 and 1952 and was very supportive of the shelter (source: www.paloaltohistory.org/hotel-de-zink.php). Though the original shelter name is used, the modern Hotel de Zink is not a single she lter location, it is instead a network of faith-based sites who offer space that is used as a shelter on a rotating basis and managed by LifeMoves. The City provides funding to Hotel de Zink through the Community Development Block Grant (CDBG) Program. There is also a seasonal (winter) rotating shelter program for women in local congregations run by Heart & Home Collaborative which operates under the same permitting framework as Hotel de Zink. During much of the COVID-19, the shelters became “stationary.” As protocols and practices have become more well-known and vaccination of the more vulnerable is underway, the shelter will resume monthly rotations. Programming & Program Funding The City of Palo Alto supports services to the unhoused as well as homelessness prevention through three main funding sources: HSRAP, CDBG, and Emerging Needs Fund (all further explained below). Attachment B contains the specific City of Palo Alto expenditures on the unhoused/homelessness prevention for FY 2021. At a high level, funding for the unhoused is geared towards unhoused support and homelessness prevention as shown here: City of Palo Alto Page 10 Unhoused Support: • Workforce Development • Basic Needs Stipends for work experience • Food • Seasonal Homeless shelter • School Supplies for homeless children • Case Management • Tele-medicine Equipment • Shower/Laundry Services Homelessness Prevention Support: • Rental/Financial Assistance – There are local and the State rental assistance programs available to local residents during the COVID pandemic. LifeMoves – Opportunity Center is designated by the County as the Emergency Assistance Network Agency for financial assistance for Palo Alto https://www.lifemoves.org/directory/opportunity- services-center/. Information about the State’s program can be found at https://housing.ca.gov/covid_rr/. Program Funding Sources 1) Human Services Resource Allocation Process (HSRAP) • Funding Source – Palo Alto General Fund • FY 2020-21 Funding amount o $549,306 – total funding (annual allocation); $122,835 – homeless services sub total o $40,000 – one-time funding reserve; a $50,000 reserve was established in FY 2015 by the City Council to be used during future budget cycles. In FY 2019, $10,000 was spent on the Heart and Home Collaborative. • HSRAP funding cycle is for two years. Current two-year cycle ends on June 30, 2021. • Funding Categories – Applicants propose programs and services in response to a “Priority of Needs” recommended by the Human Relations Commission (HRC) and included in the Request for Proposal (RFP) process. • Funding Recommendations made by the HRC and approved by the City Council. • FY 2021-22 Presentation to the HRC online here: www.cityofpaloalto.org/civicax/filebank/documents/80527. City of Palo Alto Page 11 2) Community Development Block Grant – (CDBG) • Funding Source –Department of Housing and Urban Development (HUD) • Current Funding amount: HUD determines the amount of each entitlement grant by a statutory formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing, and population growth lag in relationship to other metropolitan areas. Palo Alto, historically, has received approximately $500,000 in entitlement grant annually. After including the program income which is generated from loan repayments and rental income in excess of expenses on specific properties acquired or rehabilitated with CDBG funds and unused CDBG funding from previous years, the total available funding is approximately $700,000 to $800,000 annually. o Every year, approximately half of the available CDBG funds are used for – homeless services/homelessness prevention. The other half is used for housing rehabilitation, public services and improvement facilities, and a portion for CDBG program administration. • Funding Categories – The CDBG program has five primary activity areas in which to allocate funds: Public Services, Planning and Administration, Economic Development, Housing Rehabilitation, and Public Improvement and Facilities. Funding recommendations are made by the HRC and approved by the Council. Annual allocations for both HSRAP and CDBG funding is reported as part of the annual adopted budget in the Community Services Department and Special Revenue Fund Summary sections respectively. Go to Attachment C for FY 2020-21 CDBG funding allocations. 3) Emerging Needs Fund • The Fund assists nonprofits with short-term and/or urgent funding needs outside of the HSRAP process. • Funding Source – Palo Alto General Fund • Funding amount – FY 2020-21 o $50,000 base budget + $41,300 additional for COVID Relief Efforts; $39,600 – Subtotal - homelessness, homelessness prevention • Funding Cycle open year-round for Emergency Needs and four times per year for Emerging/Critical Needs • Funding Categories: Emergency Needs; Critical Needs; and Emerging Needs • Agency may not receive funding more than once in a two-year period • Funding recommendations made by the HRC and approved by a designee of the City Manager City of Palo Alto Page 12 4) Other Potential Funding Sources The City is working with the State and Federal advocates to stay aware of upcoming funding opportunities. Though there are a few opportunities forthcoming through the proposed Governor’s budget, it is important to note that many funds related to the unhoused are sent to the counties for distribution. This necessitates continued coordination between the City and the County related to unhoused services. Some funding opportunities of which the City is currently aware include the following in the Governor’s proposed budget: Project Homekey (to be used for acquisition or rehabilitation of hotels, motels, or hostels to p rovide housing to individuals and families experiencing homelessness); competitive grants to counties through the Department of Health Care Services for the acquisition and rehabilitation of sites to expand the continuum of behavioral health treatment reso urces; and funding through the Department of Social Services for the acquisition and rehabilitation of adult residential facilities and residential care facilities for the elderly. Additionally, Santa Clara County Measure A funds projects could include a m ix of rapid rehousing and permanent supportive housing. Community Partners City staff work with a variety of partners in serving the unhoused, most of which receive funding from the sources above. These organizations are partners not only in provision of services but also in providing expertise and local knowledge in serving the unhoused. County- wide partners are also a valuable partner; providing expertise in serving the unhoused as well data provision and county/state funding sources. • Community Working Group – Affordable housing developer. Local sites include the Opportunity Center, 801 Alma and Alma Gardens. • Destination Home - A public-private partnership that uses collective impact strategies to accomplish its mission of ending homelessness in Santa Clara Count • Downtown Street Team - Job training, leadership skills development, peer to peer outreach efforts, case management and job opportunities for homeless individuals. Also operates Downtown Food Closet. • Heart & Home Collaborative – Seasonal rotating homeless shelter for women at local congregations. • Karat School Project – Services and support to families living in Recreational Vehicles including school materials and other essential supplies such as PPE, cleaning supplies, gas cards, food, etc. • LifeMoves – Provide financial assistance to low income and homeless residents of Palo Alto, as well as food, shelter (Hotel de Zink), case management, and an array of other services at the Opportunity Services Center. • Santa Clara County Office of Supportive Housing - Works to increase the supply of housing and supportive housing that is affordable and available to extremely low income and/or special needs households. Lead county agency on issues of homelessness. City of Palo Alto Page 13 • Peninsula HealthCare Connections – Medical clinic located at the Opportunity Services Center which provides affordable healthcare to underserved and at -risk community members, particularly individuals experiencing homelessness. • We Hope – Provider of shelter, food and job training. Based in East Palo Alto, but open to Palo Alto unhoused. They also provide a weekly mobile shower and laundry services in South Palo Alto for the unhoused. Vehicle Dwelling Outside of Safe Parking Programs City staff collaborate with Stanford External Relations (Office of C ommunity Engagement and Office of Government Affairs) to convene City, County, Palo Alto Unified School District, non- profit, Stanford, and philanthropic stakeholders to discuss the status and support for RV dwellers living along the El Camino Real corridor in Palo Alto. The group has focused on understanding and meeting the needs of families, the new safe parking efforts, sharing news and resources, and developing a survey to get more information about the needs of vehicle - dwelling families. The John W. Gardner Center for Youth and Their Communities (Graduate School of Education) provided consultation on a survey which is currently being implemented by Karat School Project (KSP) and WeHope. Stanford also collaborated with KSP and partners on a community c lean-up of the El Camino Real corridor which included some families who had moved to the Geng Road safe parking location. This collaborative effort continues to look at solutions and options for these members of our community. Vehicle Parking The Palo Alto Police Department has been working diligently to engage appropriately and productively with unhoused members of the community, both those living in vehicles and those staying in public places, particularly downtown. Efforts focus on providing hope and help, with police personnel routinely offering connection to social services and available resources in collaboration with the Community Services Department. In early 2021, after a rise in property accumulating on sidewalks and the roadway along El Camino Real and in other areas of town, the Police Department increased the frequency with which officers addressed abandoned property and vehicles that may be parked for more than 72 hours on any public street. Overall, the strategy aims to ensure vehicles are operable and not abandoned, as required by state and local laws. The strategy also addresses health and safety issues; ensuring that public sidewalks and streets are not blocked and are kept free of abandoned items, trash, or debris. As a result, the co nditions along El Camino Real have improved. The Community Service Officers (CSO) in the Police Department provide notice to all vehicles that they must drive at least ½ mile after being parked for 72 hours. The notice is conducted via warning flyers. The posting also coincides with interaction and contacts with those parked along City of Palo Alto Page 14 El Camino Real or other locations. At this time, CSOs can refer households to available services. Staff continue to monitor the situation on a regular basis to ensure legal com pliance continues. More information about this process is detailed in the City’s blog post , recently issued to help inform the public on this complex issue.2 The City has received a number of complaint emails from residents expressing dismay and concern about the practice of enforcing the 72-hour parking rule. In addition, the Human Relations Commission (HRC) discussed the topic at the March 17, 2021 meeting. At th at meeting, some HRC members expressed a desire to allow vehicles to park longer than 72 hour s; to develop a permit program so that those on a wait list for a safe parking site do not have to move every 72 hours; or to otherwise soften the means of conveying the requirement that vehicles remain operable and periodically move. Quality of Life Staff works to track the current situation facing unhoused individuals in Palo Alto by being in regular communication with local service providers. This includes regular monitoring of HSRAP and CDBG grantees. Since the onset of COVID-19, the Office of Human Services hosts a bi- weekly meeting with providers of services to vulnerable populations. Attachment D shares personal stories received from some of the providers and clients. In consultation with local providers of services to the unhoused, there are sev eral key issues facing local unhoused residents that they brought forward: • Local Shelter Space - At present there are only two shelter options in Palo Alto, and both are rotating shelters without a fixed place of operations. Both are operating at 50% capacity (up to 10 participants each) due to COVID restrictions. Furthermore, COVID has compounded the issue of access to County shelters, as the process to get into any shelter has been centralized through the Santa Clara County shelter hotline (except for Hotel de Zink and Heart and Home). For the unhoused individuals without phones, this process is very difficult to navigate. Most of the shelters are concentrated in South County. • Open Public Places During COVID - Pre-COVID, many individuals experiencing homelessness would spend their time in libraries, community centers, coffee shops, and grocery stores. These spaces are now either fully closed or they do not allow indoor gathering. Even places where unhoused people used to receive hot meals have closed or implemented take-and-go or outdoor dining. This has led to an inability for these individuals to charge their devices such as their phones, which has further isolated them. Also, most public restrooms have been closed. So as housed individuals have been sheltering in place, the unhoused have faced a lack of places to go and take shelter, making an already-vulnerable population much more vulnerable. 2 Link to City blog post: https://medium.com/paloaltoconnect/parking-issues-on-el-camino-real-a-complex- community-issue-fda6a0ee314d City of Palo Alto Page 15 • Unhoused individuals who are undocumented: Undocumented immigrants are unable to receive most government assistance, such as CALFRESH (food stamps), General Assistance, and even Medi-Cal benefits. Inability to access public benefits presents serious challenges and barriers especially to the unhoused population. Furthermore, without these benefits, these individuals are also unable to obtain free government phones. Without access to a free phone, they are further isolated and have difficulty communicating with case managers, social workers, etc. • Employment – Unhoused individuals face barriers to employment. Government and non-profits work with employers to help them understand the population and encourage employers to offer opportunities and job training. Due to the high unemployment caused by the recession, finding low-wage job-training opportunities for unhoused persons is even more challenging than before. • Permanent Affordable Housing – More permanent affordable housing is needed to ensure unhoused persons can exit homelessness. This includes: o Permanent supportive housing, which provides long-term rental assistance, case management and supportive services to the most vulnerable chronically homeless individuals and families in the community; o Rapid Rehousing which quickly moves families and individuals who are experiencing homelessness into permanent housing and provides case management, supportive services, and a time-limited rental subsidy (typically 6- 24 months); o Housing that focuses on newly unhoused individuals, those that do not meet chronic homeless status. Often these individuals are successful with minim al supportive services if given a subsidy or affordable unit as they are not facing as many barriers to long-term stability as many chronically homeless individuals. o Housing for extremely low-income households; and o “Low barrier housing” that is flexible to meet the unique needs of unhoused individuals, especially those with mental health and substance abuse issues. Note: “Supportive Housing” is a term used to include all types of permanent housing programs, including both rapid rehousing and permanent su pportive housing. • Homelessness Prevention – Preventing homelessness is far less expensive and easier than helping a person exit homelessness. Most American households are one missed paycheck or one medical disaster away from homelessness. With the high c ost of housing in the Bay Area, challenging economic times, and other challenges, many households lack savings to weather any income loss. Due to high rents, available rental assistance monies can only serve a limited number of households. Through the CARE S Act, the City funded LifeMoves to provide additional rental assistance to prevent homelessness. The need surpasses available resources and remains for ongoing City of Palo Alto Page 16 investment in rental assistance programs as a key strategy for homelessness prevention. • Statewide, County, and City Eviction Protections – Due to the pandemic, the State, County, and City all adopted eviction protections to keep people housed. Most recently, SB 91, which was signed into law January 29, 2021, extends eviction protections to COVID-19-impacted tenants and established the State’s Emergency Rental Assistance Program. The Act extends tenant protections included in the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088) to June 30, 2021. These protections were originally set to expire on February 1, 2021. Without intervention through additional programs or regulations, there could be a wave of evictions leading to a rise in the unhoused. Other Communities Other communities are working on the topic of the unhoused in a variety of ways and the City Council wanted to know more about some other efforts, especially about the programs in the neighboring jurisdiction of Mountain View. The City of Mountain View has invested over $5.7 million and has been working on their strategies and actions for over 5 years with this as a priority to address the needs of the unhoused. A recent report summarizes their efforts on a variety of initiatives for the unhoused (link: https://www.mountainview.gov/civicax/filebank/blobdload.aspx?BlobID=33531 ). Their funding includes other funding commitments, such as the Community Development Block Grant (CDBG). Mountain View’s strategy includes a range of housing programs, from prevention to early intervention to more intensive services to either keep residents in, or return them to, housing. In addition to the programs to assist the unhoused, Mountain View is also implementing, on a phased schedule, Measure C, the large vehicle parking restrictions measure. Implementation of those parking restrictions will be done in a phased approach beginning in May 2021. The phasing will allow people to better take advantage of available services. Stakeholder Engagement Staff continues to work with community partners that provide services to the unhoused in Palo Alto. Additionally, residents have communicated to the City Council, both, about interests in addressing needs for the unhoused as well as interest in seeing tightened regulations regarding the unhoused in the community. Engagement will continue in the future phases of this work. Resource Impact As described in the Discussion section above, the City currently provides funding in support for services to the unhoused and there is still need. The programs described in the Areas for Discussion subsection of the Discussion Section vary in cost. Further exploration of costs would be needed if any particular new programs were desired to potentially pursue. Specifically, regarding applications for funding. The receipt and management of funds, as well as the associated management of the projects, would require the allocation of significant staff City of Palo Alto Page 17 time and redirection from current staff priorities. Such work is sp ecialized, important, and would need adequate attention to be carried out successfully. Environmental Review The action recommended is not a project for the purposes of the California Environmental Quality Act. However, depending on the future work associated with this, there may be subsequent qualifying actions. Attachments: • Attachment A: CityofPaloAlto_Unhoused_Analysis_12_1_2020 • Attachment B: Funding for services for the unhoused - FY 20-21 • Attachment C: FY2020_21 CDBG Projects • Attachment D: Stories from Providers Analysis of Homeless Households Affiliated with the City of Palo Alto, November 2020 •240 homeless households who took a VI-SPDAT assessment during Nov 1, 2019 to October 31, 2020 have an affiliation with the City of Palo Alto through answering “Palo Alto” to any of the following assessment questions: •If employed, what city do you work in? •If you go to school, in which city is your school? •In which city do you spend most of your time? •Which city did you live in prior to becoming homeless? •City of Palo Alto affiliated households (Palo Altans) are 4% of the total number of households who took the VI-SPDAT during this period (6,344 households) •The 240 households are comprised of 272 adults and 35 children. Please see the demographics below: Male, 154, 64% Female, 83, 35% Trans Female (MTF or Male to Female), 3, 1% By Gender 3%, 6 4%, 9 23%, 55 5%, 13 2%, 5 58%, 139 5%, 13 0 20 40 60 80 100 120 140 160 American Indian or Alaska Native Asian Black or African American Multi-Racial Native Hawaiian or Other Pacific Islander White Client doesn’t know/Refused/ Data not collected By Race Non-Hispanic/ Non-Latino, 169, 71% Hispanic/ Latino, 69, 29% By Ethnicity Demographics of Homeless Palo Altans 5%, 13 14%, 34 17%, 40 24%, 57 22%, 53 18%, 43 0 10 20 30 40 50 60 18 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 or Above By Age Household with Children, 15, 6%Household without Children, 24, 10% Single Adult, 201, 84% By Household Type Attachment A 69% 36% 31% 5% 50% 15% 64% 100% 69% 95% 100% 50% 15% 0%20%40%60%80%100% Client doesn't know/ Refused/ Data not collected (n=13) White (n=139) Native Hawaiian or Other Pacific Islander (n=5) Multi-Racial (n=13) Black or African American (n=55) Asian (n=9) American Indian or Alaska Native (n=6) Race by Ethnicity Hispanic/Latino Non-Hispanic/Non-Latino Client doesn't know/ Refused/ Data not collected 13.3%, 32 12.9%, 31 Veteran status Foster care background Veterans Status and Foster Care Background Analysis of Homeless Households Affiliated with the City of Palo Alto, November 2020 (Cont’d) Demographics of Homeless Palo Altans (Cont’d) Enrollment of Unhoused Palo Altans in Shelters, Feb 2020 to Jan 2021 •205 homeless households who enrolled in a shelter program during Feb 1, 2020 to January 31, 2021 have an affiliation with the City of Palo Alto through reporting a zip code within the City of Palo Alto from their last address or answering “Palo Alto” to any of the following VI-SDPAT assessment questions: •If employed, what city do you work in? •If you go to school, in which city is your school? •In which city do you spend most of your time? •Which city did you live in prior to becoming homeless? •City of Palo Alto affiliated household (“Palo Altans”) are 4% of the total number of households (4,842) who enrolled in a shelter program during this period (these enrollments exclude FEMA Isolation Hotels/Motels). 91%, 286 9%, 28 100%, 314 0 100 200 300 400 500 600 700 Household Enrollments at Sunnyvale Shelter Palo Altans Other 90%, 488 10%, 54 100%, 542 0 100 200 300 400 500 600 700 Households Enrolled in Shelters Located in Sunnyvale Palo Altans Other Clients enrolled at the Sunnyvale Shelter, the North County Cold Weather Shelter, and Project Roomkey Hotels in North County. 97%, 4359 3%, 120 100%, 4479 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 Households Enrolled in Shelters Outside of North County Palo Altans Other Clients enrolled at shelters outside of Sunnyvale and Palo Alto. Enrollment of Unhoused Palo Altans in Shelters, Feb 2020 to Jan 2021 (Cont’d) 95%, 1057 5%, 50 100%, 1107 0 200 400 600 800 1000 1200 1400 1600 1800 2000 Households Enrolled in Hotels/Motels for Medically Vulnerable Households (Non-Congregate Shelters) Palo Altans Other 96%, 4026 4%, 179 100%, 4205 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 Households Enrolled in all other Shelter Programs Palo Altans Other Non-congregate shelters include hotel/motel programs for homelessness individuals who have underlying conditions making them vulnerable to complications of COVID- 19. All other shelters excludes hotels/motels and includes interim housing (provides shelter to clients enrolled in housing programs and waiting to be housed) and all other emergency shelters. No Agencies Program Descriptions Program Funding Source of Funding Type of Contract Downtown Streets Team, Inc. (DST) Stipends for peer to peer outreach efforts by DST Team members.38,786.00$ HSRAP Grant Downtown Streets Team, Inc. (DST)To provide basic needs stipends for unhoused members of DST's team in exchange for volunteeering at the Downtown Food Closet in addition to the purchase of PPE supplies for staff and volunteers.10,000.00$ Emerging Needs Fund Grant Downtown Streets Team, Inc. (DST) Workforce Development Program. Provide comprehensive support services for homeless/ unemployed to secure employment.236,000.00$ CDBG Annual Entitlement Grant Downtown Streets Team, Inc. (DST)Hot meals provision and delivery of Pre-packed groceries for vulnerable community members arranged by Downtown Food Closet Volunteers and delivered to doorsteps to meet the need and limit contact.100,000.00$ CDBG Annual Entitlement Grant Downtown Streets Team, Inc. (DST)DST team members service the University Ave Downtown Business District by reducing trash from full garbage containers, providing litter removal for sidewalks, alleyways, and garages, and reporting vehicles and/or activities of concern to the proper authorities.107,748.00$ University Avenue Parking District Fund Contract Heart & Home Collaborative To support the extended operation of a seasonal homeless shelter for women during COVID 19 emergency.10,000.00$ Emerging Needs Fund Grant Kafenia Peace Collective To provide children living in RV's computer equipment and power to attend school remotely and complete their schoolwork.1,500.00$ Emerging Needs Fund Grant Karat School Project To provide edu-kits which include books, notebooks, STEM kits, cleaning supplies, PPE and supplies for younger children who live in RV's.5,000.00$ Emerging Needs Fund Grant LifeMoves To provide critical food services for homeless and very low-income residents at the Opportunity Services Center and through the Breaking Bread Program. 84,039.00$ HSRAP Grant LifeMoves To purchase grocery gift cards for unhoused/low income members of the community, emergency funding assistance and PPE equipment and supplies for staff at the homeless drop in center to be able to continue providing services during COVID.10,000.00$ Emerging Needs Fund Grant LifeMoves Case Management to secure housing and/or affordable housing at Opportunity Services Center 29,932.00$ CDBG Annual Entitlement Grant LifeMoves Longer hours of operation at Hotel De Zink emergency shelter during the COVID-19 emergency.$54,332.00 CDBG- CARES Grant LifeMoves Rent Relief Assistance. To assist low, very low, and extremely low income persons (per HUD definitions) by providing financial assistance to cover rent. 294,000.00$ CDBG- CARES Grant Peninsula HealthCare Connections Purchase of equipment to enable teleheath services by a healthcare clinic for low income and unhoused community members as needed by the COVID 19 emergency.5,000.00$ Emerging Needs Fund Grant Silicon Valley Independent Living Center Housing and Emergency Services. Assist low-income, senior and/or disable Palo Alto individuals and families in search for affordable, accessible housing.11,232.00$ CDBG Annual Entitlement Grant Silicon Valley Independent Living Center Rent Relief Assistance. To address the short term needs of City of Palo Alto residents at risk of being displaced by rent increases, utility payments, emergency situations, and other market forces due to Covid-19. The target population of the proposed project are the residents with disabilities, veterans and older adults, aged 55 and over.75,000.00$ CDBG Annual Entitlement Grant WeHope Support of mobile shower and laundry services in South Palo Alto for the unhoused.9,600.00$ Emerging Needs Fund Grant YWCA of Silicon Valley Domestic Violence Services. Provide crisis intervention, emergency shelter, comprehensive case management, counseling/ therapy, children’s play therapy and legal services 5,000.00$ CDBG Annual Entitlement Grant YWCA of Silicon Valley Rent Relief Assistance. To address the short-term needs of City of Palo Alto residents at risk of being displaced by rent increases, utility payments, emergency situations, and other market forces due to Covid-19. The target population of the proposed project are individuals and families experiencing domestic violence.10,000.00$ CDBG Annual Entitlement Grant TOTAL 1,097,169.00$ HSRAP - Human Services Resource Allocation Process CDBG - Community Development Block Grant CITY OF PALO ALTO EXPEDITURES ON HOMELESSNESS/HOMELESSNESS PREVENTION FY 2020-21 Attachment B Attachment C – CDBG FY 2020-2021 Funding Community Development Block Grant (CDBG) Fiscal Year (FY) 2020-2021 Funding Organization Project Amount Catholic Charities Long Term Care Ombudsman Program: Advocate for the rights of seniors and disabled residents in long term care facilities located in Palo Alto. $9,345 LifeMoves Case Management: Assistance with housing and job searches, referrals and mentoring at the Opportunity Services Center. $29,932 Palo Alto Housing Corporation Support Services: Counseling services, employment assistance and crisis Intervention to residents of Barker Hotel (25 units) and Alma Place (106 units). $29,931 Silicon Valley Independent Living Center Case Management: Assistance to low- income Palo Alto residents with disabilities, veterans and older adults to secure affordable, accessible housing. $11,232 YWCA of Silicon Valley Domestic Violence Services: Crisis intervention, emergency shelter, comprehensive case management, counseling/ therapy, children’s play therapy and legal services to individuals and/or households experiencing domestic violence. $5,000 Project Sentinel Fair Housing Services: Fair housing counseling and investigative services through casework, increase knowledge of fair housing laws and individual counseling on the fair housing laws to improve understanding of residents and housing providers rights or obligations. $37,480 Downtown Streets Workforce Development Program: Comprehensive support services for homeless/ unemployed individuals to secure employment. $236,000 LifeMoves Rental Assistance: Financial assistance to eligible low-income Palo Alto individuals/households impacted due to COVID-19 pandemic to cover rent, security deposits and/or utilities payments. $294,000 Attachment C – CDBG FY 2020-2021 Funding Silicon Valley Independent Living Center Rental Assistance: Financial assistance to eligible low-income Palo Alto residents with disabilities, veterans and older adults impacted due to the COVID-19 pandemic. $75,000 YWCA of Silicon Valley Rental Assistance: Financial assistance to eligible low-income Palo Alto residents experiencing domestic violence and impacted due to COVID-19 pandemic. $10,000 Downtown Streets Downtown Food Closet: Delivery of groceries to Palo Alto households categorized as vulnerable during the COVID- 19 pandemic. $100,000 Ravenswood Family Health Network COVID19 Testing and PPE: Funds to purchase adequate personal protective equipment (PPE) to ensure staff safety and provision of COVID-19 testing to low-income Palo Alto residents. $ 67,610 Ravenswood Family Health Network Mobile Health Clinic: Improve COVID-19 testing, education, and immunization by delivering services via mobile clinic to low- income Palo Alto residents. Additionally, after the pandemic the mobile clinic will provide medical and dental care access to low-income Palo Alto residents. $354,550 LifeMoves Hotel De Zink: Extended operational hours (increased from 9 hours to 14 hours) at Hotel De Zink emergency shelter. Clients will receive extended hours of supports and services in the emergency shelter $54,332 Attachment D: Stories from Providers who Receive Homelessness Prevention Funding From LiveMoves – Opportunity Services Center A local single mother with three children tested positive for COVID-19 last November which resulted in a loss of income. She received financial assistance to pay her full December rent and late bills and returned to work the next month. However, she needed assistance in February 2021 after testing positive COVID 19 again. She received rental assistance to cover her full February rent and was able to return to work. Fortunately, she was able to save her housing. However, she is weary of the possibility of experiencing another financial hardship caused by COVID-19 variants due to being an essential food service worker. From Peninsula HealthCare Connections – Clinic at the Opportunity Services Center (they are a separate nonprofit, but use space the OSC.) I think I would like to share our experience (so several stories) of unhoused individuals we have served that are lifelong residents of Palo Alto, deeply connected to the community in a variety of ways, that even with a subsidy and supportive services are not able to live there. This is such a loss for these individuals and definitely contributes to longer bouts of homelessness and refusal of services in some cases. For many people, housed and unhoused, being a Palo Alto resident has very deep, emotional and cultural ties and being forced out of your community due to financial reasons is devastating. From Downtown Streets Team • Wendy is a disabled senior living on the streets in Palo Alto. She receives monthly SSI (Supplemental Security Income) payments in the amount of $725 each month. Due to her disability and age, she is unable to obtain employment. She desperately wants to have stable housing, however, she doesn’t qualify for any of the local affordable housing properties because her income isn’t enough to meet the minimum income requirements. As a rough estimate, an individual usually needs to make at least $1000 per month to qualify for local affordable housing properties. The monthly maximum federal amount for SSI benefits for an eligible individual is $794, which unfortunately, is nowhere near enough to meet minimum income requirements, and in many cases, not even enough to be able to afford monthly rent, as many local affordable housing properties have units that rent at $1000+ per month. Many of our elderly, disabled, and unhoused community members in Palo Alto who live off of SSI benefits frequently face these barriers in qualifying for affordable housing. • Wyatt is a man who is experiencing homelessness, living on the streets in Palo Alto. Wyatt came to us for assistance with many issues, one of which is access to space. He has too many things to be able to carry them around in a bag or two with him, and of course due the nature of being homeless, he doesn’t have access to a home or other safe place to store his belongings. As such, he is forced to carry all of his belongings around with him, which leave him vulnerable to theft and harassment and restrict his ability to easily travel elsewhere for services (such as going to San Jose) since all of his belongings won’t fit with him on public transportation. Many of our unhoused community members face this issue, as there aren’t any local and affordable storage options. The Opportunity Center has lockers available, but they are very small lockers and they are only available to their clients. Furthermore, COVID-19 has compounded his access to space, as there is now a lack of access to safe, public spaces for him to spend his day time. Pre-COVID, he would often spend his days staying safe, warm, and dry in a library, community center, coffee shop, or grocery store. Now, not only does he struggle to find safe public spaces to spend his time, he also struggles with finding a place to routinely address his personal hygiene and to charge his phone to be able to communicate with us and others about his needs. • Jessica is an undocumented person experiencing homelessness in Palo Alto. She currently lives in her vehicle, and she wants to turn her life around for her young son, however she faces many barriers to legitimate employment, public benefits, and affordable housing. She also struggles with mental health and substance abuse issues, both of which are byproduct of her experience as an undocumented woman in our community. She is fully capable and ready to work to support herself and her son, but without a valid authorization to work, she is unable to get a legitimate job. Due to her undocumented status, she is also unable to receive public benefits that other unhoused community members are eligible for – she isn’t even eligible for health benefits through Medi-Cal (only emergency-only benefits). Without income from benefits and/or employment, she isn’t eligible for affordable housing, and she likely can’t even qualify for some affordable housing that is funded by HUD. All of these barriers continue to pile up and overwhelm Jessica and others living with this experience. CITY OF PALO ALTO OFFICE OF THE CITY CLERK April 5, 2021 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the March 15 and March 22, 2021 City Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: • Attachment A: 03-15-21 CCM DRAFT Action Minutes (PDF) • Attachment B: 03-22-21 CCM DRAFT Action Minutes (DOCX) Department Head: Beth Minor, City Clerk Page 2 CITY COUNCIL MEETING DRAFT ACTION MINUTES Page 1 of 4 Special Meeting March 15, 2021 The City Council of the City of Palo Alto met on this date in virtual teleconference at 5:00 P.M. Participating Remotely: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka Absent: Closed Session 1. CONFERENCE WITH CITY ATTORNEY Subject: Written Liability Claim Against the City of Palo Alto By Joel Domingo Alejo (Claim No. C20-0037) Authority: Government Code Section 54956.9(e)(3). MOTION: Council Member Filseth moved, seconded by Council Member Cormack to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:06 P.M. Council returned from Closed Session at 6:46 P.M. Mayor DuBois announced no reportable action. Special Orders of the Day 2. Presentation by the Palo Alto Player and Proclamation. NO ACTION TAKEN Agenda Changes, Additions and Deletions MOTION: Mayor DuBois moved, seconded by Vice Mayor Burt to continue Agenda Item Number 6A, “PUBLIC HEARING: Finance Committee Recommends the City Council Approve the Park, Community, and Library Development Impact Fee Justification Study…” to a date uncertain. MOTION PASSED: 6-1 Cormack no DRAFT ACTION MINUTES Page 2 of 4 Sp. City Council Meeting Draft Action Minutes: 03/15/2021 Minutes Approval 3. Approval of Action Minutes for the March 1, 2021 City Council Meeting. MOTION: Vice Mayor Burt moved, seconded by Mayor DuBois to approve the Action Minutes for the March 1, 2021 City Council Meeting. MOTION PASSED: 7-0 Consent Calendar MOTION: Council Member Cormack moved, seconded by Council Member Stone to approve Agenda Item Numbers 4-6. 4. Authorize Transmittal of the 2020 Comprehensive Plan Annual Progress Report to the Office of Planning and Research and the 2020 Housing Element Annual Progress Report to the Department of Housing and Community Development. 5. Adoption of an Ordinance Adopting an Administrative Amendment to the 2019 California Fire Code, Palo Alto Municipal Code Section 15.04.075 (Definitions Added to Section 202). 6. Ordinance 5518 Entitled, “Ordinance of the Council of the City of Palo Alto to Rename Foothills Park to Foothills Nature Preserve; to Adjust Attendance Limits at the Preserve; and to Amend the Fiscal Year 2021 Municipal Fee Schedule to add new Daily Entry Discounts and Annual Pass Fees at the Preserve (FIRST READING: February 22, 2021 PASSED 7-0).” MOTION PASSED: 7-0 Action Items Mayor DuBois advised that Agenda Item Number 8 will be heard before Agenda Item Number 7. 6A. PUBLIC HEARING: Finance Committee Recommends the City Council Approve the Park, Community, and Library Development Impact Fee Justification Study; Approve Adjustments to Park, Community Center, and Library Development Impact Fees; Adopt an Ordinance Updating Park Land In-lieu fees; and Direct Staff to Implement the Impact Fee Updates With the Fiscal Year 2022 Budget (Continued From March 8, 2021).(This item is continued to a date uncertain.) DRAFT ACTION MINUTES Page 3 of 4 Sp. City Council Meeting Draft Action Minutes: 03/15/2021 8. Approval of the Response to the Grand Jury Report "Why Aren't There More Female Fire Fighters in Santa Clara County". MOTION: Council Member Filseth moved, seconded by Mayor DuBois to approve the City’s response to the 2019-2020 Santa Clara County Civil Grand Jury Report entitled, “Why Aren’t There More Female Firefighters in Santa Clara County”. MOTION PASSED: 7-0 Council took a break at 8:17 P.M. and returned at 8:28 P.M. 7. PUBLIC HEARING/QUASI JUDICIAL: Castilleja School Project 1310 Bryant: Conditional Use Permit (CUP) Amendment to Increase the Student Enrollment cap to 540 Students With Phased Enrollment and Campus Redevelopment, a Variance to Replace Campus Gross Floor Area and Architectural Review Approval of the Campus Redevelopment. Zone District: R-1(10,000). Environmental Review: Final Environmental Impact Report (EIR) Published July 30, 2020; Draft EIR Published July 15, 2019. MOTION: Council Member Kou moved, seconded by Council Member Cormack to discuss the Environmental Impact Report (EIR) portion of this item before other items. MOTION PASSED: 5-2 DuBois, Filseth no MOTION: Vice Mayor Burt moved, seconded by Council Member Stone to direct Staff to: A. Treat the underground parking facility as an underground garage and not as a basement; and B. Return to Council with an alternative text change counting all the underground garage as floor area; i. Return to Council with an alternative of not counting floor area or partially counting floor area; and ii. Evaluate the implication of the text change on other properties in R-1 zones. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to direct Staff to have an independent analysis of the existing floor area both above and below ground. (New Part C) DRAFT ACTION MINUTES Page 4 of 4 Sp. City Council Meeting Draft Action Minutes: 03/15/2021 SUBSTITUTE MOTION: Council Member Tanaka moved, seconded by Council Member Kou to continue this item to March 29, 2021. SUBSTITUTE MOTION FAILED: 2-5 Burt, Cormack, DuBois, Filseth, Stone no MOTION AS AMENDED: Vice Mayor Burt moved, seconded by Council Member Stone to direct Staff to: A. Treat the underground parking facility as an underground garage and not as a basement; B. Return to Council with an alternative text change counting all the underground garage as floor area; i. Return to Council with an alternative of not counting floor area or partially counting floor area; and ii. Evaluate the implication of the text change on other properties in R-1 zones; and C. Have an independent analysis of the existing floor area both above and below ground. MOTION AS AMENDED PASSED: 4-3 Cormack, Filseth, Tanaka no Adjournment: The meeting was adjourned at 12:19 A.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting March 22, 2021 The City Council of the City of Palo Alto met on this date in virtual teleconference at 5:01 P.M. Participating Remotely: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka Absent: Special Orders of the Day 1. Appointment of a Candidate to an Unfinished Term on the Planning and Transportation Commission. First Round of voting for one position on the Planning and Transportation Commission with a term ending December 15, 2021. Voting For: Bobi Adle Doug Burns Bryna Chang Burt, DuBois, Kou, Stone Rebecca Eisenberg Kathy Jordan Filseth, Tanaka Kevin Ma Jessica Resmini Cormack Beth Minor, City Clerk, announced that Bryna Chang with 4 votes was appointed to the unfinished term on the Planning and Transportation Commission. Agenda Changes, Additions and Deletions None. DRAFT ACTION MINUTES Page 2 of 5 Sp. City Council Meeting Draft Action Minutes: 03/22/2021 Minutes Approval 2. Approval of Action Minutes for the March 08, 2021 City Council Meeting. MOTION: Vice Mayor Burt moved, seconded by Council Member Kou to approve the Action Minutes for the March 08, 2021 City Council Meeting MOTION PASSED: 7-0 Action Items 3. 855 El Camino Real (20PLN-00252): Adoption of an Ordinance Amending Chapter 18.16 of Title 18 of the Municipal Code to Allow Some Ground Floor Medical Office use With a Commensurate Increase in the Overall Office use Allowed at the Site Subject to Limitations. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act (CEQA) in Accordance With Guideline Section 15301 (Existing Facilities). Zoning District: CC (Community Commercial). MOTION: Council Member Tanaka moved, seconded by Council Member Cormack to: A. Adopt an Ordinance to permit limited medical office use on the ground floor at Town and Country Village; and B. Find the Ordinance exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (existing facilities). INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to allow up to ten percent of retail like medical services, direct Staff to return to Council at the second reading of this Ordinance with a definition for this new retail category, and this would be for leases commencing within the next two years. MOTION AS AMENDED: Council Member Tanaka moved, seconded by Council Member Cormack to: A. Adopt an Ordinance to permit limited medical office use on the ground floor at Town and Country Village with the following changes: i. Allow up to ten percent of retail like medical services, direct Staff to return to Council at the second reading of this Ordinance with DRAFT ACTION MINUTES Page 3 of 5 Sp. City Council Meeting Draft Action Minutes: 03/22/2021 a definition for this new retail category, and this would be for leases commencing within the next two years; and B. Find the Ordinance exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (existing facilities). MOTION AS AMENDED FAILED: 3-4 DuBois, Filseth, Kou, Stone no INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to direct Staff to bring the Ordinance back to Council for consideration before the Council’s summer break. MOTION AS AMENDED: Vice Mayor Burt moved, seconded by Council Member Cormack to: A. Direct the Planning and Transportation Commission to review the proposed Ordinance for inclusion of a retail health definition and a two- year limit to execute a lease; and B. Direct Staff to bring the Ordinance back to Council for consideration before the Council’s summer break. MOTION AS AMENDED PASSED: 4-3 DuBois, Filseth, Kou no Council took a break at 7:20 P.M. and returned at 7:31 P.M. 4. Approval of the Revised Community and Economic Recovery Workplan and a Budget Amendment in the General Fund. MOTION: Mayor DuBois moved, seconded by Council Member Cormack to: A. Approve of the City of Palo Alto’s Community and Economic Recovery (CER) workplan (Parts A-I and K), including the revised recommended prioritized projects contained within the four CER elements: Managing through the pandemic, Community wellness and wellbeing, Focused business support, and City priority initiatives; and B. Approve an amendment to the Fiscal Year (FY) 2021 Budget Appropriation Ordinance in the General Fund by: i. Decreasing the COVID-19 Recovery: Contact Tracing expense appropriation by $50,000; and ii. Increasing the COVID-19 Recovery: Business and Communication Support expense appropriation by $50,000. DRAFT ACTION MINUTES Page 4 of 5 Sp. City Council Meeting Draft Action Minutes: 03/22/2021 C. Approve the CER workplan, Part J: Exploration of potential ballot measure MOTION SPLIT FOR THE PURPOSE OF VOTING MOTION PARTS A and B PASSED: 7-0 MOTION PART C PASSED: 6-1 Tanaka no 5. Review of and Potential Direction Regarding Planned Fiscal Year 2021 Capital Projects. Council took a break at 9:18 P.M. and returned at 9:25 P.M. MOTION: Council Member Filseth moved, seconded by Council Member Tanaka to direct Staff to find an additional $2.5 million in savings in the Fiscal Year 2021 capital project contracts planned to be approved by the end of June 2021. MOTION PASSED: 7-0 6. Adoption of a Park Improvement Ordinance for Renovations at Ramos Park (Continued From March 8, 2021). MOTION: Council Member Cormack moved, seconded by Mayor DuBois to adopt the Park Improvement Ordinance for renovation of the playground and park amenities and installation of a restroom at Ramos Park, with the removal of Section D. 5. MOTION PASSED: 7-0 7. Colleagues' Memo: Discussion and Adoption of Resolution 9947 Entitled, “Resolution of the Council of the City of Palo Alto Denouncing, Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the City of Palo Alto.” MOTION: Council Member Kou moved, seconded by Council Member Tanaka to adopt the Resolution Denouncing, Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the City of Palo Alto. MOTION PASSED: 7-0 Adjournment: The meeting was adjourned at 11:20 P.M. DRAFT ACTION MINUTES Page 5 of 5 Sp. City Council Meeting Draft Action Minutes: 03/22/2021 City of Palo Alto (ID # 11985) City Council Staff Report Report Type: Consent Calendar Meeting Date: 4/5/2021 City of Palo Alto Page 1 Summary Title: Approval of Surveillance Use Policy and Contract with Traffic Data Service, Inc. Title: Approval of Traffic Data Collection Surveillance Use Policy and Approval of a Contract With Traffic Data Service, Inc. for a Total Not -to-Exceed Amount of $200,000 to Provide On -call Traffic Data Collection Services From: City Manager Lead Department: Transportation Department Recommendation Staff recommends that the City Council: 1. Authorize the City Manager or designee to execute a four-year contract (C21180740) with Traffic Data Service (TDS), Inc. (Attachment A) in the amount not to exceed $200,000 for On-Call Traffic Data Collection Services. 2. Approve the Traffic Data Collection surveillance policy and use of video technology for traffic data collection (Attachment C). Background On-Call Traffic Data Collection Services provides for collecting traffic speed and volume data, peak hour manual turning movement counts, school pedestrian classification count, video bicycle and pedestrian data, and parking occupancy counts, information which is necessary for the Office of Transportation to manage various projects and initiatives throughout the community. This data is also necessary for the Office of Transportation to complete Council - priority projects, capital improvement projects, Palo Alto 311 service requests, implement traffic signal timing changes and monitor the performance of the City’s surface transportation network. The data collected through this service is required for assisting in the evaluation of operations and projects associated with, bicycle and pedestrian, traffic safety, safe routes to school, parking, transportation engineering, and planning studies. Historically, this data was used to evaluate traffic calming and road diet projects by conducting before and after studies and evaluate stop sign and traffic signal warrants as required by California Manual on Uniform City of Palo Alto Page 2 Traffic Control Devices. The proposed contract supports data collection that cannot be completed by the Department of Public Works or Office of Transportation and would be in place for four years from the date of the execution of the contract. Discussion Video technology used to collect bicycle, pedestrian, parking occupancy counts, and vehicular turning movement counts does not collect and retain audio, electronic, visual, location, and other personally identifiable information of persons or vehicles. See Attachment B for images from data collection video recordings. All cameras temporarily installed during the data collection period includes hang-tags visible from the street that read “TRAFFIC DATA CAMERA [SERVICE PROVIDER NAME] & [PHONE NUMBER]” listed on it at all times. Even though this technology records low-resolution videos and does not capture personal identifying information, an evaluation of this technology is provided below, and a policy relating to the system was developed and is provided in Attachment C. The City’s surveillance ordinance requires a surveillance evaluation of the technology using the following criteria (See PAMC 2.30.620 et seq.): 1. A description of the technology with an explanation of how it works and what information it captures; 2. Information on the proposed purpose, use, and benefits of the surveillance technology; 3. The locations or locations where the surveillance technology may be used; 4. Existing federal, state and local laws and regulations applicable to the Surveillance Technology and the information it captures; the potential impacts on civil liberties and privacy; and proposals to mitigate and manage any impacts; and 5. The costs for the surveillance technology, including acquisition, maintenance, personnel and other costs, and current or potential sources of funding. Surveillance Evaluation – Video bicycle/pedestrian data and turning movemen t counts 1. A description of the surveillance technology, including how it works and what information it captures: This video technology records at a low resolution, so neither faces nor license plate numbers are identifiable. No personal information is collected in the processes of gathering and managing video data. Traffic data such number of vehicles, bicycles or pedestrians is extracted from the recorded video. The video captures recordings of intersections, road volume, or separated pedestrian and bicycle paths. As soon as the recordings have been uploaded to the software, a technician defines all the turning movements that appear in the video and should be counted. A video analysis software is then used to assess the traffic according to turning movemen ts and vehicle categories. The video may also be reviewed manually by a technician to perform a quality check of the data collected. City of Palo Alto Page 3 2. Information on the proposed purpose, use and benefits of the surveillance technology: Video technology is primarily intended to collect: a) Pedestrian & bicycle pathway count: Count of pedestrians and bicycle volumes on crosswalks, sidewalks, paths, or intersections. This data is required to determine appropriate traffic control measures or roadway improvements. In addition, the data also helps in prioritizing locations for implementing pedestrians and bike- related facilities. This data is also needed to study and evaluate the impacts of various projects including but not limited to development and capital improvement projects. b) Turning Movement Counts (TMC): Tally of vehicular, bicycle, and pedestrian movements (e.g., left, through, and right turns) and volumes for all legs of the intersection. TMCs help to determine an intersection’s capacity and provide data for signal timings. TMC data is also collected to determine the intersection’s level of service and to conduct studies and analyses related to roadway and intersection improvements. 3. The locations or locations where the surveillance technology may be used: This technology will be used to collect traffic data at roadway intersections, roadway corridors, crosswalks, or pedestrian and bicycle paths. 4. Existing federal, state and local laws and regulations applicable to the Surveillance Technology and the information it captures; the potential impacts on civil liberties and privacy; and proposals to mitigate and manage any impacts: No known Federal, State regulations except City’s Surveillance Policy. Regarding the potential impacts on civil liberties and privacy, all video recordings collected for extraction of traffic data will be deleted 60 days after completion and submission of traffic data report to the City. Contractor and vendor have implemented and maintain reasonable and appropriate security measures, procedures, and practices to protect against the loss and unauthorized access, use, modification, destruction , or disclosure of any information by using SSL encryption, firewalls, anti -virus, and system security monitoring. The safeguards that protect information from unauthorized access include access- control, and access oversight mechanisms, as applicable. The video recordings are not downloaded or made available to City staff but only to the vendor and authorized contractor. Authorized Users will be permitted to access the video recordings utilizing a specific Customer Account using individual user login names and passwords Only Director-approved Office of Transportation staff and the contractors will have access to video technology data and will only be permitted to access the data for City of Palo Alto Page 4 authorized Office of Transportation purposes. 5. The costs for the surveillance technology, including acquisition, maintenance, personnel and other costs, and current or potential sources of funding. a) 4- Hour Peak Period Turning Movement Counts recorded through video-based equipment for an intersection would cost $180.00 b) 12-Hour School Pedestrian and Bicycle Classification Counts recorded through video- based equipment would cost $180.00 The City released a Request for Proposals (RFP) for the On-call Traffic Data Collection services on October 23, 2020 and received six proposals in response to the RFP. Office of Transportation staff reviewed the proposals and recommended moving ahead with the selection of Traffic Data Service (TDS), based on the evaluation criteria. The firms who participated in the solicitation and selection process are outlined below: Proposal Description/Number On-Call Traffic Data Collection Services RFP Date October 23, 2020 Pre-proposal Meeting None Deadline for questions November 9, 2020 Total Days to Respond to RFP: 25 days Number of Proposals Received: 6 Proposals Received from Location (City, State) All Traffic Data Services, LLC Wheat Ridge, CO IDAX Data Solutions Mountain View, CA National Data and Surveying Services, Inc Sacramento, CA Quality Counts, LLC Concord, CA Quality Traffic Data, LLC Valley Village, CA Traffic Data Service San Jose, CA The proposals were evaluated on the following criteria: • Qualifications and experience; • Proposal quality and completeness; • Response time and ability to perform the work; and • Fee All six proposals were evaluated by staff on the above-mentioned criteria that includes the cost and fees for the proposed tasks. All proposals exhibited compliance with applicable laws, regulations, policies, and guidelines, however, the proposal submitted by Traffic Data Services scored most points in the quality of the proposal; quality, performance, and effectiveness of the services to be provided in a timely manner, and prior record of performance with the city. City of Palo Alto Page 5 Staff also found Traffic Data Services (TDS) to be highly cost competitive based on comparing the costs for the data collection tasks with other proposers. Amongst the six proposers, TDS was 43% lower than the highest bid. Staff performed a reference check for TDS and concluded that they have a strong background in the types of data collection required to support the Office of Transportation. TDS has also completed similar tasks with other public agencies including the City of Palo Alto in the past and have demonstrated the ability to complete projects in a timely fashion. City’s previous contract with TDS was from 2015 until 2020. TDS team is familiar with City street network. During the previous cont ract term, there were instances where City street sweeping trucks accidentally ripped the tubes that are physically placed on street for data collection. In those cases, data collection had to be done twice and TDS did not charge the City again. TDS has been very responsive on work requests that needed urgent data collection and accommodated City’s needs. Therefore, staff recommends City Council award the contract to Traffic Data Services (TDS) of San Jose California. Timeline Immediately upon execution of a contract, staff will provide TDS with a list of locations of each type to be counted after review and written authorization to proceed. Resource Impact Funding for year one of these contracts is available in the Fiscal Year 2021 Adopted Capital Improvement Program (CIP) and Operating Budget of the Office of Transportation. The funding will be drawn from the following projects and programs as they require on -call support: PL- 00026 (Safe Routes to School), PL-04010 (Bicycle & Pedestrian Transportation Plan – Implementation Project), PL-12000 (Parking & Transportation Improvements), and PL- 05030 (Traffic Signal and ITS upgrade). Funding for future fiscal years is subject to City Council approval through the annual budget process. This is an on-call contract and services will only be rendered as staff demes appropriate and are confident of the CIPs and projects continuing in spite of current rebalancing actions. Should service not be needed, no cost will be incurred and approval of this contract will not impede staff or the Council’s ability to discuss CIPs priorities and funding as part of the FY 2022 Budget process. Policy Implications The City's Comprehensive Plan recommends that traffic safety be among the City's top priorities. This contract is consistent with the following Comprehensive Plan goals: • T-4: An Efficient Roadway Network for All Users and Goal • T-6: A High Level of Safety for Motorists, Pedestrians, and Bicyclists on Palo Alto Streets. City of Palo Alto Page 6 Stakeholder Engagement Staff will conduct community/stakeholder engagement as part of the project(s) that involve data collection service from this on-call contract. Environmental Review Approval of this item as recommended is categorically exempt from CEQA pursuant to regulations 15301 (Existing Facilities) and 15306 (Information Collection). Attachments: • Attachment A: Contract # C21180740 Traffic Data Servics_Final • Attachment B: Screenshot of video recording • Attachment C: Surveillance policy City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 1 of 23 CITY OF PALO ALTO CONTRACT NO. C21180740 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on April 5th, 2021, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TRAFFIC DATA SERVICE, a California Limited Liability Company, located at 6280 San Ignacio Avenue, Suite C, San Jose, CA 95119, Telephone Number: (408) 622-4787 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 5. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “A-1” - On-Call Task Order (Optional) “B” - Schedule of Performance “C” - Schedule of Fees “D” - Insurance Requirements CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 2 of 23 3. TERM. The term of this Agreement is from April 5, 2021 to April 5, 2025 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Two Hundred Thousand dollars ($200,000.00). 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. CITY has set aside the sum of Zero dollars ($0.00) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement.         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 3 of 23 6. COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix __ Claims for Public Contract Code Section 9204 Public Works Projects”. This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix __, attached hereto and incorporated herein. OR This project is not a 9204 Public Works Project. 8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: Ruchika Aggarwal, Dept.: Office of Transportation, Telephone: (650) 617-3136. 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         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 4 of 23 subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 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 this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders.         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 5 of 23 G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 6 of 23 restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A- :VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 7 of 23 other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement. P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor- nia which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed,         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 8 of 23 prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY. T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. CONTRACTOR agrees to advise CITY if any conflict arises. U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California. V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time.         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 9 of 23 CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements: x All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double- sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. x Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to, Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. x Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. PREVAILING WAGES This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 10 of 23 Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.” CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including:         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 11 of 23 Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. [For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR. Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control. /// /// ///         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 12 of 23 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO TRAFFIC DATA SERVICE ______________________________ By______________________________________ City Manager Name ___________________________________ Title_____________________________________ __________________________ Telephone: _______________________________ Purchasing Manager By______________________________________ Approved as to form: Name ___________________________________ Title_____________________________________ __________________________ Telephone: _______________________________ City Attorney or Designee                    City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 13 of 23 EXHIBIT A SCOPE OF SERVICES PROJECT DESCRIPTION Consultant to conduct the following types of traffic data collection: peak hour only turning movement counts, 12-hour turning movement counts, 7-day mechanical hose counts, vehicle classification, bicycle classification and school-pedestrian classification counts and floating car travel time. Contractor shall provide all equipment, materials and labor necessary to perform accurate traffic data collection. The City shall provide the consultant with a list of locations of each type to be counted on an as needed basis. The consultant shall remain in service with the City on an as-needed basis through the contract life or until the maximum compensation. Consultant fees shall remain fixed through the life of the contract. TECHNICAL SPECIFICATIONS 7-Day Mechanical Tube Counts For each roadway segment subject to the Mechanical Hose Count method, the Consultant shall install a minimum of two road tubes and electronic counting equipment for each street segment travel direction for a 7-day period to collect vehicle volume, vehicle speed, and vehicle classification data. For a four-lane roadway, additional tubes shall be installed for roadway classification. The Consultant shall not conduct any traffic counts on days with forecasted negative weather conditions such as rain or on a week that includes a City-designated Holiday. The Consultant shall not perform any traffic counts on days where normal traffic patterns are affected by nearby construction projects or scheduled special events. Additionally, counts shall be conducted during regular school session according to Palo Alto School District calendar. The Consultant shall inspect the tube count locations periodically. Should the counting equipment be identified as not installed properly, become free of its installation, or impacted by vandalism, the Consultant shall remove the equipment immediately and reinstall it per the manufacturer’s recommendations at no additional cost to the City. The Consultant shall not mount any electric counting equipment to trees.         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 14 of 23 For each of the 7-Day Mechanical Tube Count Locations the Consultant shall provide the following: x Traffic count approach data aggregated to the 15-minute time intervals for the entire 7-days x Traffic count totals per traffic approach and for the total roadway segment for each day x The peak 2-hours for each AM, Midday, and PM peak including the eight 15- minute peak intervals for each of the 7 days x Classification of the types of vehicles on the roadway by the number of axels including the overall percentage of truck traffic by number of axels for each day and each of the peak 2-hour interval of each day x The Average Daily Traffic (ADT) volume based off of the Tuesday, Wednesday, and Thursday counts If traffic flow is affected directly or indirectly by construction work or any other abnormal condition at the time data collection begins, or while traffic data collection is in progress, the Consultant shall immediately stop data collection and notify the City of such construction work or abnormal condition. The Consultant shall submit documentation of such construction work or abnormal condition (i.e., police report, photo, etc.). Upon verification by the City of such construction work or abnormal condition, the City shall compensate the Consultant for services provided at the particular intersection at one-half the rate applicable to professional services provided at an intersection in which traffic counts of the same method occur. The Consultant shall notify the City at least five business days prior to the collection of any such counts so that the City may notify the street sweeping crew as to the presence of tubes at count intersections. Consultants fee for the completion of a 7-day mechanical tube count, that includes equipment installation and pick-up costs, shall remain fixed through the life of the contract. Peak Hour Turning Movement Counts For each intersection subject to the Peak Hour Count Method, the Consultant shall count each vehicular turning movement, and each pedestrian walk direction and bicycle movement at each intersection for the AM Peak Hour Period from 7:00AM to 10:00AM and the PM Peak Hour Period from 4:00 PM to 7:00 PM. The consultant shall submit to the City the traffic count data for each turning movement aggregated to the 15-minute time intervals for each peak period and identify the peak hour period and its associated volume count for each. The Consultant shall provide the data in Microsoft Excel spreadsheet and PDF electric format each containing in separate columns, the 15-minute interval totals for direction of         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 15 of 23 travel/movement type. The file shall also include the peak hour and all movements in the peak hour volumes for the AM, Midday, and PM peaks. The file shall also include the count date including month, day, year, and day of the week. The Consultant shall also provide a Condition Diagram sketch of the intersection that includes the following information: x Intersection name x Date and times of count x Field conditions at time of count including weather and pavement conditions x Names of traffic counters and quality assurance staff x Intersection geometry sketch including lane configurations and lane widths, crosswalk widths and lengths, turning movement pocket lengths, traffic control device locations, pavement messages, and limit lines x Field Notes including observations of factors that impact traffic counts (i.e., overflow conditions, traffic accidents, construction, etc.), estimates on the percentage of heavy truck traffic observed during the count and within each peak hour interval, and any illegal traffic patterns. x North arrow bearing The Consultant shall require the person or persons performing the data collection to prepare the Condition Diagram the same day as the traffic count and to sign it. If the traffic data collected by the Consultant is inconsistent with historical traffic count data on record with the City at any intersection, the City in the sole discretion of the City Engineer shall require the Consultant to recount the intersection for each or both peak periods; Condition Diagrams for the recounted traffic data shall also be provided. If the recounted traffic data is consistent with the Consultant’s original traffic count at such intersection the original count shall be considered validated and consistent with the second count. The City shall compensate the Consultant for the second count per the base count price included in the proposal for both peak periods even if only one peak period was recounted. If the recounted traffic data is inconsistent with the Consultant’s original traffic count at such intersection, the original count shall be considered VOID and no additional compensation shall be provided for the second count. Peak hour turning movement counts shall occur on only a Tuesday, Wednesday, or Thursday that does not follow or precede a City-designated Holiday. Should scheduled traffic counts be impacted by forecasted negative weather conditions, the traffic count shall be rescheduled and the Consultant shall submit a revised count schedule within five (5) business days at no additional cost to the City. Peak hour turning movement counts may be collected manually on-site.         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 16 of 23 Consultant’s fee is for the completion of a peak hour turning movement count through the use of either 1-person or 2-persons. That price shall remain fixed through the life of the contract. As a location for counting is identified by the City, the Consultant shall specify a list of the electronic manual turning movement equipment proposed for use on the Project. The use of manual turning movement count boards shall not be permitted. The consultant shall field visit each location to determine whether the use 1-person or 2- persons is appropriate. 12-Hour Turning Movement Counts For each intersection subject to the 12-Hour Count Method, the Consultant shall count each vehicular turning movement and each pedestrian walk direction and bicycle movement at each intersection from 7:00AM to 7:00PM. The consultant shall submit to the City the traffic count data for each turning movement aggregated to the 15-minute time intervals for entire 12-Hour Period. The Consultant shall also provide the Peak Hour turning movement volumes for the AM, Midday, and PM peak periods. The Consultant shall provide the data in Microsoft Excel spreadsheet and PDF format each containing in separate columns, the 15-minute interval totals for direction of travel/movement type. The file shall also include the peak hour and all movements in the peak hour volumes for the AM, Midday, and PM peaks. The file shall also include the count date including month, day, year, and day of the week. The Consultant shall also provide a Condition Diagram sketch of the intersection that includes the following information: x Intersection name x Date and times of count x Field conditions at time of count including weather and pavement conditions x Names of traffic counters and quality assurance staff x Intersection geometry sketch including lane configurations and lane widths, crosswalk widths and lengths, turning movement pocket lengths, traffic control device locations, pavement messages, and limit lines x Field Notes including observations of factors that impact traffic counts (i.e., overflow conditions, traffic accidents, construction, etc.), estimates on the percentage of heavy truck traffic observed during the count and within each peak hour interval, and any illegal traffic patterns. x North arrow bearing The Consultant shall require the person or persons performing the data collection to prepare the Condition Diagram the same day as the traffic count and to sign it. If the traffic data collected by the Consultant is inconsistent with historical traffic count data on record with the City at any intersection, the City in the sole discretion of the City         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 17 of 23 Engineer shall require the Consultant to recount the intersection for the full 12-hour period; Condition Diagrams for the recounted traffic data shall also be provided. If the recounted traffic data is consistent with the Consultant’s original traffic count at such intersection the original count shall be considered validated and consistent with the second count. The City shall compensate the Consultant for the second count per the base count price included in the fee. If the recounted traffic data is inconsistent with the Consultant’s original traffic count at such intersection, the original count shall be considered VOID and no additional compensation shall be provided for the second count. 12-Hour turning movement counts shall occur on only a Tuesday, Wednesday, or Thursday that does not follow or precede a City-designated Holiday. Should scheduled traffic counts be impacted by forecasted negative weather conditions, the traffic count shall be rescheduled and the Consultant shall submit a revised count schedule within five (5) business days at no additional cost to the City. 12-Hour turning movement may be collected either manually on-site. Consultant shall submit a quotation for the completion of a 12-hour turning movement count through the use of either 1-person or 2-persons. That price shall remain fixed through the life of the contract. As a location for counting is identified by the City, the Consultant shall specify a list of the electronic manual turning movement equipment proposed for use on the Project. The use of manual turning movement count boards shall not be permitted. The consultant shall field visit each location to determine whether the use 1-person or 2-persons is appropriate. School Pedestrian Classification Count For each intersection subject to the School Pedestrian Classification Count, the Consultant shall manually collect the vehicle turning movement counts, the number of pedestrians crossing each leg of the intersection classified by age group, and the number of times that adult crossing guards enter the intersection to guide pedestrians if appropriate. The consultant shall collect the data from within a vehicle to not bring awareness as to their presence to either crossing guards, students or their parents. The Consultant shall collect data for 2-hours in the morning commute, 1-hour in the afternoon commute and 2-hours in the late-afternoon commute to-and-from school. Bicycle and Pedestrian Data The Consultant shall collect the bicycle classification and school-pedestrian classification counts using a Video Surveillance Technology. The Consultant shall specify a list of video equipment proposed for use on the Project. The technology used for these counts must be approved by the City before use. All video results will become the property of the City         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 18 of 23 and must be provided in a format that is accessible by the City. The consultant will be responsible for the costs of processing the video and proper classification of bicycles and pedestrians. Should the counting equipment be identified as not installed properly, become free of its installation, or impacted by vandalism, the Consultant shall remove the equipment immediately and reinstall it per the manufacturer’s recommendations at no additional cost to the City. The Consultant shall not mount any electric counting equipment to trees. The Consultant must include hang-tags on each camera that is visible from the street that read “TRAFFIC DATA CAMERA - (Company Name) - XXX-XXX-XXXX” with the company’s phone number listed on it. The video captured should be as low resolution as needed. For each of the Count Location using Video Technology, the Consultant shall provide the bicycle and pedestrian count and classification data aggregated to the 15-minute time intervals for the entire 7-days. The Consultant shall not conduct any counts on days with forecasted negative weather conditions such as rain or on a week that includes a City- designated Holiday. The Consultant shall not perform any counts on days where normal traffic patterns are affected by nearby construction projects or scheduled special events. The Consultant shall provide the data in Microsoft Excel spreadsheet, and PDF electric format each containing in separate columns, the 15-minute interval totals and classification for direction of travel/movement type. Consultant shall limit access to video collected to only those staff working under this Agreement and have access controls in place using usernames and passwords. Consultant shall delete video recordings collected for extraction of traffic data 60 days after completion and submission of traffic data report to the City. A few samples of traffic video data and completed traffic studies may be retained with approval from City for the purpose of training and validating the algorithms. Additional Services The need for additional types of traffic data collection services may be required during the term of the contract including parking occupancy counts, parking turnover studies or vehicle speed data. The City shall work with the Consultant to identify a fee schedule for any additional traffic data collection services prior to the start of any additional services. Any services not identified in this Scope of Services, but related to conducting traffic volume counts, shall be considered Extra Work. Consultant shall not be entitled to compensation for any Extra Work unless the City Engineer authorizes, in writing, the performance of such Extra Work prior to the performance of the work. The City shall not authorize payment for work completed until the Consultant has removed all field equipment from the count site.         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 19 of 23 EXHIBIT “A-1” GENERAL SERVICES TASK ORDER Contractor hereby agrees to perform the work detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into the Agreement by this reference. The Contractor shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONTRACTOR 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCEREMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___PHASE___ 6. CITYPROJECTMANAGER’SNAME/DEPARTMENT_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: ƒ WORK TO BE PERFORMED ƒ SCHEDULE OF WORK ƒ BASIS FOR PAYMENT & FEE SCHEDULE ƒ DELIVERABLES ƒ REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ --------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Contractor. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 20 of 23 EXHIBIT B SCHEDULE OF PERFORMANCE CONTRACTOR shall perform the Services according to the following schedule: As specified in EXHIBIT “A” Scope of Services, according to schedule as to be determined (TBD) by the CITY Project Manager, within the term of this agreement, including any approved Task Order.         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 21 of 23 EXHIBIT C SCHEDULE OF FEES CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. ITEM QTY . UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 01 3 Day Mechanical Tube Count; Volume Only Counts per approach of street (Tues., Wed., and Thur.) $16.00 $48.00 02 3 Day Mechanical Tube Count, Volume, Speed, Occupancy Count per approach of street (Tues., Wed., and Thur.) $20.00 $60.00 03 7 Day Mechanical Tube Count; Volume Only Counts per approach of street (Mon. –Sun.) $15.00 $105.00 04 7 Day Mechanical Tube Count; Volume, Speed, Occupancy Count per approach of street (Mon. – Sun.) $18.00 $126.00 05 4 Hour Peak Period Manual Turning Movement Counts $45.00 $180.00 06 12 Hour Manual Turning Movement Counts $40.00 $480.00 07 5 Hour School Pedestrian and Bicycle Classification Count $50.00 $250.00 08 4 Hour Peak Period Turning Movement Counts recorded through video based surveillance equipment $45.00 $180.00 09 12 Hour School Pedestrian and Bicycle Classification Counts recorded through video based surveillance equipment $15.00 $180.00         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 22 of 23 EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO         City of Palo Alto General Services Agreement Contract #C21180740 Form Rev. March 29, 2018 Page 23 of 23 “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303         ATTACHMENT C Surveillance Use Policy for Video Technology used for collecting traffic data In accordance with Palo Alto Municipal Code Section PAMC 2.30.680(d), the Surveillance Use Policy for the use of video technology for collecting traffic data is as follows. 1. Intended purpose of technology. The intended purposes of the video technology are to collect bicycle, pedestrian and vehicular turning movement counts at roadway intersections, roadway corridors, crosswalks or pedestrian and bicycle paths . 2. Authorized uses of the information. The information collected by video technology will be used only for the purposes identified in Section 1 above. All images and recordings gathered by this technology are for collecting traffic data only. 3. Information collected by the technology. This video technology only records at a low resolution, so neither faces nor license plate numbers are identifiable. No personal information is collected in the processes of gathering and managing video data. Traffic data is extracted from the recorded video. The video captures recordings of intersections, road volume or separate pedestrian and bicycle paths. As soon as the recordings have been uploaded to the software, a technician defines all the turning movements that appear in the video and should be counted. A video analysis software is then used to assess the traffic according to turning movements and vehicle categories. This technology identifies bikes and pedestrians based on shape and size and tracks their movement from polygon overlays drawn onto video footage provided by the data collector footage to create data points representing volume and movement from approach to approach. 4. Safeguards and Compliance Features. Contractor and vendor have implemented and maintain reasonable and appropriate security measures, procedures and practices to protect against the loss and unauthorized access, use, modification, destruction or disclosure of any information by using SSL encryption, firewalls, anti-virus and system security monitoring. The safeguards that protect information from unauthorized access also include access- control, and access oversight mechanisms, as applicable. The video recordings are not downloaded or made available to City staff but only to the vendor and authorized contractor. Authorized Users will be permitted to access the video recordings by means of a specific Customer Account using individual user login names and passwords . 5. Information retention. All video recordings collected for extraction of traffic data will be deleted 60 days after completion and submission of traffic data report to the City. A few samples of traffic video data and completed traffic studies may be retained with approval from City for the purpose of training and validating the algorithms. ATTACHMENT C 6. Access to information outside City. Video recordings for traffic data shall be used only by the Contractor and authorized vendors for extraction of traffic data purposes and completing traffic studies. Unauthorized entities will not have access to the information. Turning movement counts and /or bike and pedestrian data will be made available to the public. The publicly available data will never include video recordings. 7. Description of Compliance Procedures. The video recordings are not downloaded or made available to City staff but only to the vendor and authorized contractor. City would not handle any personal information and all authorized personnel are trained on the proper handling of personal information that addresses appropriate handling and transmission procedures. 1 Brettle, Jessica From:Rice, Danille Sent:Friday, April 2, 2021 4:07 PM To:Council, City; Council Agenda Email Cc:ORG - Clerk's Office; Executive Leadership Team Subject:Council Agenda Consent Questions for April 5, Item 4    Dear Mayor and Council Members:     On behalf of City Manager Ed Shikada, please find below the staff responses to inquiries  made by Council Member Tanaka in regard to the April 5, 2021 Council Meeting agenda.     Item 4: Approval of Surveillance Use Policy and Contract with Traffic Data Service, Inc.    1. How many hours of footage would the contract get the city?  Based on the schedule of fees, 4 hour Peak Period Turning Movement  Counts recorded through video‐based surveillance equipment would cost  $180.00 and 12 Hour School Pedestrian and Bicycle Classification Counts  recorded through video‐based surveillance equipment would also cost  $180.00. If the City were to collect only one kind of data over the next 4  years, 4,444 hours of footage for peak hour turning movement counts OR  13,333 hours of footage for School Pedestrian and Bicycle Classification  Counts would be collected.    It should be noted, however, as stated in the report that the deliverables  under this contract are counts, not video footage. In addition, as this is  an on‐call contract, depending upon the needs of the City the mix of  counts including mechanical speed and volume counts, manual turning  movement counts, manual school pedestrian and bicycle classification  counts, etc. will vary.    2. How long will it take to get enough footage to properly analyze the  trends?  The City collects turning movement counts on an annual basis at 21  intersections only throughout the City. Data comparison or establishing a  trend for these intersections can be done since there is a history of data  collected at the same intersections for previous years. At other locations,  data is collected only as project needs arise or to evaluate 311 service  and Traffic Calming requests. It is difficult to establish a trend at such  locations unless a baseline data exists.       3. Will someone else have to be hired to analyze the data and make a  plan, or is that handled by the company?     2 TDS works with Miovision Technologies for all video‐based surveillance  data collection and is included in the contract. Traffic data is then analyzed  by City staff and possibly consultants, depending on the study being conducted.     Thank you.    Danille Rice  Executive Assistant to the City Manager  (650) 329‐2105 | danille.rice@cityofpaloalto.org   www.cityofpaloalto.org                     City of Palo Alto (ID # 12127) City Council Staff Report Report Type: Consent Calendar Meeting Date: 4/5/2021 City of Palo Alto Page 1 Summary Title: Ordinance Adopting an Administrative Amendment to the 2019 California Fire Code Title: SECOND READING: Adoption of an Ordinance Adopting an Administrative Amendment to the 2019 California Fire Code, Palo Alto Municipal Code Section 15.04.075 (Definitions Added to Section 202)(FIRST READING: March 15, 2021 PASSED: 7 -0) From: City Manager Lead Department: City Clerk This was first brought to the City Council on March 15, 2021 where it passed without change, in a 7-0 vote. It is now before you for the second reading. Attachments: • Attachment A: Ordinance *NOT YET APPROVED* 1 0160043_20210203_ay16 Ordinance No. ___ An Ordinance Amending Section 15.04.075 of the Palo Alto Municipal Code to Adopt a Local Amendment to the Definition of False Alarm in the 2019 Edition of the California Fire Code The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Section 15.04.075 (Definitions added to Section 202) is amended to add a local amendment to the definition of “False Alarm” as follows: 15.04.075 Definitions added to Section 202 The following definitions are added to Section 202 of the California Fire Code to read as follows: [. . .] CORROSIVE LIQUID. Corrosive liquid is: 1) any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or 2) any liquid having a pH of 2 or less or 12.5 or more; or 3) any liquid classified as corrosive by the U.S. Department of Transportation; or 4) any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22. FALSE ALARM. The willful, knowing, or negligent initiation or transmission of a signal, message, or other notification of an event of fire when no such danger exists. MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum threshold quantity is the maximum quantity of a moderately toxic or toxic gas, which may be stored in a single vessel before a more stringent category of regulation is applied. The following equation shall be used to calculate the Max TQ: Max TQ (pounds) = LC50 (ppm) x 2 lb. SECTION 2. The Council adopts the findings for local amendments to the California Fire Code, 2019 Edition, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the California Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment. *NOT YET APPROVED* 2 0160043_20210203_ay16 SECTION 4. This Ordinance shall become effective on the commencement of the thirty-first day after the day of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services ____________________________ Director of Administrative Services 3 0160043_20210203_ay16 EXHIBIT A Findings for Local Amendments to the 2019 California Fire Code The local amendments to the 2019 California Fire Code make modifications as authorized by the California Health and Safety Code. In accordance with Section 18941.5 of said Code, Findings are hereby made to show that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions. PREAMBLE I. Findings of fact: A. Pursuant to Section 17958.5 of the California Health and Saf ety Code, the report contained herein is submitted as the “Findings of Fact” document with regard to the adoption of a local amendment to the California Fire Code, 2019 Edition. Under this adopting ordinance, a definition of “False Alarm” is established which is more restrictive in nature than that adopted by the State of California (State Building Code Standards, State Housing and Community Development Codes) commonly referred to as California Code of Regulations, Titles 19, 24 and 25. B. This amendment to the California Fire Code, 2019 Edition, has been recognized by the City of Palo Alto (“City”) as a tool for addressing the fire problems, concerns and future direction by which the authority can establish and maintain an environment which will afford a level of fire and life safety to all who live and work within the City’s boundaries. Specifically, the local amendment to the definition of “False Alarm” will limit delays in response time and reduce hazards to firefighters. These measures are necessary to prevent exacerbation of response delays associated with the Climatic, Geographical and Topographical conditions listed in Findings 1, 2 and 3 below. C. Under the provisions of Section 17958.5 of the Health and Safety Code, local amendments shall be based upon the following: climatic, geological/geographical, and topographical conditions. The findings of fact contained herein shall address each of these situations and shall present the local situation which, either singularly or in combination, caused the established amendments to be adopted. 1. Climactic Conditions: The City, on an average, experiences an annual rainfall of 16" - 18". This rainfall can be expected between October and April of each year. However, during the summer months there is little, if any, measurable precipitation. During this dry period the temperatures are usually between 70- 90 degrees with light to gusty westerly winds. These drying winds, combined with the natural vegetation which is dominant throughout the area, create a hazardous fuel condition which can cause, and has caused in the past, extensive grass and brush land fires. With more and more development encroaching into these wooded and grass covered areas, wind-driven fires could 4 0160043_20210203_ay16 have severe consequences, as has been demonstrated on several occasions in Palo Alto and other areas of the state. Fires in structures can easily spread to the wildland as well as a fire in the wildland into a structure. Because of the weather patterns, a normal rainfall cannot always be relied upon. This can result in water rationing and water allocation systems, as demonstrated by the drought years of 1986-1991. Water shortages can also be expected in the future due to the current water storage capacities and increased consumption. The water supply for the Palo Alto fire department makes use of automatic fire sprinkler systems feasible as a means to reduce our dependency on large volumes of water for fire suppression. 2. Geological & Geographical Conditions: Geographical Location. Palo Alto is located at the northern most part of Santa Clara County. Palo Alto is a major focus of the “Silicon Valley,” the center for an expanding and changing electronics industry, as well as pharmaceutical, biomedical, and genetic research. Seismic Location. Palo Alto is situated on alluvial solids between San Francisco Bay and the San Andreas Fault zone. The City’s location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the city sits between two active earthquake faults (San Andreas and the Hayward/Calaveras), and numerous potentially active faults. Approximately 55% of the City’s land surface is in the high-to-moderate seismic hazard zones. Seismic and Fire Hazards. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. The majority of the City’s high-rise structures are located in seismic risk zones. Should a significant seismic event occur, Public Safety resources would have to be prioritized to mitigate the greatest threat, and may not be available for every structural fire. In such event, individual structures, including high-rise buildings, should be equipped to help in mitigating the risk of damage. Other variables may tend to intensify the situation: a. The extent of damage to the water system; b. The extent of isolation due to bridge and/or freeway overpass collapse; c. The extent of roadway damage and/or amount of debris blocking the roadways; d. Climatical conditions (hot, dry weather with high winds); e. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; 5 0160043_20210203_ay16 f. The availability of timely mutual aid or military assistance; g. Many high-rise structures are located near areas of high fire danger necessitating special precautions. Transportation. Palo Alto is dissected by a major state highway (El Camino Real) and two major freeways (I-280 and U.S. 101), which potentially could negatively affect response times of fire suppression equipment. Soil Conditions. Palo Alto lies at the southern end of San Francisco Bay and is built atop the alluvial deposits that surround the margins of the Bay. The alluvium was created by the flooding of many streams emptying into the San Francisco Bay depression, and from intermittent sea water inundation that has occurred over the last 2 or 3 million years. The areas closest to the Bay are overlain by unconsolidated fine silty clay, known as Bay Mud which varies in thickness from a few feet to as much as 30 feet. Generally, the older more stable alluvium is to the south and the younger less stable material is to the north. Bedrock lies beneath the area at depths of generally 300' or more. 3. Topographical Conditions: The findings of fact for the topographical element, as would be expected, are closely associated with the geological/geographical element. With the elevation changes within the district, development is of course following the path of least resistance, creating a meandering pattern. This then does not lend itself to a good systematic street and road layout, which would promote easy traffic flow. It has, in fact, resulted in few major crosstown thoroughfares which tend to be heavily congested, primarily during commute hours and seasonal periods of the year. This creates barriers which reduce the response time of fire equipment and other emergency services. The topography of the district is being burdened by major structures. Employment areas are throughout the district. The people who work in these complexes have added to the traffic congestion throughout the city, thereby reducing the fire department’s response time capabilities. Inherent delays caused by the traffic patterns to many of these types of projects, make it necessary to mitigate this problem by requiring additional built-in automatic fire protection systems to provide early detection and initial control until the arrival of the fire department. The topography of the district in much of the commercial and residential zones lies within or near a flood plane. Periodically, heavy rains and high tides cause region-wide flooding which not only delays response but also increases demands on fire personnel. The fire code amendments increase safeguards and initialize early response to help compensate for these physical delays. As a result of the findings of facts which identify the various climatic, geological/geographical and topographical elements, those additional requirements as specified in the amendments to adopting ordinance for the California Fire Code 2013 Edition, by the City of Palo Alto area are 6 0160043_20210203_ay16 considered reasonable and necessary modifications. The experience of several disastrous fires within the city in addition to Santa Clara, Monterey, San Mateo, Alameda and Contra Costa counties have demonstrated the need for other fire protection features, the most significant of which was located in the Oakland/Berkeley Hills in which over 3,000 homes were destroyed and 25 human lives were lost. While it is clearly understood that the adoption of such regulations may not prevent the incidence of fire, the implementation of these various amendments to the Code may reduce the severity and potential of loss of life and property. City of Palo Alto (ID # 12030) City Council Staff Report Report Type: Action Items Meeting Date: 4/5/2021 City of Palo Alto Page 1 Summary Title: Housing Element Working Group Appoinments Title: Discussion and Selection of Members for an Advisory Housing Element Working Group to Assist With the Preparation of a new Housing Element From: City Manager Lead Department: Planning and Devel opment Services Recommendation: Staff recommends the City Council: 1. Appoint up to 15 members and two alternates to serve on the Housing Element Working Group, and 2. Direct staff to coordinate a joint City Council and Planning and Transportation Commission Housing Element Kick Off Meeting, tentatively scheduled for May 10, 2021. Executive Summary: The City is beginning its 2023-31 Housing Element update effort. On February 1, 2021, City Council directed staff to solicit applications from the public to establish a Housing Element Working Group (Working Group). The Working Group is intended to represent the diverse range of housing interests and needs in Palo Alto, including typically underrepresented groups. The City received 80 applications prior to the March 5, 2021 deadline. Staff requests Council select up to 15 members and two alternates to serve on the Working Group. Background: Public participation is a key component in the Housing Element update process. Recent changes in state law to affirmatively further fair housing (AFFH) requires greater emphasis in public participation from underrepresented populations. More information on AFFH and other state Housing Element requirements was provided to the Council on February 1, 2021: https://www.cityofpaloalto.org/civicax/filebank/documents/79815 . City of Palo Alto Page 2 To encourage public participation and achieve the objectives of the AFFH, staff recommends establishing an advisory Working Group to help advise the City with the Housing Element. It is anticipated the group would provide recommendations to the Council on a variety of housing - related programs and policies and serve as a forum for community engagement. The meetings would be subject to the Brown Act, California’s Open Meeting Law, and schedule regular, noticed, and agendized public meetings. The Working Group is expected to meet monthly, starting in May and extending through October 2022. Ideally, the Working Group would represent a diversity of interests and expertise; these would include homeowners and renters, persons of color, seniors and younger adults, affordable and market housing developers, persons with special needs/disabilities, and stakeholders with a range of ages, backgrounds, and housing needs. The Council also directed that the Working Group include possible representation from the Stanford Research Park, the Palo Alto Unified School District, the district’s parent teacher association (PTA), and the environmental community. On February 10, 2021, staff issued a request for applications for interested parties who wished to be considered for appointment. Staff performed extensive outreach to gather as many applications from as diverse a population as possible. The English, Sp anish, and Chinese online applications were posted on the project website www.cityofpaloalto.org/heupdate. Outreach efforts included a Citywide social media blast, email announcements sent to over 100 organizations and individual persons, Commission representatives, Council referrals, focused outreach to specific groups, and electronic and paper display ads in local papers. The applications were due to the City by 5 pm on March 5, 2021. This report transmits the list of applicants seeking appointment to the Working Group. It is recommended that the City Council appoint up to 15 members and two alternates. The alternates would attend meetings and could participate in public comment portions of meetings but would not participate in the Working Group discussions. All Working Group members and alternates would serve at the pleasure of the City Council. Discussion: On February 1, 2021, the City Council reviewed a staff proposal for the makeup of the Workin g Group as follows (appointees can meet multiple criteria): • Affordable Housing Developer (1) • Affordable housing resident (1) • Interest/Stakeholder Groups (2) • Market Rate Developer (1) • Neighborhood Associations/Groups (1) • Renter (2) • Special Needs (3) • Stanford University (1) • Unhoused or formerly unhoused (1) • Underrepresented populations (2) City of Palo Alto Page 3 The formation of the Working Group is a key step in the Housing Element update process. The Working Group will be deeply involved in the initial selection of potential housing sites and formulation of housing policy and programs. The Working Group’s work will be reviewed by City staff, Planning and Transportation Commission (PTC), City Council Housing Element Subcommittee and the City Council. Applications for Council Consideration The City received 80 total applications, 78 in English, 1 in Spanish and 1 in Chinese, from people interested in serving on the Working Group. One applicant submitted two applications. Two applications were received after the application deadline and are not included in this list. The applications include a diverse range of backgrounds and experiences, such as renters, seniors, single parents and persons of color. Applicant Selection Applicants self-identified the interest group or demographic categories that they believe they represent. Staff did not fact check or follow up with any of the applicants to validate the accuracy of any responses. Based on the information submitted, staff organized the applicants into four tables as shown in Attachment A. The first two tables represent individuals with specific expertise or representation requested by Council. The next two tables are additional applicants that self-selected four or more stakeholder categories (Table 3) and three or fewer categories (Table 4). It is anticipated the City Council would appoint individuals from each table to form a diverse Working Group. All individual applications are available online for viewing; personal contact information and addresses have been redacted: www.cityofpaloalto.org/heupdate. The City Council in its deliberation to appoint members ma y also want to consider an applicant’s ability to meet Working Group responsibilities as well as individual responsibilities to ensure meetings are productive and focused on collaboration and outcomes. Some responsibilities are provided below, and staff will continue to refine this list. Council is encouraged to provide additional input on these items as appropriate Group Responsibilities The Working Group will help shepherd the Housing Element update through the planning process and will take on the following roles: 1. Review and respond to baseline data, analysis, recommendations, and presentations by staff, consultants, and the public; 2. Develop housing site and policy options consistent with State requirements and Council established goals and objectives to accommodate the City’s anticipated RHNA of 6,086 housing units; 3. Discuss and develop housing goals, policies and programs for the update; City of Palo Alto Page 4 4. Consider fair housing and social equity factors in the preparation of the update; 5. Address any PTC and/or Housing Element Subcommittee comments and direction; 6. Balance and address key issues and trade-offs; and 7. Serve as a community resource to provide update information and receive input from the community (i.e., workshops, online engagement, providing updates). Group Member Responsibilities The following points are offered as examples of responsibilities or behavior expected of the Working Group with a commitment to constructive dialogue, mutual respect and a commitment to collaboration: a. Offer respect and civility to different viewpoints and attention when others speak. b. Share the responsibility of ensuring the success of the process and the quality of recommendations. c. Make our best good faith effort to work towards reaching an agreement. d. Represent the perspectives, concerns, and interests of agencies or constituencies whenever possible to ensure that agreements and recommendations developed by the group are acceptable to the organizations, agencies, or constituents being represented. e. Ask questions of each other for clarification and mutual understanding. f. Verify assumptions when necessary and avoid characterizing the motives of others. g. Acknowledge and try to understand others’ perspectives. h. Stay focused on the task at hand and share airtime with others. i. Refrain from distracting others through side conversations; silence all cell phones during meetings. j. Concentrate on the content of discussions and allow the Chair or the Facilitator to focus on how to promote productive discussion. Joint PTC / Council Kick Off Meeting Staff requests Council support to schedule a joint PTC/Council meeting to kick off the Housing Element process. On May 10, 2021, staff would cover the fundamentals of the Housing Element, a more detailed presentation of recent Housing Element legislation and the timeline for the update process. Council’s endorsement on the roles and responsibilities of the Council Ad Hoc, the Working Group, PTC, staff and consultant roles will be requested, in addition to approval of the overall approach and timeline. Addition of PTC to Housing Element Ad Hoc At the February 1 meeting, the Council also approved a Housing Element Ad Hoc comprising of three Council Members (DuBois, Filseth, Greer). The ad hoc would be responsible for reviewing the Working Group work product and provide direction and input. City of Palo Alto Page 5 The City Council may want to also consider expanding this ad hoc to include two, Council - appointed, Planning and Transportation Commissioners forming, in essence, a joint Council and PTC Ad Hoc committee. This approach may make the Housing Element update process more efficient and facilitate better communication with the PTC. Timeline: The Working Group meetings are scheduled to start in May along with a citywide community kick-off meeting to introduce the Housing Element update process. Council action is important at this time so staff can organize the new members and get the Housing Element update work underway on schedule. The Working Group is expected to meet monthly through October 2022. Stakeholder Engagement: Outreach was conducted to encourage as many persons/organizations to apply to serve on the Working Group, including the follow effort: • City Social Media blast • Email Distribution to: o Neighborhood Associations o Service Providers o Housing Developers o Ethnic Groups o Past and Present Commission members o Representatives of Different demographic groups o Housing Groups o Faith Organizations • Presentations o Commissions (ARB, PTC, HRC) o Housing Webinar • Website o Online applications in English, Spanish and Chinese • Targeted Outreach o Personal contact with underrepresented populations o Palo Alto Unified School District o Stanford University o Stanford Research Park o Downtown Streets and LifeMoves o Representatives of the African- American, Spanish-speaking and Chinese communities. • Newspaper Display Ads (Electronic and Physical) o Palo Alto Online o Daily Post Environmental Review: The actions recommended in this report are exempt from review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15061(b)(3) and Section 15262 (Feasibility and Planning Studies). The actions would initiate a planning process and are not determinative of any specific outcome. The Housing Element update that City of Palo Alto Page 6 will result from this effort will be subject to CEQA review. Staff anticipat es the preparation of a Supplemental Environmental Impact Report based on the certified Comprehensive Plan Environmental Impact Report (EIR), additional site- and neighborhood specific analysis may be required. Attachments: Attachment A: Application Matrix (PDF) Notes: ATTACHMENT A: MATRIX OF HOUSING ELEMENT WORKING GROUP APPLICANTS Please note that these are self selected by the applicants Areas shaded are categories used for the evaluation criteria TABLE 1: Housing Developers and Academic Stakeholders Firs t N a m e Las t N a m e Ap p l i c a b l e O r g a n i z a t i o n Pal o A l t o N e i g h b h o r h o o d 18- 2 5 ( a g e ) 26- 4 0 41- 5 5 ( a g e ) 56- 7 0 ( a g e ) 70+ ( a g e ) Pal o A l t o R e s i d e n t Aff o r d a b l e H o u s i n g Res i d e n t De v e l o p e r Env i r o n m e n t a l Ne i g h b o r h o o d Ass o c i a t i o n Per s o n o f C o l o r Par e n t s / P T A Ren t e r Sen i o r Ser v i c e P r o v i d e r ( 6 2 + ) Sin g l e p a r e n t Spe c i a l N e e d s Sta k e h o l d e r Un d e r r e p r e s e n t e d Un h o u s e d / F o r m e r l y Un h o u s e d / U n h o u s e d Com m u n i t y You n g a d u l t s ( 1 8 - 2 5 ) Oth e r APPLICATION NOTES John Hickey SummerHill Housing Group NA_S_PALOALTO*x x x x Market Rate Housing Developer PAUSD Sheryl Klein Alta Housing CRESCENT PARK x x x Affordable Housing Developer. Also previously with PAF/PTA Council Jean Snider Stanford NA x x x Assoc. Vice President, Real Estate (SRP) Jessica von Borck Stanford NA x x Director of Land Use/Stanford University To Be Determined TABLE 2: Community Stakeholder Typically Underrepresented in Housing Policy Planning Firs t N a m e Las t N a m e Ap p l i c a b l e O r g a n i z a t i o n Pal o A l t o N e i g h b h o r h o o d 18- 2 5 ( a g e ) 26- 4 0 41- 5 5 ( a g e ) 56- 7 0 ( a g e ) 70+ ( a g e ) Pal o A l t o R e s i d e n t Aff o r d a b l e H o u s i n g Res i d e n t De v e l o p e r Env i r o n m e n t a l Ne i g h b o r h o o d Ass o c i a t i o n Per s o n o f C o l o r Par e n t s / P T A Ren t e r Ser v i c e P r o v i d e r ( 6 2 + ) Ser v i c e P r o v i d e r Sin g l e p a r e n t Spe c i a l N e e d s Sta k e h o l d e r Un d e r r e p r e s e n t e d Un h o u s e d / F o r m e r l y Un h o u s e d / U n h o u s e d Com m u n i t y You n g a d u l t s ( 1 8 - 2 5 ) Oth e r APPLICATION NOTES Mary Gallagher NA NA x x x x x x With AARP. Works as a property manager. Rahsan Hosgur Karahan NA UNIVERSITY SOUTH x x x x x Alta Housing resident. Architect in Turkey Antonia Mendoza San Andreas Regional Center MIDTOWN x X x x x x Service provider (Persons with Developmental Disabilities). Khamille Sandifer NA CRESCENT PARK x x x x x x x Born and raised in PA. Donald Barr Avenidas UNIVERSITY SOUTH x x x x Service provider (Seniors). Founder of Community Working Group Stephen Schmidt NA DUVENECK ST FRANCIS x x x x x PAUSD Board Policy Review Committee. Parent of Special Needs child Jessenia Solorio NA EVERGREEN x x x x x x x Parent of child with special needs Sarah Verity AbilityPath NA x x x x x x Special needs and developmental disabilities support services/developing housing in Burlingame Dina Bartello WeHope UNIVERSITY SOUTH x x x x x x x WeHope (homeless provider) Development Director Gregg Johnson NA NA x x x x x Formerly unsheltered individual. Referred from LifeMoves Chuck Jagoda NA NA x x x x x x x x Housing and homeless activist Alexis Crews-Holloway Downtown Streets NA x x x x x Unhoused community advocate. Case Manager with DTS. Participant of Palo Alto Homeless Services Committee Kevin Ma NA VENTURA x x x x x x x With League of Women Voters PA and Sierra Club YOUNG ADULT STAKEHOLDERS UNHOUSED COMMUNITY STAKEHOLDERS SENIOR SERVICE PROVIDER STAKEHOLDERS AFFORDABLE HOUSING RESIDENT STAKEHOLDERS SPECIAL NEEDS STAKEHOLDERS TABLE 3: Community Stakeholders with 4 or more self-selected categories Firs t N a m e Las t N a m e Ap p l i c a b l e O r g a n i z a t i o n Pal o A l t o N e i g h b h o r h o o d 18- 2 5 ( a g e ) 26- 4 0 41- 5 5 ( a g e ) 56- 7 0 ( a g e ) 70+ ( a g e ) Pal o A l t o R e s i d e n t Aff o r d a b l e H o u s i n g Res i d e n t De v e l o p e r Env i r o n m e n t a l Ne i g h b o r h o o d Ass o c i a t i o n Per s o n o f C o l o r Par e n t s / P T A Ren t e r Ser v i c e P r o v i d e r ( 6 2 + ) Ser v i c e P r o v i d e r Sin g l e p a r e n t Spe c i a l N e e d s Sta k e h o l d e r Un d e r r e p r e s e n t e d Un h o u s e d / F o r m e r l y Un h o u s e d / U n h o u s e d Com m u n i t y You n g a d u l t s ( 1 8 - 2 5 ) Oth e r APPLICATION NOTES Rebecca Eisenberg NA OLD PALO ALTO x x x x x x x x x x Attorney. Pro bono work with underserved community clients, protected classes Angela Evans Palo Alto Renters Association CRESCENT PARK x x x x x x Consultant with Palo Alto Renters Association. Also with Palo Alto Forward. Ella Herbert NA MIDTOWN x x x x x x x Volunteer in social services, food services and food delivery David Hirsch Architectural Review Board CRESCENT PARK x x x x x x x Architect. Assisted in Cubberley design direction. Jeffrey Hook NA EVERGREEN x x x x x x With CA Native Plant Society and Palo Alto Neighborhoods Steven Lee Midtown Neighborhood Association MIDTOWN x x x x x x Former Human Relations Commission member. Member of Midtown Residents Steering Committee. Jennifer Liu NA PALO VERDE x x x x x x x x Realtor. Active with Chinese community. Jing Liu NA CRESCENT PARK x x x x x x Real estate appraiser/Realtor Joy Oche NA MIDTOWN x x x x x x Environmental consultant Iqbal Serang NA NA x x x x x x x REPEAT Applicant/Architect TABLE 4: Community Stakeholders with 3 or fewer self-selected categories Firs t N a m e Las t N a m e Ap p l i c a b l e Org a n i z a t i o n Pal o A l t o Ne i g h b h o r h o o d 18- 2 5 ( a g e ) 26- 4 0 ( a g e ) 41- 5 5 ( a g e ) 56- 7 0 ( a g e ) 70+ ( a g e ) Pal o A l t o R e s i d e n t Aff o r d a b l e H o u s i n g Res i d e n t De v e l o p e r Env i r o n m e n t a l Ne i g h b o r h o o d Ass o c i a t i o n Per s o n o f C o l o r Par e n t s / P T A Ren t e r Ser v i c e P r o v i d e r ( 6 2 + ) Ser v i c e P r o v i d e r Sin g l e p a r e n t Spe c i a l N e e d s Sta k e h o l d e r Un d e r r e p r e s e n t e d Un h o u s e d / F o r m e r l y Un h o u s e d / U n h o u s e d Com m u n i t y You n g a d u l t s ( 1 8 - 2 5 ) Oth e r APPLICATION NOTES Anupa Bajwa NA VENTURA x x x x Involved with PAUSD Parcel Tax Oversight Committee/LCAP, Gunn Foundation Peter Baltay Architectural Review Board UNIVERSITY SOUTH x x x x Architect and member of AIA David Bergen NA LELAND MANOR x x x Active with Congregation and Housing Impact Team. With the Manzanita Coalition Jared Bernstein NA UNIVERSITY SOUTH x x x x Interested in land use Anya Bida NA MIDTOWN x x x School volunteer. Telisha Brent NA NA x x x Recreation Coordinator. Wants to ensure persons of color are represented Justine Burt NA CRESCENT PARK x x x x Environmental Consultant Attorney Helen Carnes PAUSD NA x x x PAUSD teacher. Lived in PA but had to move. Theresa Chen NA OLD PALO ALTO x x x Former HRC member Sheena Chin NA PALO VERDE x x x Media/Former Library Commissioner Robert Chun NA NA x x x Led public service group. Stanford JD candidate Carla Eckhardt NA BARRON PARK x x x x Worked with vulnerable populations. Past president of women's shelter in DC. Healthcare background. Latina. Single Parent. Aishetu Fatima Dozie NA DOWNTOWN NORTH x x x x x Investment banker. Black female. Lexie Felix NA MIDTOWN x x x x Environmental volunteer. Community engagement experience with AmeriCorps and Peace Corps Kirsten Flynn NA VENTURA x x x x Small business owner. Member of NVCAP Working Group. Past Barron Park PTA & Ventura Neighborhood Assoc. Mike Forster NA EVERGREEN x x x Amateur observer of housing, urban housing and community development. Przemek Gardias NA COMMUNITY CENTER x x x Hi tech. Former PTC member. Architect Pria Graves College Terrace Residents Association COLLEGE TERRACE x x x x x With the College Terrace Resident Assoc., Sierra Club and Nature Conservancy Melanie Grondel College Terrace Residents Association COLLEGE TERRACE x x x x x With College Terrace Residents Assoc., Native Plant Society and Cool City Ella Herbert SUH MIDTOWN x x x x x x x Volunteer in social services, food services and food delivery Hamilton Hitchings NA DUVENECK ST FRANCIS x x x x With PAUSD PTAC, Duveneck St. Francis Neighborhood Association and Comp Plan Advisory Committee Samuel Jackson NA MAYFIELD x x x x Extensive exposure to transportation and land use through work Kathryn Jordan NA DUVENECK ST FRANCIS x x x Member of PTA. HOA President Alice Kamens NA DOWNTOWN NORTH x x x Engaged member of Downtown North. Studied Urban Studies. Sylvia Kazinja NA NA x x x x Stanford Children's Hospital Robert Keller NA DUVENECK ST FRANCIS x x x x Sierra Club Arthur Keller Adobe Meadows Neighbhorhood Association ADOBE MEADOWS x x x x x With Adobe Meadows Neighborhood Association. Former PTC member. Chris LaBonte NA UNIVERSITY SOUTH x x x x Single Parent Ed Lauing Planning and Transportation Commission UNIVERSITY SOUTH x x x Experience with LifeMoves Steven Lee MIDTOWN x x x x x x With Midtown Neighborhood Association. Former HRC member.Active in Chinese community and Palo Alto Chinese Parents Club Stephen Levy Center for the Continuing Study of the California Economy UNIVERSITY SOUTH x x x x Board member of Palo Alto Forward Arthur Liberman Barron Park Neighborhood Assocation BARRON PARK x x x x x Past member of PABAC and past president of Barron Park Neigh. Assoc. Raven Malone NA DUVENECK ST FRANCIS x x x x Housing advocate. With Palo Alto Forward and League of Women Voters Pat Markevitch Palo Alto Neighborhoods DOWNTOWN NORTH x x x Extensive City/PTA participation Daniel Mendez NA NA_S_PALOALTO*x x x x x PAUSD teacher and Union representative Rob Nielsen NA MIDTOWN x x x With Palo Alto Forward, Friends of Caltrain, Seamless, Peninsula for Everyone. Is a landlord. Ruth Paima NA UNIVERSITY SOUTH x x x x Wants to learn and get involved in her community Aaron Pavitt NA VENTURA x x x x Architect - Heather Young. NVCAP participation Marina Pereverzeva NA BARRON PARK x x x Person w Mental disability. Volunteers with 2nd Harvest Kim Rasay NA NA x x x x City employee (Utilities). Lisa Ratner NA FAIRMEADOW x x x With League of Women Voters Housing and Transportation Committee and Alta Housing Board member Keith Reckdahl Parks and Recreation Commission CHARLESTON MEADOWS x x x Parks and Recreation Commissioner. Part of NVCAP Working Group and XCAP Jessica Resmini ADU collective DUVENECK ST FRANCIS x x x x Architect/ADU task force Rob Schreiber Green Meadow Community Assoc.GREENMEADOW x x x x Green Meadow Community Assoc. Heidi Schwenk NA LELAND MANOR x x x x Neighborhood Organization for Leland Manor and league of Women Voters Iqbal Serang NA NA x x x Architect. Recently involved with PA neighborhood community. Submitted Two Applications. Nisar Shaikh NA UNIVERSITY SOUTH x x x x x Background in solar technologies. Cara Silver Midtown Neighborhood Association MIDTOWN x x x x Former City Attorney with land use experience. Adam Tachner NA NA_SRP*x x x JCC Board of Directors/Part of school PTA Randolph Tsien NA PALO VERDE x x x x x Emergency Services Volunteer and Neighborhood Preparedness Coordinator Mele Tupou NA MIDTOWN x x x x CAC Palo Alto Jacquelyn Wandler NA OLD PALO ALTO x x x Real Estate Professional/CPA Brigham Wilson NA UNIVERSITY SOUTH x x x x Library Advisory Committee/Brother with Down's syndrome * Denotes no associated Neighbhorhood Association but Palo Alto address 1 of 1 TO: HONORABLE CITY COUNCIL FROM: JONATHAN LAIT, DIRECTOR DATE: APRIL 5, 2021 SUBJECT: AGENDA ITEM NO. 6 – Discussion and Selection of Members for an Advisory Housing Element Working Group to Assist With the Preparation of a new Housing Element Staff was contacted by some applicants following the release of the subject report requesting clarifications to their respective applications. The updated information is provided below: Applicant Update Donald Barr Updated that he will join the Avenidas Board of Directors in July 2021. Rebecca Eisenberg This applicant also checked the Special Needs category, which was inadvertently left unchecked in the matrix. With this addition, this applicant will also be placed in Table 2 under the special needs subheading in the report matrix (Attachment A). Angie Evans Clarified that she is a paid consultant for Palo Alto Forward but she is a volunteer with Palo Alto Renters Association. Mele Tou This applicant wanted to identify with the following additional categories: Affordable Housing Resident, Parents/PTA, Service Provider, and Underrepresented to her application. With this addition, Mele would move to Table 2 under the affordable housing resident stakeholder subheading in the report matrix (Attachment A) Please note that the Palo Alto Unified School Board has stated it will participate in the Working Group but has yet to designate a Board member. They will designate a member at its April Board meeting. _______________________ _________________________ Jonathan Lait Ed Shikada Director of Planning & Development Services City Manager 6 DocuSign Envelope ID: 713FAAAC-90AB-4ED0-BAB9-BBD126E53A2E Certificate Of Completion Envelope Id: 713FAAAC90AB4ED0BAB9BBD126E53A2E Status: Completed Subject: Please DocuSign: 04 05 21 Item 6 At Places Memo Council.pdf Source Envelope: Document Pages: 1 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Madina Klicheva AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Madina.Klicheva@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 4/5/2021 9:27:23 AM Holder: Madina Klicheva Madina.Klicheva@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 99.88.42.180 Sent: 4/5/2021 9:29:01 AM Resent: 4/5/2021 12:10:58 PM Resent: 4/5/2021 12:13:11 PM Viewed: 4/5/2021 12:11:36 PM Signed: 4/5/2021 12:13:40 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 4/5/2021 12:13:41 PM Viewed: 4/5/2021 12:25:09 PM Signed: 4/5/2021 12:25:15 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/5/2021 9:29:01 AM Envelope Summary Events Status Timestamps Certified Delivered Security Checked 4/5/2021 12:25:09 PM Signing Complete Security Checked 4/5/2021 12:25:15 PM Completed Security Checked 4/5/2021 12:25:15 PM Payment Events Status Timestamps City of Palo Alto (ID # 12019) City Council Staff Report Report Type: Informational Report Meeting Date: 4/5/2021 City of Palo Alto Page 1 Summary Title: Surplus Property Donated to Nonprofit Organizations Title: Report on Surplus Property Donated to Nonprofit Organizations From: City Manager Lead Department: Administrative Services Recommendation This is an informational report and no Council action is required. Discussion Section 2.31.010 of the Palo Alto Municipal Code allow s for the donation of unusable or obsolete City property and equipment to nonprofit or other organizations and to provide a report on such donations, as follows: (b) Property with No Commercial Value. The city manager may authorize the abandonment, destruction or donation to public bodies, charitable, civic or nonprofit organizations, of city property which has no commercial value or of which the estimated cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale. Such determination shall be made in writing and countersigned by the director of administrative services. (c) Donations to Nonprofit Support Organizations. Notwithstanding any other provisions of this chapter, the city manager may adopt policies and procedures authorizing the donation of surplus property that is no longer suitable for use by the city to nonprofit organizations that are formed for the purpose of supporting city programs. The city's donation of surplus property shall be contingent on a written agreement that any profits from the sale of such items shall be used for the purchase of equipment, books or capital expenses related to the program support ed by the nonprofit organization. (d) Annual Report to Council. The city manager shall identify all property donated to nonprofit agencies pursuant to subsection (b) or (c) above. In January of each year, the city manager shall provide a report to the city council that includes an inventory of the City of Palo Alto Page 2 items donated by the city and all contributions made to the city from nonprofit organizations that have received surplus city property. There were no donations from the City of Palo Alto for calendar year 20 20. Resource Impact No other resource impacts are identified with this report. Stakeholder Engagement The Administrative Services Department collaborated with City departments to prepare the donation information contained in this report. City of Palo Alto (ID # 12145) City Council Staff Report Report Type: Informational Report Meeting Date: 4/5/2021 City of Palo Alto Page 1 Summary Title: HRC Letter to Council on Hate Incidents in Palo Alto Title: Human Relations Commission Letter to the Council on the Current Pattern of Incidents of Hate in Palo Alto From: City Manager Lead Department: Community Services Recommendation This transmits a letter on “Response to the current pattern of incidents of hate in Palo Alto” (Attachment A) from the Human Relations Commission (HRC) that was read to City Council on March 22, 2021. The letter was approved by the HRC on March 17, 2021 after a thorough discussion of its contents on January 14, 2021. It is part of the HRC’s continued work on Diversity and Inclusion in the community. City Council action is not required. Attachments: • Attachment A -HRC letter to Council on Hate Incidents In Palo Alto-final ATTACHMENT A March 17, 2021 City Council City of Palo Alto 250 Hamilton Palo Alto, CA 94301 Dear Mayor DuBois and Council Members, One of the Human Relations Commission's leading roles is listening to community concerns —and then taking action. Over the past many months, the people of Palo Alto have brought to our attention several hate-based crimes, which have targeted churches, minorities, and those supporting the Black Lives Matter movement. This year, our communities experienced: ● the desecration and vandalization of the University African Methodist Episcopal Church, the oldest black church in Palo Alto ● the unauthorized removal of First Congregational Church of Palo Alto’s Black Lives Matter sign ● the posting of a “Wuhan Virus” sign in front of a popular coffee shop (Image 2) ● the posting of derogatory signs at three school properties this spring, referring to COVID-19 as the “Chinese Virus.” ● the verbal assault of a Palo Alto Council Member because of his Asian ethnicity ● the defacement of a campaign poster of the only Black candidate for council with a White Lives Matter Sign (Image 1) ● the distribution of “White Matters” letters at private homes (Image 3) ● the defacement of a student art Black Lives Matter project by an assailant wearing MAGA paraphernalia ● the vandalism and removal of at least ten BLM signs (see attached sheet) These incidents in 2020, along with other incidents in recent years— including the unauthorized leaving of anti-LGBTQ materials at the library and antisemitic materials at Gunn High School—shows a disturbing trend. Since the initial drafting of this letter, there has been a rash of hate-based crimes in the Bay Area, and it is especially concerning that many are violent attacks of elderly Asian American community members1. As a community, we need to address this problem at the root. We can no longer excuse these events as “one-off incidents” or pranks where “kids are just being kids.” We see a repeated pattern of hate, and it is time for us to stand and actively address these issues. In Washington in early January, lawmakers, grandmothers, CEO's, and others stormed the Capitol. Several people from our area attended this insurrection and participated in violent activity. We need our city council to denounce all hate-based incidents and hate-based crimes when they happen. We need our city to arrest and prosecute all individuals involved in hate-based crimes to the maximum extent of the law. We ask the council to direct staff to create programs that educate citizens and law enforcement on hate-based crimes in our city. There are myriad resources provided by the California Attorney General, with downloadable brochures in multiple languages that may serve our local community in an effective and expedient manner.2 In addition, Palo Alto Police Department already has Policy 338: Hate Crimes in the PAPD Policy Manual.3 There are also local models to consider and learn from, on February 26th, 2021 the first ever Hate Crimes Task Force was established in Santa Clara County4,5. This task force is co-chaired by San Jose’s Councilmember Maya Esparza and Santa Clara County Supervisor Cindy Chavez. The Hate Crimes Task Force is tracking and distinguishing between hate crimes and hate based incidents, as both are considered to be equally damaging. It is a task force made up of law enforcement, community members, and city government. There have also been grassroots efforts to establish “community strollers” in Oakland, where volunteers can help the Asian community be accompanied for grocery shopping, or other tasks that they might have previously done alone, leaving them vulnerable to attack6. Prior to seeing what was going on locally, and to what extent hate crimes and hate based incidents are on the rise in the Bay Area, during our January 14th meeting, the HRC collectively stated their desire to explore: 1. Establishing a hate-based crime unit in within Palo Alto; 2. Participating in a potential county task force to investigate hate-based crimes perhaps in collaboration with Mountain View and/or Los Altos; 3. Establishing school and community-based prevention programs; 4. Acknowledge the importance of data and collect data across individual instances; 5. Establishing a hate-based crime hotline 6. Understanding law enforcement training on hate-based crimes. In this critical time, we need the City Council as the highest elected officials in our city to lead and emphatically denounce the surge of hate in our community. The rise of hate-based incidents and hate- based crimes shows us that our community image may not be in line with the reality of our community. Our goal is for all members of our community to feel safe and like they belong. Let us not wait for more hate and be reactive, rather let us heed the warnings signs and rally our community members to stop this. Human Relations Commission Rev. Kaloma A. Smith, Chair 1. https://www.npr.org/2021/02/12/966940217/anger-and-fear-as-asian-american-seniors- targeted-in-bay-area-attacks 2. https://oag.ca.gov/hatecrimes 3. http://auditor.ca.gov/reports/2017-131/documents/palo_alto_police_department- Hate%20Crime%20Policy.pdf 4. https://patch.com/california/campbell/new-hate-task-force-santa-clara-county-launches- incidents-rise-across-country 5. https://abc7news.com/santa-clara-county-hate-crimes-task-force-crime-san-jose/10381943/ 6. https://docs.google.com/forms/d/12Re9XS3_MlazkZ6DvhAhhtJ3zjJBUiYshK- HqAAecpM/viewform?ts=60222a9d&gxids=7628&edit_requested=true Image 1: The defacement of a campaign poster of the only Black candidate for council with a White Lives Matter Sign 32 9 Image 2: the posting of a “Wuhan Virus” sign in front of a popular coffee shop Image 3: the distribution of “White Matters” letters at private homes BLM Lawn Signs Jessica Clark Steven a few weeks back our BLM sign was trashed in the bushes 2x in one week, I didn’t notify police. This problem is more prevalent than documented I believe. Xiaowei Shi our BLM sign was removed from our lawn as well! Mary Jo Ricci Mine and at least one other flyer on our street 7/22. Reported. Alison Wauk My BLM sign disappeared a week or two ago. James Gaddy This is the letter I got in response to my BLM sign in Palo Alto. Terry Roberts I had a BLM sign stolen from my yard in PA a few weeks ago. Hopefully another one is arriving soon. If this one disappears, too, I'll start making my own from cardboard. Can't let the vandals win. Namita Gupta My Black lives matter yard sign was posted over with a white lives matter poster -- which, ironically, said 'be proud of your race' (I'm a POC). Another paper with rants (which also made many presumptions about my race, gender, affiliations etc..) was stuck to the sidewalk. (I dont want to share pictures here to reduce publicity) Regina Emore A friendly and vigilant neighbor who had this happen to his sign, and others in the neighborhood pointed this out to me. Clearly not an isolated incident. Have you had this happen to you, and do you have suggestions on what we can do as a community? Maybe put up more BLM signs to keep our friend busy (and hopefully someone with an outdoor camera may spot them in the act)? Also given some of the language and logical inconsistencies in the poster - they may need mental health support? I'm not concerned about safety (though they did need to come onto my property to do this) - Palo Alto remains a very safe and inclusive place. Maybe we can think of ways to demonstrate what a safe and inclusive community we are, to our hot and run poster? Best wishes Regina Emore Smita Kolhatkar Our signs and our neighbor’s are within our property. Someone left a white lives matter flyer with tape near one of our signs and a neighbor's. One kind soul in the neighborhood, took pictures of the white lives matter signs on his and our properties in the neighborhood and reported the incident to the police, then removed those flyers. The flyers haven't appeared since. The flyers were placed on our respective properties and that is not done. In 20+ years of living in Palo Alto, I have not seen this and it is sad. I would suggest whoever had this happen, if the person's signs were placed on your property, please take a picture and report it. Robin Blair They got a house in Greenmeadow last night. On Shasta. I saw the glued sign but I was driving and didn’t see anything else. Rebecca Olson White (on a FB group) Our two posters were stolen a week apart. City of Palo Alto (ID # 12161) City Council Staff Report Report Type: Informational Report Meeting Date: 4/5/2021 City of Palo Alto Page 1 Summary Title: Workplace Activation Plan Title: COVID -19 Workplace Activation Plan From: City Manager Lead Department: Human Resources On January 25, 2021, Council provided direction to staff to submit a “comprehensive and dynamic work safety plan” to document the city’s workplace response to COVID-19. In response to this direction, the City Manager is submitting the attached “COVID-19 Workplace Activation Plan,” noted as Attachment A. The Workplace Activation Plan is a living document that will be updated as health conditions and best practices evolve. Further, the plan will continue to change as the City manages the uncertainties of the pandemic and including balancing operational approaches with safety restrictions and fiscal constraints. BACKGROUND The Workplace Activation Plan will be used as a guide for planning purposes and provides a review of the safety and logistics that must be considered prior to reopening or expanding services through the end of the pandemic. Throughout the pandemic, City leadership have continued to monitor the COVID-19 situation daily, engaging with medical experts and advisors, and regularly reviewing communications from health authorities. Since the pandemic began, City operations have evolved in several ways including examples like: • Instilled mask-wearing as a standard work practice. • Changed the way we work to maintain distancing whenever possible. • Stopped sharing vehicles when practical. • Initiated health screenings at the start of each shift. • Assigned 40% of the workforce to work remote. • Put employees on rotations. • Suspended travel. • Upgraded 31 city facilities to MERV-13 filters. • Closed breakrooms. • Installed plexishield barriers. • Held thousands of staff and project meetings virtually. • Increased cleanings and sanitation. City of Palo Alto Page 2 • Installed 8 HEPA filtration units. • Moved desks, reconfigured workspaces. • Mailed a 3-ply mask to every City employee’s home. • Put COVID signage --- everywhere. • Increased mindfulness sessions and wellness training. • Conducted contact tracing for 50 employees. • Provided release time for COVID testing and vaccines. • Vaccinated 600 employees in a matter of weeks. • Hired a workplace safety expert to review our plans and conduct audits. Safety continues to be principle priority for the City. Notably, the City has experienced a COVID-positive rate of less than 1% from work-related exposures. Incredibly, this safety record includes emergency first responders in environments with high risk of exposure. A safety record such as this requires organizational discipline, diligence and exceptional attention to safe work practices. Since the beginning of the pandemic, we’ve seen a resilient workforce that continues to place health and safety at the forefront of all we do as we provide services to the community. Employees have demonstrated continued integrity, accountability and work ethic navigating this pandemic together. Through careful planning and vigilance through the next tiers and post-pandemic, the City will continue placing our highest value on the health and safety of our employees and community. For further background and insight on some of the City’s safety approaches are noted below: • SC County Health Worksite-Specific Safety Plans: It is important to understand that employers in Santa Clara County are required to submit site-specific worksite plans to the County Public Health Department. A point of contact for each worksite is responsible to ensure the site- specific plans are followed. The plans specify ongoing requirements for training, signage, sanitation, capacity, distancing, and how to handle exposures. • OSHA Emergency Regulations: Toward the end of 2020, CalOSHA adopted 21 pages of Emergency Regulations for addressing COVID safety in the workplace. The emergency regulations required employers/agencies to submit a written COVID-19 Prevention Program, which the City’s Human Resources completed. The CalOSHA emergency regulations cover employee training, correcting unsafe and unhealthy conditions, face coverings mandates, infection prevention techniques, employee benefits for absences due to COVID-19, identification of outbreaks, notification of exposures, and recordkeeping. Human Resources worked with Facilities, Safety Officer and others to confirm the City is in compliance with the emergency regulations. • Employee Virtual Resource Center: Early in the pandemic, Human Resources launched a COVID- 19 Employee Resources website to centralize COVID-19 protocols, safety procedures and to provide supportive resources such as wellness programs, childcare providers and financial information. • Employee COVID Training: Approximately 840 employees have completed virtual training focused on how COVID spreads, recognizing symptoms and prevention. In addition, 234 supervisors also completed additional training on how to clean and disinfect their workplaces. City of Palo Alto Page 3 • Maximizing Remote Work: To comply with the County’s Health Order to minimize the number of employees reporting to the workplace, approximately 300 employees are assigned to work remote. Specific wording from the health orders is as follows: “Businesses that are allowed to operate facilities in the County must maximize remote work. All employees who can work from home must do so. The only employees who can go to work are those who cannot perform their job duties from home.” Training classes have been provided to assist employees with adapting to new work methods. An ergonomics specialist is available for virtual appointments to recommend no-cost and low-cost adjustments to avoid injuries while working from home. • Employee Health Symptom Screening: County protocols require all employees reporting onsite to complete a self-screen to check for COVID symptoms. Initially the self-screen was conducted by the supervisor verbally with each employee upon reporting to work. The City’s IT Department has developed a custom-designed app which is now being piloted in two departments. The app provides a platform for employees to conduct their health screening, and if symptoms are reported, Human Resources is automatically notified to connect the employee to medical support. • Requiring Use of Face Masks: In April 2020, Council proactively adopted a Face Mask Order which was communicated to the workforce through notices, signage and safety meetings. Since that time, the mask guidance has been updated based on newer health information and medical studies. The City continues to inform employees of these mask updates. • Employee COVID Advice Line: Human Resources has activated a COVID Advice Line for employees to submit questions or report violations. In addition to the advice line, employees may call or email the HR receptionist, or talk to an HR manager. HR typically receives 2-3 calls a week from employees who have questions or are seeking information. HR staff are also providing tutorials to show employees what is available on the COVID Employee Virtual Resource Center. HR held a tutorial for 8 representatives from Community Services worksites and the feedback was very positive. • Cleaning and disinfecting: Under the guidance of the Public Works Director, the Facilities Manager established a written Facilities Environmental Pathogen Cleaning and Disinfecting Procedure. Under these procedures, custodial staff and contractors are cleaning occupied City buildings multiple times per day, bathrooms are cleaned twice per day, and all doors are cleaned repeatedly. The City’s contractor is equipped with specialized disinfectant fogging machines. If a COVID exposure occurs at a worksite, 5 vendors are on pre-authorized contracts to be available on short notice for deep cleaning. In addition, our crime scene clean-up vendor is pre-authorized to provide specialized cleaning for vehicles when an exposure occurs. The crime scene cleaners have been utilized for COVID exposures in police patrol cars. • Protocols Specific to Worksites or Operations: Due to the wide range of work performed throughout the City, it is not possible to take a one-size-fits all approach to COVID safety response. It has been necessary to deploy a variety of protocols depending on the worksite or operation. For example, employees no longer drive together to worksites and instead drive alone when possible, or they no longer go into a building to check in before heading out to the field unless necessary. This has required employees to revise their normal routines, carry City of Palo Alto Page 4 computers with them or change routes. When the County ordered all break rooms closed except to use appliances, outdoor tents were made available where possible for employees to take breaks and eat meals. Where tents were not feasible, employees have been advised to consume meals outdoors or in their vehicle. For distancing, visual stickers and signs have been placed on floors and offices, and acrylic barriers have been installed. Prior to re-opening to the public, an operation-specific plan is developed and documented to ensure physical distancing is maintained. • COVID-19 Contact Tracing and Reporting: The City’s Assistant HR Director is a specialist in occupational health and safety, and is overseeing the City’s contact tracing program for all workplace exposures. Through the Workers’ Compensation Joint Powers Authority, we also have access to workplace safety experts and services to provide further support as we navigate this ongoing pandemic. Attachments: • Attachment A: COVID-19 Workplace Activation Plan March 24 2021 COVID-19 WORKPLACE ACTIVATION PLAN An evolving guide to manage the uncertainties of the pandemic March 24, 2021 Page | 1 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 In August 2020 the State of California released the Blueprint for a Safer Economy, which is designed to tighten and loosen restrictions on activities using metrics that measure the risk of community disease transmission. At this writing, Santa Clara County operated in the Purple tier for multiple months and is entering the Red tier. The State’s Blueprint establishes the minimum level of restrictions and individual counties are permitted to exceed the State’s guidance. Accordingly, Santa Clara County has included stronger restrictions and may continue to do so through the remaining tiers. The City will continue to follow health guidance and will take additional precautions above what is mandated to ensure the safety of workers and the public. To avoid further shutdowns or regressing to prior tiers, it is critical to continue vigilant health practices, identify threats, and activate immediate interventions to ensure workplace safety. PURPOSE OF THIS WORKPLACE ACTIVATION PLAN This Workplace Activation Plan is for the purpose of documenting general principles, preparation, logistics, and methods for modifying operations and re-engaging on-site services through the Orange and Yellow tiers, and after restrictions are lifted. This plan will continue to evolve as the City manages the uncertainties of the pandemic and continues to balance operational approaches with safety restrictions and fiscal constraints. • Tier 1 Widespread: Purple • Tier 2 Substantial: Red • Tier 3 Moderate: Orange • Tier 4 Minimal: Yellow • Post-Pandemic: After restrictions are lifted, or minimum of 3 weeks after the Yellow tier ends COVID-19 PUBLIC HEALTH ORDER TIERS At this writing, Santa Clara County has moved into the Red Tier and anticipates entering the Orange Tier shortly, based on improving health indicators. A minimum of 3 weeks and improvements in statistical health indicators has been required before advancement to the next tier. Returning to a prior tier occurs if health indicators worsen. Red Tier: March 4 through approximately 3 weeks Orange Tier 3 weeks after Red tier begins Yellow Tier 3 weeks after Orange tier begins Post-Pandemic: 3 weeks after the Yellow tier ends Remote Required Remote Encouraged Clear to Return Indoor gatherings strongly discouraged Clear to Return Under this Workplace Activation Plan, post-pandemic activities may resume 3 weeks after the Yellow tier ends. A regression from Red to Purple tiers occurred previously, causing considerable disruption and confusion in the community. To avoid this in the future, a delay is recommended to ensure that conditions have stabilized. Page | 2 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 OPPORTUNITIES TO ADDRESS PRE-PANDEMIC CHALLENGES Prior to COVID, efforts were underway to address certain hazards and challenges that have negatively impacted the workplace. The City must consider and address these ongoing hazards and challenges as activation continues. The recommendations in this Workplace Activation Plan incorporated actions that assist in COVID-19 activation, while also making progress on these ongoing challenging issues: • Maximize Services Within Available Resources: COVID’s impact on City revenues brought to new levels the challenge of providing services to the community within available resources, not only decimating revenues but also requiring unprecedented new processes to reinforce safety in the new operating environment. While the City’s first priority is always to maximize the provision of needed services to the community, achieving service goals with constrained resources requires both ingenuity and resetting expectations. • Air Quality: The wildfire crises caused air quality to reach dangerous levels at times, requiring City operations to be modified or suspended when working conditions were not safe from particles in the air. Since COVID-19 involves airborne transmissions, the Public Works department has undertaken a comprehensive evaluation of ventilation and air filtration systems in city facilities, in response to the pandemic. This comprehensive evaluation and recommendations will also assist in mitigating the negative effects on air quality from regional wildfires. • Workplace Safety: Nationally and locally, acts of random and targeted violence have caused concern about the physical safety of buildings, worksite access, and safe work practices. Controlling entry and exits to minimize COVID-19 exposures will also improve building security and the physical safety in the workplace. • Sustainability and the Environment: Approximately 85 percent of workers drive to work every day. During the pandemic, 400 employees were required under health orders to work from home, eliminating thousands of commute trips. Continuing remote work, where possible and practical, can strategically assist in helping the City meet its sustainability goals. The eliminated commute result in reducing emissions, improving traffic gridlock, and creating parking capacity in Palo Alto. • Recruitment and Retention: As discussed at a City Council study session in November 2020, an economist from Stanford University provided data to support that employees in the labor market increasingly value flexibility. The data cited the value of flexible work as equivalent to 8% - 12% of salary. This perspective is helpful when considering recruitment and retention challenges experienced by the City prior to the pandemic and in hard-to-fill positions. Page | 3 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 IMPORTANT CONSIDERATIONS This Workplace Activation Plan incorporates a measured approach to allow the health orders to stabilize. This is to minimize the disruption and confusion to employees and the public that were experienced earlier in the pandemic when the health orders changed frequently and regressed to prior tiers. This measured approach considers the following: • Safety protocols will continue to be required through at least the Yellow tier. Current safety protocols include the wearing of face coverings, distancing, health screenings, minimizing gatherings, reducing occupancy, increasing cleanings, prohibiting shared food, avoiding shared vehicles when possible and entering the workplace only when necessary. It is not known how many of the protocols will remain as recommended best practices for the long-term in the interest of public health. • COVID-19 exposures will continue to be a risk in the workplace. At this writing, progress is being made on the percentage of vaccinated employees. According to the CDC, approximately 30% of the population intends to decline vaccination. This means that health risks will continue even after the vaccination program has been fully implemented. In addition, the efficacy of the vaccine against new variants is not yet known. • The public’s return to prior activities may be gradual, even if permitted under health orders. The severity of the pandemic and loss of life have created understandable fears and anxiety. It is not known what effect this will have on activation. • The diversity of City services requires a customized approach. There is not a single approach that will fit for all operations. It is necessary to establish base guidance, while also allowing Department Directors to tailor the activation plan to their operations in a safe manner. • City managers are responsible to ensure that any reopening plans comply with all applicable County and State COVID-19 restrictions. The applicable County COVID-19 rules include the October 5 Revised Risk Reduction Order and the Mandatory Directive on Capacity Limitations. Section 9 (“Social Distancing requirements"), Section 10 (“Face Coverings”) and Section 12 (“Requirements Applicable to All Businesses”) of the County Order are especially important with respect to safely reopening. For example, even if permitted to reopen under the State’s COVID-19 regulations, government entities are required to maximize telework under Section 12(a) of the County Order. That is, workers may go in to work only to complete the job duties they can’t complete from home. The County Order is generally applicable to government entities, though section 2 provides a narrow exception to the extent that any particular requirement “would impede or interfere with an essential government function.” In addition, an event or reopening must comply with all applicable State COVID-19 rules, as specified in the State’s COVID-19 landing page, which links to the State’s Blueprint for a Safer Economy, Industry Guidance documents, About COVID-19 restrictions page, and the California Department of Public Health’s website. Finally, any new event or reopening will be balanced against fiscal constraints and other operational impacts, changes or related issues. Page | 4 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 READINESS ESSENTIALS An Activation Oversight Committee under the guidance of the City Manager and consisting of the Assistant City Manager, Public Works Director, and Human Resources Director (with supplemental assistance from a Workplace Safety Consultant), will work with each Department Director to identify specifics related to the following: 1. Prepare the Building includes cleaning plans, pre-return inspections, HVAC and mechanical checks. 2. Prepare the Workforce by identifying ways to mitigate anxiety, identify principles for deciding who returns, and prepare employee communications. 3. Control Access by identifying single entrance and exists, implementing protocols for safety and health checks, reviewing building reception areas, reviewing shipping and receiving that is not centralized, identifying elevator protocols, and determining visitor policies. 4. Create a Social Distancing Plan specific to each worksite, by decreasing density, using schedule management, and reviewing traffic patterns. 5. Reduce Touch Points and Increase Cleanings by implementing a clean desk policy, changing food policies, and increasing common area cleanings prior to re-opening employee or public areas. 6. Communicate with Confidence by encouraging Department Directors to communicate transparently, listen, and survey regularly. Page | 5 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 PREPARATION 1. Each Department Director will have a consultation with the Activation Oversight Committee, to review specific activation plans in more detail. Decisions to be made through the consultation include: ❑ Date for remote workers to return to hybrid schedules or fully on-site ❑ Date the public will have access to facility (if public facing) ❑ Days and hours of operation ❑ Floor plans and logistics ❑ Supplies and cleaning frequency ❑ Review rapid response protocols for health threats ❑ Identify target dates for pre-return inspections, HVAC and mechanical checks 2. Consultations will occur as soon as practical to identify reconfigurations, order supplies and submit workorders. 3. Recommendations made to the Activation oversight committee must be fully reviewed, implemented, and inspected for final sign-off at least three weeks ahead of the go-live date. Final sign off by the Activation oversight committee will occur once: ❑ All building inspections are complete. ❑ Any required mediations are complete. ❑ Any required repairs to equipment, work areas, and systems are complete. ❑ A communication plan is prepared and ready to implement, in consultation with the Chief Communications Officer where needed. Page | 6 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 REQUIRED SITE-SPECIFIC PROTECTION PLANS Site-specific protection plans have been submitted as required to the County of Santa Clara and OSHA for all city locations currently in operation. Prior to activating modifications, Department Directors must review their site- specific plans on file, and coordinate with Human Resources to submit an updated plan if required. • Sample County of Santa Clara Site Specific Protection Plan: https://www.sccgov.org/sites/covid19/Documents/SDP-site-specific-protection-plan.pdf • Sample Cal/OSHA Protection Plan HTTPS://WWW.DIR.CA.GOV/DOSH/CORONAVIRUS/ETS.HTML BUILDING INFRASTRUCTURE INSPECTION Since buildings may have been unoccupied for periods of time, a best practice is to thoroughly inspect for any damage or issues caused by the vacancy. In general, even unoccupied City buildings have had building systems functioning and undergoing routine maintenance. Wherever applicable, the physical condition and operation of equipment and services supporting buildings to be reoccupied should be assessed, as follows: ❑ Mechanical Systems ❑ Water Systems • Chilled/condenser water: open/closed loops • Water features ❑ Conveyances ❑ Potable water: flush faucets ❑ Fire Life Safety Systems ❑ Ensure open site drains are inspected and traps are primed Page | 7 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 BUILDING SYSTEMS: HVAC AND MECHANICAL In addition to wearing masks and social distancing, it is important that indoor spaces are properly ventilated to decrease transmission risk. Centers for Disease Control (CDC), American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), and Santa Clara County Public Health have issued guidance and recommendations on ventilation and indoor air quality (see attached “Guidance For Ventilation and Air Filtration Systems” from Santa Clara County Public Health). Recommended strategies for consideration and further planning purposes include: 1. Increasing outdoor air circulation by opening window and doors and use of fans, where appropriate. 2. Installing higher efficiency filters in existing HVAC1 systems. 3. Increasing the percentage of outdoor air provided by HVAC systems. 4. Running HVAC systems during the hours before and after facilities are occupied. 5. Maintaining HVAC systems on a regular schedule. 6. Installing portable filtration units to supplement existing HVAC systems. 7. Consulting HVAC professionals to evaluate potential upgrades to existing HVAC systems. The City has evaluated these and other strategies and has implemented many of them. For example, all 31 City facilities whose HVAC systems formerly used MERV-8 filters have been modified to use of MERV-13 filters. The percentage of outdoor air used by HVAC systems has been increased at many facilities. The City has initially purchased eight portable HEPA filtration units that are currently in use at some facilities, and work is underway to determine the feasibility and costs of upgrading the HVAC systems at City Hall, Mitchell Park Library and Community Center, and Rinconada Library to provide HEPA filtration. While improvements have been made at various City facilities, the primary focus to date has been the facilities occupied by essential workers during Shelter-in-Place. As the City plans for a broader Workplace Activation, it will be important to individually evaluate the facilities as planning occurs to reopen for staff and the public. The Activation oversight committee will review and approve indoor air quality considerations as part of its review of Readiness Essentials. Additionally, HVAC systems at facilities leased by the City, such as the Development Center and Elwell Court, are not maintained by the Public Works Facilities section. The Activation Oversight Committee will coordinate with Public Works Facilities and Real Estate to obtain and evaluate information from property owners on air quality improvements made at leased facilities. 1 HVAC refers to heating, ventilation and air conditioning systems. Page | 8 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 WORKER SAFETY 1. Any employee assisting in the preparation of a building or workspace after a period of reduced inactivity due to COVID-19 should be provided with appropriate PPE (such as masks, gloves, eye protection, gown). 2. After use, workers should dispose of PPE designed for single use. 3. After removing PPE, staff should wash their hands immediately, adhering to health protocols for proper hygiene. 4. Review site inventory of cleaning chemicals, materials, and consumables to ensure inventory levels are aligned with forecasted building occupancy. 5. Ensure cleaning equipment and tools are in working condition. 6. Employees should review and complete refresher training on general cleaning and site-specific protocols. Minimum training should include a review of the site-specific social distancing plan, and complete Target Solutions COVID Training Module #107 Reopening. STAFFING To reduce virus transmission, health orders required employers to maximize remote work2. The Red and Purple tiers directed that employees must avoid the workplace except when necessary and all employees who can work from home must do so. For the Orange and Yellow tiers, employers are encouraged to continue remote work, until the Yellow tier is ended. 1. Schedules: Department Directors must give careful consideration to work schedules and ensure occupancy limits are not exceeded, distancing can be maintained, and that opportunities for exposure are minimized. 2. Work Bubbles / Cohorts: Employees who work in teams should be returned as a cohort to limit cross- contact with other employees. 3. Hybrid Remote Schedules: Employees currently on a remote schedule may be granted a hybrid schedule upon return, with 2 to 3 days of remote work per week. 4. Fully Remote Schedules: Department Directors may approve a fully remote schedule if an employee is not required to be on-site for their work. A fully remote work schedule must be approved by Human Resources and the City Manager. No more than 10% of the remote workers in a department may be fully remote. Fully remote workers must have the ability to report on-site when requested by their supervisor with reasonable notice, and when an assignment requires on-site presence. 5. Flexibility: Flexibility in scheduling is not an entitlement. Flexible schedules may be adjusted by the supervisor according to operational needs and is not subject to an appeal or grievance process. 2 For the City of Palo Alto, approximately two-thirds of City’s workforce continued reporting on-site and approximately one-third perform are working remote. Page | 9 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 ENTRY AND ACCESS To minimize waiting, enable contact tracing and reinforce workplace safety, City facilities with public access will incorporate a reservation system with controlled entry and exit points, with an appropriate staffing approach to monitoring control points. 1. Identify the platform or software to be used for reservations, review workflow and assign duties as needed. Provide staff training for proper utilization of the reservation system. 2. Ensure proper noticing and communication plan to notify stakeholders about the reservation process. GENERAL SPACE CONFIGURATION 1. Determine occupancy limits3 and prepare clear signage. 2. Determine a method for conducting regular occupant counts per floor. 3. Use directional arrows or theater rope to designate directional flow. Flow should be one-way. 4. Use floor stickers to designate distancing. 5. Discontinue the use of reception areas. Remove seating in reception areas altogether. 6. Install plexiglass shield barrier at reception desk or counter. 7. Remove or tape off high-contact items, such as water coolers and coffee makers. Replace with touchless versions if possible. 8. Remove any portable fans or block mounted fans from use. 9. For vending machines: place disinfectant and wipes at vending machine for application before and after each use. 10. Require the cleaning of copiers by each user prior to machine use. 11. Remove or minimize shared office items (phones, staplers, staple removers, pens, etc.). If shared items cannot be avoided, place cleaning supplies nearby and require cleaning before and after each use. 12. If pens are other shared items are provided for public use, separate used from unused items and disinfect prior to re-use. Clearly label used from cleaned items. 3 Maximum capacity is calculated by dividing the net usable area by 36’ (square of 6’). For example, a room with 200 square feet of usable space would have a calculated maximum of 5 people. Page | 10 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 COMMON AREAS 1. Minimize the use of common areas, use clear signage, post maximum occupancy, and use physical distance marks or floor stickers. 2. Schedule at least daily cleaning and disinfecting of common areas. 3. Tape off or cover drinking faucets. ELEVATORS AND STAIRS 1. Encourage the use of stairs as an alternative to elevators. 2. For elevator, provide signage and floor stickers for distancing. 3. Designate one stairwell for Up and one stairwell for Down to avoid contact and allow for distancing. RESTROOMS 1. Install touchless faucets, soap dispensers and covered trash cans as practical. Consider foot pedals for doors. 2. For single restrooms, provide signage and disinfectant wipes and/or spray. 3. Doors to multi-stall restrooms should be able to be opened and closed without touching handles. 4. Place a trash can by the door if the door cannot be opened without touching the handle. 5. Place signs indicating that toilet lids (if present) should be closed before flushing. 4. Place signs reminding employees to wash hands before and after using the restroom. 5. Disconnect or tape-off hand air dryers. Stock restrooms with paper towels. 6. For restrooms that are available to the public, identify maximum occupancy and provide signage, distance markers and instructions for use. 7. Where possible, instruct staff to use staff-only restrooms to minimize cross-contact. Page | 11 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 BREAKROOMS AND MEALS 1. Determine if the County Health order permits the use of breakrooms. Ensure proper signage to clarify breakroom rules. 2. Provide an outdoor tent and seating for breaks and meals, if practical and in a location that is secure and away from public access. 3. Eliminate potlucks and shared food. 4. If served, ensure that food, snacks and beverages are individually pre-packaged. 5. Provide disinfectant wipes near the refrigerator and microwave. WORKSTATIONS AND DESK AREAS 1. Reduce tasks that require employees to gather in one area. 2. Implement a “Clean Desk” policy, with non-essential items stored inside cabinets or drawers. 3. Discourage printing or sharing paper documents. 4. Measure distances between workstations to ensure minimum of 6 feet. Ideally use alternate desks or checker-board pattern. 5. Change desk or workstation direction so employees do not face each other. Install partitions if facing each other cannot be avoided. 6. Use tape and signage to mark workstations that are not to be used. 7. Remove extra chairs. Where chairs are needed, use non-fabric chairs to the extent possible. 8. Provide employees the option to wrap fabric chairs in plastic. 9. Remove or minimize shared office items (staplers, staple removers, pens, etc.). If shared items cannot be avoided, provide cleaning supplies next to the shared items. Page | 12 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 GATHERING AND MEETINGS 1. Coach employees to critically evaluate the need for in-person meetings. Encourage virtual meetings until health restrictions are eliminated. 2. Avoid holding indoor meetings with external guests. 3. Do not schedule large team or staff meetings in person and continue to schedule those as virtual meetings. 4. If in-person meetings are essential, limit the meeting size and reduce meeting times. a. Consider an outdoor location for meetings if practical. b. Lingering and socializing before and after meetings should be discouraged. c. Remove chairs from spaces to prohibit over-capacity. 5. Prohibit the sharing of small spaces. 6. Stock disinfectant wipes or cleaner in each conference room for employees to wipe down after each use. VEHICLES For Pool Vehicles: 1. Encourage single occupancy. 2. Stock with cleaning supplies. 3. Place instructions inside vehicle to open windows, wear mask when not alone, clean when finished. For Personal Vehicles: 1. Discourage ridesharing to avoid cross-contact. POLICIES 1. Work Travel Policy: Discretionary business travel will not be authorized until the Yellow tier has ended. 2. At-Risk Employees or Refusal to Return: Refer any accommodation requests to Human Resources for review. Do NOT engage in discussing any employee’s personal medical information. 3. Information Technology protocols for requesting computer equipment required for Workforce Activation will be established and communicated to Department Directors by April 15. Page | 13 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 CHANGE MANAGEMENT While workplace design, policies and safety protocols are critical pieces of Workplace Activation, they do not touch on perhaps the most important aspect of return to work—the readiness of the workforce emotionally and psychologically. Some employees may react by expecting nothing to change, while others will assume everything will be different. Helping to mitigate employee concerns should be a top priority. Employees may be worried about their personal health and the health of others. In addition, financial impacts and worries about the City’s budget may increase anxieties about their jobs and the future. It is critical to consider how the experiences of the past year may have impacted personal connections to the culture of the organization. Best practices to assist with change management include: 1. Early and frequent communication: As plans are forming, keep the workforce informed. 2. Encourage proficiency with collaboration tools: All employees should be encouraged to become proficient at utilizing virtual collaboration tools such as Teams and Zoom, even if their jobs are not computer-based. 3. Embrace a hybrid work environment: Managers must adapt to working with hybrid schedules and leading both on-site and off-site employees. Norms must evolve to be inclusive of those who are on-site and off-site. 4. Proactive training about the changing environment: Changes in practices, policies and norms for the workplace should be addressed in open discussions and through training. 5. Remind employees of resources and tools: A robust virtual resources site has been built by Human Resources for use by employees and family members. The website includes a generous amount of information and resources related to wellness and mental health support. Page | 14 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 Page | 15 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 Page | 16 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 Page | 17 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 SPECIFIC CHANGES IN SERVICES AND OPERATIONS BY TIER The City is operating under County COVID-19 rules included in the October 5 Revised Risk Reduction Order and the Mandatory Directive on Capacity Limitations. In addition, Section 12(a) of the County Order mandates that workers may go in to work only to complete the job duties they can’t complete from home . The County Order, though section 2, provides a narrow exception to the extent that any particular requirement “would impede or interfere with an essential government function.” Section 9 (“Social Distancing requirements"), Section 10 (“Face Coverings”) and Section 12 (“Requirements Applicable to All Businesses”) of the County Order are especially important with respect to safely reopening. The City must also comply with the State’s COVID-19 rules, as described in the COVID-19 landing page, Blueprint for a Safer Economy, Industry Guidance documents, About COVID-19 restrictions page, and the California Department of Public Health’s website. In addition to these rules, all service will reopen in accordance with the service levels and resources ap proved in the FY 2021 Adopted Budget. This will require a phasing in of access to services, to ensure it is done in a safe manner with reduced oversight. Prior to reopening or expansion of services, Department Directors must review compliance measures wi th the Activation Oversight Committee. Once approved, Directors will coordinate with HR to file any required site plan updates to: • County of Santa Clara https://www.sccgov.org/sites/covid19/Documents/Appendix-A-Social-Distancing- Protocol.pdf • CalOSHA https://www.dir.ca.gov/dosh/dosh_publications/COVIDOnePageFS.pdf As noted, the Activation Plan and the details noted below are subject to change based on fiscal, operational and safety constraints and may evolve based on Federal, State and County public health guidelines and best practices. Community & Library Services: Or a n g e Ti e r Most services are offered in an adapted format, to comply with health orders as the orders have changed. Under Orange Tier: Classes – Outdoor classes and limited indoor classes offered with safety measures implemented in compliance with State and County health orders. All classes require face coverings, social distancing, and capacity limitations. Indoor class capacity limited to 25% or cohort / household rules. Virtual classes and productions will continue to be offered with some movement to hybrid models in accordance with the guidelines above. For example, theater productions with limited cast size and social distancing measures may be recorded and presented virtually Open Spaces & Parks – Remain open for public visitation and play with safety measures implemented in compliance with State and County health orders; require face coverings, social distancing, and capacity limitations at playgrounds and golf. Facilities (e.g. Arts Center, Libraries, Theaters, JMZ) – Certain facilities will open in accordance with reopening guidelines, however, will be in alignment with service levels approved in the FY 2021 Adopted Budget. Different facilities will follow specific orders, e.g. the art center will be limited to 50% capacity, library and zoo services, though allowed to a greater extent by the health orders will be constrained due to reduced resources. Library facilities remain closed from public use. Library services are continuing online or as sidewalk services and online programs and events for kids, teens, adults and seniors, including storytimes. Limited reopening Page | 18 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 with visitation by appointment, limited hours and limited capacity and services such as no computer use are expected to be piloted during this phase. Administrative Services - Administrative staffing and engagements such as training and special programming primarily remote, with limited instances of hybrid models only as needed. Ye l l o w T i e r Most services are offered in an adapted format with loosened restrictions, t o comply with health orders as the orders have changed. Under Yellow Tier: Classes – Outdoor classes and limited indoor classes offered with safety measures implemented in compliance with State and County health orders. Capacity limitations increased to 50% for indoor classes and sports may resume competitive play in line with return to the coming school year. Open Spaces & Parks – Remain open for public visitation and play without capacity limitations. Visitors will be required to wear face coverings and follow other safety measures in place. These safety measures will be posted. Facilities (e.g. arts center, libraries, theaters, zoo) – Library facilities will resume with limited hours and phased services based on available staffing and adopted service levels. Administrative Services - No change from Orange tier Al l C l e a r Classes—Programs resume, some in hybrid models to accommodate positive service changes resulting from COVID-19 alternative service delivery. Open Spaces & Parks —Remain open for public visitation and play with capacity restrictions lifted Facilities (e.g. arts center, libraries, theaters, zoo) – Facilities re-open and onsite events and programs resume e.g. teen center re-opens. Restoration of in-person services to in alignment with revised service levels approved as part of the annual budget process. Virtual services that are popular and well-attended will continue to be offered. Virtual events will be supplemented with in-person events, based on public responsiveness, acceptance and comfort. Administrative Services - Explore a return of remote staff with hybrid schedules. Resume in-person services for public meetings and other public activities flexibly to effectively support community engagement as resources enable. Public Safety Services: Or a n g e Ti e r 24/7 Safety Operations and Medical Response– Field services for police, fire and OES services continue uninterrupted including calls for services, dispatch, medical support/transport, and emergency operations center. Safety measures implemented in compliance with State and County health orders requiring face coverings and social distancing. Special Services – Services such as detective, inspection, and parking enforcement continue on-site as permissible by State and County health orders. For those services that can operate in a hybrid schedule, those schedules are operationalized to minimize in-person contact without impact to services. Examples of hybrid schedules include inspectors, who may conduct in person or video conference inspections and detectives. Page | 19 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 Safety measures implemented in compliance with State and County health or ders requiring face coverings and social distancing. Administrative Services – administrative staffing and engagements such as training are primarily remote, with limited instances of hybrid models for training and testing in-person only as needed. Ye l l o w T i e r 24/7 Safety Operations – No change from Orange tier Special Services – Increased in-person presence in accordance with certain return for special events or additional inspections as health orders allow. Administrative Services – No change from Orange tier Al l C l e a r 24/7 Safety Operations – No change from yellow tier Special Services – Increased in-person presence in accordance with certain return for special events or additional inspections as health orders allow. Administrative Services – Explore a return of remote staff with hybrid schedules. Certain in-person training will resume where efficient and practical as logistics and staffing allow. Other meetings, trainings and events will remain virtual when there are cost, and time savings and efficiencies gained. Resume in-person services for public meetings and other public activities flexibly to effectively support community engagement as resources enable. Planning & Infrastructure: Or a n g e Ti e r Planning & Development Services – All services conducted remotely though an online application system supplemented via video conferencing with applicants. Inspection Services – Fire, building, and code enforcement inspections continue on -site as permissible by state and county health orders. For those services that can operate in a hybrid schedule, those schedules are operationalized to minimize in-person contact without impact to services. Transportation Services - All services conducted remotely; exceptions made for limited parking permit distribution and file work such as bicycle/pedestrian counts. Infrastructure Public Works & Utility Services - With minor exceptions, all pre-pandemic services continue to be provided through a combination of in-person and remote methods, including: Airport, Streets Maintenance, Solid Waste/Recycling, Engineering, Urban Forestry, Water Quality Treatment Plant, utility customer call center, and utility resource management. All in-person work is completed with safety measures implemented in compliance with State and County health orders requiring face coverings and social distancing, with all services exercising a preference for remote methods as available. Utility Operations – In-person operations continue uninterrupted for utility services including electric, gas, water, wastewater, and meter reading services. Safety measures implemented in compliance with State and County health orders requiring face coverings and social distancing. Administrative Services – Administrative staffing and engagements such as training and special programming primarily remote, with limited instances of hybrid models only as needed. Page | 20 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 Ye l l o w T i e r Infrastructure Public Works & Utility Services – Some activities return to in-person on rotational ad hoc schedule: business inspections, public outreach activities, in -person counter services, utility customer call center, and utility resource management. Implement alterations to physical office enviro nment for safety Planning & Development Services, Inspection Services, Transportation Services, Utility Operations, Administrative Services – No change from Orange tier Al l C l e a r Planning & Development Services –Virtual services will continue via online application system supplemented via video conferencing with applicants. In-person services available by appointment continue. Inspection Services – Fire, building, and code enforcement inspections continue on -site For those services that can operate in a hybrid schedule, those schedules are operationalized to ensure access and continuity of services. Transportation Services – Virtual services continue with a return of hybrid schedules, virtual service available for customer convenience and preference as well as in-person services available by appointment. Infrastructure Public Works & Utility Services – All services resume provided with exploration of hybrid schedules as work allows. Encourage customer operations to engage through virtual platforms. Utility Operations – No Change, continue full operations Administrative Services – Explore a return of remote staff with hybrid schedules. Certain in-person training will resume where efficient and practical as logistics and staffing allow. Other meetings, trainings and events will remain virtual when there are cost and time savings and efficiencies gain. Resume in-person services for public meetings and other public activities flexibly to effectively support community engagement as resources enable. Internal Services/City Council & Appointed Offices Or a n g e Ti e r All services provided remotely except for the following: • Field work to meet with business owners and other stakeholders for programs such as Uplift local • Printing & Mailing citywide services • Warehouse services (Municipal Services Center and Water Quality Control Plant • Customer Service (Revenue Collections), client meetings by appointment • Real estate, accounts payable, payroll, treasury services: In-person services by appointment or ad hoc as required • Pre-employment assessments such as civil service exams (when necessary) • New employee fingerprinting for background clearance • Mandatory drug testing for DOT drivers • Information technology services desk support (limited) Ye l l o w Ti e r No changes from Orange Tier Page | 21 City of Palo Alto COVID-19 Workplace Activation Plan March 24, 2021 Al l C l e a r Explore a return of remote staff with hybrid schedules, with some services remaining fully remote. Certain in- person training will resume where efficient and practical as logistics and staffing allow. Other meetings, trainings and events will remain virtual when there is cost, and time savings and efficiencies gained. Resume in- person services for public meetings and other public activities flexibly to effectively support community engagement as resources enable.