HomeMy WebLinkAbout2023-01-30 City Council Agenda PacketCITY COUNCIL
Special Meeting
Monday, January 30, 2023
Council Chambers & Hybrid
5:00 PM
Amended Agenda
Amended agenda items appear below in RED
Pursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with the
option to attend by teleconference/video conference or in person. To maximize public safety
while still maintaining transparency and public access, members of the public can choose to
participate from home or attend in person. Information on how the public may observe and
participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if
attending in person. The meeting will be broadcast on Cable TV Channel 26, live on
YouTube https://www.youtube.com/c/cityofpaloalto, a n d s t r e a m e d t o M i d p e n M e d i a
Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238)
Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an
amount of time determined by the Chair. All requests to speak will be taken until 5 minutes
after the staff’s presentation. Written public comments can be submitted in advance to
city.council@CityofPaloAlto.org and will be provided to the Council and available for inspection
on the City’s website. Please clearly indicate which agenda item you are referencing in your
subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,
the Clerk will have them shared at public comment for the specified item. To uphold strong
cybersecurity management practices, USB’s or other physical electronic storage devices are not
accepted.
TIME ESTIMATES
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.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:00 ‐ 5:25 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration
of Oral Communications period to 30 minutes.
CONSENT CALENDAR (5:25 ‐ 5:30 PM)
Items will be voted on in one motion unless removed from the calendar by three Council Members.
1.
2.Approval of Amendment Number One (1) with Insight Public Sector, C20177991
Extending the Term by Three Years and Compensation by $1,686,615 Utilizing a Riverside
County Agreement for Citywide Microsoft Licensing and Approve a Contingency in the
Amount of $100,000 Annually, for a new Total Not‐to‐Exceed Contract Amount to
$3,628,317; CEQA Status—not a project
3.SECOND READING: Adoption of Amendments to Palo Alto Municipal Code Chapter 18.09,
Accessory and Junior Accessory Dwelling Units due to State Law Changes and Direction
from the California Department of Housing and Community Development. Environmental
Assessment: Exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines
sections 15061(b)(3), 15301, 15302 and 15305. Planning and Transportation Commission
Recommended Approval of the Ordinance.
CITY MANAGER COMMENTS (5:30 ‐ 5:45 PM)
ACTION ITEMS
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters.
AA1.City Council discussion and direction regarding wage requirements for the contract for
next Janitorial services
A. Review and Provide Direction on Wage and Benefits Requirements for
Inclusion in a New Janitorial Services Request for Proposal (RFP)
B. Responsible Contracting Standards Colleague's Memo (Stone & Burt)
(5:45‐6:30 PM)
4.Review and Adoption of the Policy and Services Committee Recommendations on the
Revised Council Procedures and Protocols Handbook (previously discussed on December
19, 2022) (6:30 – 8:30 PM)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
ADJOURNMENT
AMENDED AGENDA ITEMS
Items that have been added/modified from the original publication of the agenda are listed below.
Any corresponding materials are appended to the end of the initial packet. If full items have been added to the
Agenda, they will be denoted with a number staring with AA, meaning Amended Agenda item.
AA1.City Council discussion and direction regarding wage requirements for the contract for
next Janitorial services
A. Review and Provide Direction on Wage and Benefits Requirements for Inclusion
in a New Janitorial Services Request for Proposal (RFP)
B. Responsible Contracting Standards Colleague's Memo (Stone & Burt)
(5:456:30 PM)
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to hybrid meetings via email, in person,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. In person public comments 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.
3. Spoken public comments using a computer or smart phone 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.
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. Or download the Zoom application onto your phone from the
Apple App Store or Google Play Store and enter the Meeting ID below
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.
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.
When called, please limit your remarks to the time limit allotted.
A timer will be shown on the computer to help keep track of your comments.
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 to Join Zoom Meeting ID: 362‐027‐238 Phone: 1(669)900‐6833
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) 48 hours or more in
advance.
1 Special Meeting January 30, 2023
Materials submitted after distribution of the agenda packet are available at www.cityofpaloalto.org
CITY COUNCILSpecial MeetingMonday, January 30, 2023Council Chambers & Hybrid5:00 PMAmended AgendaAmended agenda items appear below in REDPursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, a n d s t r e a m e d t o M i d p e n M e d i aCenter https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATES
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.
CALL TO ORDER
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:00 ‐ 5:25 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration
of Oral Communications period to 30 minutes.
CONSENT CALENDAR (5:25 ‐ 5:30 PM)
Items will be voted on in one motion unless removed from the calendar by three Council Members.
1.Approval of Minutes from December 12, 2022, December 19, 2022 and January 9, 2023
2.Approval of Amendment Number One (1) with Insight Public Sector, C20177991
Extending the Term by Three Years and Compensation by $1,686,615 Utilizing a Riverside
County Agreement for Citywide Microsoft Licensing and Approve a Contingency in the
Amount of $100,000 Annually, for a new Total Not‐to‐Exceed Contract Amount to
$3,628,317; CEQA Status—not a project
3.SECOND READING: Adoption of Amendments to Palo Alto Municipal Code Chapter 18.09,
Accessory and Junior Accessory Dwelling Units due to State Law Changes and Direction
from the California Department of Housing and Community Development. Environmental
Assessment: Exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines
sections 15061(b)(3), 15301, 15302 and 15305. Planning and Transportation Commission
Recommended Approval of the Ordinance.
CITY MANAGER COMMENTS (5:30 - 5:45 PM)
ACTION ITEMS
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters.
AA1. City Council discussion and direction regarding wage requirements for the contract for
next Janitorial services
A.Review and Provide Direction on Wage and Benefits Requirements for
Inclusion in a New Janitorial Services Request for Proposal (RFP)
B.Responsible Contracting Standards Colleague's Memo (Stone & Burt)
(5:45‐6:30 PM)
4.Review and Adoption of the Policy and Services Committee Recommendations on the
Revised Council Procedures and Protocols Handbook (previously discussed on December
19, 2022) (6:30 – 8:30 PM)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
ADJOURNMENT
AMENDED AGENDA ITEMS
Items that have been added/modified from the original publication of the agenda are listed below.
Any corresponding materials are appended to the end of the initial packet. If full items have been added to the
Agenda, they will be denoted with a number staring with AA, meaning Amended Agenda item.
AA1.City Council discussion and direction regarding wage requirements for the contract for
next Janitorial services
A. Review and Provide Direction on Wage and Benefits Requirements for Inclusion
in a New Janitorial Services Request for Proposal (RFP)
B. Responsible Contracting Standards Colleague's Memo (Stone & Burt)
(5:456:30 PM)
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to hybrid meetings via email, in person,
teleconference, or by phone.
1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2. In person public comments 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.
3. Spoken public comments using a computer or smart phone 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.
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. Or download the Zoom application onto your phone from the
Apple App Store or Google Play Store and enter the Meeting ID below
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.
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.
When called, please limit your remarks to the time limit allotted.
A timer will be shown on the computer to help keep track of your comments.
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 to Join Zoom Meeting ID: 362‐027‐238 Phone: 1(669)900‐6833
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) 48 hours or more in
advance.
2 Special Meeting January 30, 2023
Materials submitted after distribution of the agenda packet are available at www.cityofpaloalto.org
CITY COUNCILSpecial MeetingMonday, January 30, 2023Council Chambers & Hybrid5:00 PMAmended AgendaAmended agenda items appear below in REDPursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, a n d s t r e a m e d t o M i d p e n M e d i aCenter https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:00 ‐ 5:25 PM)Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the durationof Oral Communications period to 30 minutes.CONSENT CALENDAR (5:25 ‐ 5:30 PM)Items will be voted on in one motion unless removed from the calendar by three Council Members.1.Approval of Minutes from December 12, 2022, December 19, 2022 and January 9, 20232.Approval of Amendment Number One (1) with Insight Public Sector, C20177991Extending the Term by Three Years and Compensation by $1,686,615 Utilizing a RiversideCounty Agreement for Citywide Microsoft Licensing and Approve a Contingency in theAmount of $100,000 Annually, for a new Total Not‐to‐Exceed Contract Amount to$3,628,317; CEQA Status—not a project3.SECOND READING: Adoption of Amendments to Palo Alto Municipal Code Chapter 18.09,Accessory and Junior Accessory Dwelling Units due to State Law Changes and Directionfrom the California Department of Housing and Community Development. EnvironmentalAssessment: Exempt from the provisions of the California Environmental Quality Act(CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelinessections 15061(b)(3), 15301, 15302 and 15305. Planning and Transportation CommissionRecommended Approval of the Ordinance.CITY MANAGER COMMENTS (5:30 ‐ 5:45 PM)ACTION ITEMSInclude: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,Unfinished Business and Council Matters.AA1.City Council discussion and direction regarding wage requirements for the contract fornext Janitorial servicesA. Review and Provide Direction on Wage and Benefits Requirements forInclusion in a New Janitorial Services Request for Proposal (RFP)B. Responsible Contracting Standards Colleague's Memo (Stone & Burt)(5:45‐6:30 PM)
4.Review and Adoption of the Policy and Services Committee Recommendations on the
Revised Council Procedures and Protocols Handbook (previously discussed on December
19, 2022) (6:30 – 8:30 PM)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
ADJOURNMENT
AMENDED AGENDA ITEMS
Items that have been added/modified from the original publication of the agenda are listed below.
Any corresponding materials are appended to the end of the initial packet. If full items have been added to the
Agenda, they will be denoted with a number staring with AA, meaning Amended Agenda item.
AA1. City Council discussion and direction regarding wage requirements for the contract for
next Janitorial services
A.Review and Provide Direction on Wage and Benefits Requirements for Inclusion
in a New Janitorial Services Request for Proposal (RFP)B.Responsible Contracting Standards Colleague's Memo (Stone & Burt)(5:45-6:30 PM)
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to hybrid meetings via email, in person,
teleconference, or by phone.
1.Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2.In person public comments 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.
3.Spoken public comments using a computer or smart phone 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.
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. Or download the Zoom application onto your phone from the
Apple App Store or Google Play Store and enter the Meeting ID below
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.
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.
When called, please limit your remarks to the time limit allotted.
A timer will be shown on the computer to help keep track of your comments.
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 to Join Zoom Meeting ID: 362‐027‐238 Phone: 1(669)900‐6833
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) 48 hours or more in
advance.
3 Special Meeting January 30, 2023
Supplemental Memo added 1/26/23
Materials submitted after distribution of the agenda packet are available at www.cityofpaloalto.org
CITY COUNCILSpecial MeetingMonday, January 30, 2023Council Chambers & Hybrid5:00 PMAmended AgendaAmended agenda items appear below in REDPursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with theoption to attend by teleconference/video conference or in person. To maximize public safetywhile still maintaining transparency and public access, members of the public can choose toparticipate from home or attend in person. Information on how the public may observe andparticipate in the meeting is located at the end of the agenda. Masks are strongly encouraged ifattending in person. The meeting will be broadcast on Cable TV Channel 26, live onYouTube https://www.youtube.com/c/cityofpaloalto, a n d s t r e a m e d t o M i d p e n M e d i aCenter https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:00 ‐ 5:25 PM)Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the durationof Oral Communications period to 30 minutes.CONSENT CALENDAR (5:25 ‐ 5:30 PM)Items will be voted on in one motion unless removed from the calendar by three Council Members.1.Approval of Minutes from December 12, 2022, December 19, 2022 and January 9, 20232.Approval of Amendment Number One (1) with Insight Public Sector, C20177991Extending the Term by Three Years and Compensation by $1,686,615 Utilizing a RiversideCounty Agreement for Citywide Microsoft Licensing and Approve a Contingency in theAmount of $100,000 Annually, for a new Total Not‐to‐Exceed Contract Amount to$3,628,317; CEQA Status—not a project3.SECOND READING: Adoption of Amendments to Palo Alto Municipal Code Chapter 18.09,Accessory and Junior Accessory Dwelling Units due to State Law Changes and Directionfrom the California Department of Housing and Community Development. EnvironmentalAssessment: Exempt from the provisions of the California Environmental Quality Act(CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelinessections 15061(b)(3), 15301, 15302 and 15305. Planning and Transportation CommissionRecommended Approval of the Ordinance.CITY MANAGER COMMENTS (5:30 ‐ 5:45 PM)ACTION ITEMSInclude: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,Unfinished Business and Council Matters.AA1.City Council discussion and direction regarding wage requirements for the contract fornext Janitorial servicesA. Review and Provide Direction on Wage and Benefits Requirements forInclusion in a New Janitorial Services Request for Proposal (RFP)B. Responsible Contracting Standards Colleague's Memo (Stone & Burt)(5:45‐6:30 PM)4.Review and Adoption of the Policy and Services Committee Recommendations on theRevised Council Procedures and Protocols Handbook (previously discussed on December19, 2022) (6:30 – 8:30 PM)COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTSADJOURNMENTAMENDED AGENDA ITEMSItems that have been added/modified from the original publication of the agenda are listed below.Any corresponding materials are appended to the end of the initial packet. If full items have been added to theAgenda, they will be denoted with a number staring with AA, meaning Amended Agenda item.AA1.City Council discussion and direction regarding wage requirements for the contract fornext Janitorial servicesA. Review and Provide Direction on Wage and Benefits Requirements for Inclusion
in a New Janitorial Services Request for Proposal (RFP)
B. Responsible Contracting Standards Colleague's Memo (Stone & Burt)
(5:456:30 PM)
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to hybrid meetings via email, in person,
teleconference, or by phone.
1.Written public comments may be submitted by email to city.council@cityofpaloalto.org.
2.In person public comments 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.
3.Spoken public comments using a computer or smart phone 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.
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. Or download the Zoom application onto your phone from the
Apple App Store or Google Play Store and enter the Meeting ID below
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.
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.
When called, please limit your remarks to the time limit allotted.
A timer will be shown on the computer to help keep track of your comments.
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 to Join Zoom Meeting ID: 362‐027‐238 Phone: 1(669)900‐6833
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) 48 hours or more in
advance.
4 Special Meeting January 30, 2023
Materials submitted after distribution of the agenda packet are available at www.cityofpaloalto.org
CITY COUNCIL
STAFF REPORT
From: City Clerk
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: January 30, 2023
TITLE
Approval of Minutes from December 12, 2022, December 19, 2022 and January 9, 2023
RECOMMENDATION
It is recommended that the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: Minutes from December 12, 2022
Attachment B: Minutes from December 19, 2022
Attachment C: Minutes from January 9, 2023
APPROVED BY:
Lesley Milton
Report #: 2301-0810
ITEM 1
Item 1 Staff Report
Item 1: Page 1 Packet Page 4 of 175
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 5
Special Meeting
December 12, 2022
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual
teleconference at 5:00 P.M.
Present In Person: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka
Present Remotely: DuBois
Absent: None
Special Order of the Day
AA1. Sobrato Philanthropies
Action: No action taken
Closed Session
1.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City
Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely
Nose, Sandra Blanch, Nicholas Raisch, Molly Stump, and Terence Howzell) Employee
Organization: Service Employees International Union, (SEIU) Local 521, Utilities Management and
Professional Association of Palo Alto (UMPAPA)Palo Alto Peace Officer’s Association (PAPOA),
Palo Alto Police Management Association (PMA), International Association of Fire Fighters (IAFF)
local 1319, Palo Alto Fire Chiefs Association (FCA), ; Authority: Government Code Section 54957.6
(a)
MOTION: Council Member XX moved, seconded by Council Member XX to go into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:20 P.M.
Council returned from Closed Session at 6:11 P.M.
Mayor Burt announced there were no reportable actions.
Agenda Changes, Additions and Deletions
None
ITEM 1
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(Sp.) City Council Meeting
Draft Action Minutes: 12/12/2022
Public Comment
Consent Calendar
Council Member Cormack registered a no vote on Agenda Item Number 2.
Council Member Tanaka registered a no vote on Agenda Item Number 4,6 7.
MOTION: Council Member Cormack moved, seconded by Mayor Burt to approve Agenda Item
Numbers 2-8.
Motion split for the purpose of voting
Motion Passes for Item 2: 6-1 Cormack no
Motion Passes for Item 4,6,7: 6-1 Tanaka no
Motion Passes for items 3,5,8: 7-0
2. SECOND READING: Adoption of Ordinance 5573 extending the Term of Ordinance No.
5517 by an Additional 18 Months to Expire on June 16, 2024. Ordinance 5517 Amends Title 18
(Zoning) of the Palo Alto Municipal Code to Update Definitions, Broaden Permitted Uses and
Provide Limits on Certain Uses through Updates to the Conditional Use Permit Thresholds.
Environmental Review: CEQA Exemption 15061(b)(3) (FIRST READING: November 28, 2022
PASSED 6-1, Cormack No)
3. Utilities Advisory Commission Recommend the City Council Affirm the Continuation of the
REC Exchange Program
4. Approval of Amendment No. 1 to Contract C09124501 with GreenWaste of Palo Alto for
Collection and Processing Services to Implement Domestic Recycling of Mixed Paper and Mixed
Rigid Plastics with Program Annual Costs Not to Exceed $1.2M; and Approval of Budget
Amendment in the Refuse Fund Supplemental Report Added
5. Approval of Contract S20178749 Amendment No. 3 with LCT SOFTWARE, LLC in the
Amount of $72,924 for a New Not to Exceed Amount of $247,254 for Electronic Document
Review Software related to the City’s Land Use and Permitting System Through December 31,
2023
6. Approval of Lease and License of 300 Homer Ave. Roth Building between the City of Palo
Alto and the Palo Alto Museum
7. Appointment of Kiely Nose as Assistant City Manager
ITEM 1
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DRAFT ACTION MINUTES
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(Sp.) City Council Meeting
Draft Action Minutes: 12/12/2022
8. Approval of a Contract with Nomad Transit, LLC (Via) for City of Palo Alto On-Demand
Transit Service in a total contract amount not to exceed $2,500,000 for up to two years and
Approval of a Budget Amendment in the General Fund (Late Packet Report Added)
City Manager Comments
Action Items
1. Approval of Amendment No. 1 to Contract # C21180078 with Blue Rhino Studios, Inc. in
the Amount of $234,748 for Design and Fabrication of Additional Dinosaur Sculptures and
Exhibits for the Palo Alto Junior Museum & Zoo for a total not-to-exceed amount of
$449,464. Environmental Review: CEQA Exemption 15301.
MOTION: Council Member Cormack moved, seconded by Council Member Stone to approve an
amendment (Attachment A) to the professional services agreement (C21180078) with Blue
Rhino Studios, Inc. to increase the contract in the amount of $234,758 for a total not to exceed
amount of $449,464 for fabrication of dinosaur sculptures and exhibits for the Palo Alto Junior
Museum & Zoo (JMZ) “California Dinosaur Garden” Exhibition Project, Capital Improvement
Program Project AC-18001.
MOTION PASSED: 7-0
10. PUBLIC HEARING/LEGISLATIVE: Adoption of Amendments to Palo Alto Municipal Code
Chapter 18.09, Accessory and Junior Accessory Dwelling Units due to State Law Changes
and Direction from the California Department of Housing and Community Development.
Environmental Assessment: Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA
Guidelines sections 15061(b)(3), 15301, 15302 and 15305. Planning and Transportation
Commission Recommended Approval of the Ordinance.
MOTION: Council Member Cormack moved, seconded by Mayor Burt to adopt Ordinance
5574 amending Palo Alto Municipal Code Title18 (Zoning) regulations for Accessory Dwelling
Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to reflect changes in state law and
direction from the California Department of Housing and Community Development (HCD).
MOTION PASSED 7-0
11. Approval of Response to the Grand Jury Report "If You Only Read the Ballot, You're Being
Duped"
MOTION: Council Member Cormack moved, seconded by Mayor Burt to approve the proposed
ITEM 1
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DRAFT ACTION MINUTES
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Draft Action Minutes: 12/12/2022
response to the Santa Clara County Civil Grand Jury Report entitled, “If You Only Read the Ballot,
You’re Being Duped,” dated October 7, 2022.
MOTION PASSED: 7-0
12. Colleagues Memo From Council Members Dubois, Kou, And Stone Regarding: Whole
Home Short Term Rentals
MOTION: Council Member DuBois moved, seconded by Council Member Stone that Council
refers discussion to Policy and Services to evaluate specific recommendations regarding Short
Term Rentals (STR) including:
1) Recommend an Option:
a) Enforce current ban on STR and update penalties
OR
b) Update ordinance to allow owner occupied STR and establish registration and
enforcement requirements
2) With consideration of the following:
a) Consider including STR in current rental registry efforts
b) For multi-listing professional hosts consider requiring business registration in
updated business registry process
c) Evaluate means of enforcement and opportunities to minimize costs by
Considering technology opportunities. (automated capture, address
determination, enforcement letters, etc.)
d) Determine if we can get RHNA credit for more long-term housing
e) Ordinance update if needed
f) Implement enforcement as required
MOTION PASSES: 5-2, Cormack, Tanaka no
Council Member Questions, Comments and Announcements
Adjournment: The meeting was adjourned at 9:08 P.M.
ITEM 1
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DRAFT ACTION MINUTES
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(Sp.) City Council Meeting
Draft Action Minutes: 12/12/2022
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are available on the City’s
website.
ITEM 1
December 12, 2022 Draft Minutes
Item 1: Page 6 Packet Page 9 of 175
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 5
Special Meeting
December 19, 2022
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual
teleconference at 5:00 P.M.
Present In Person: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka
Present Remotely: None
Absent: None
CALL TO ORDER
SPECIAL ORDERS OF THE DAY
1. Resolution Expressing Appreciation to Michael Nafziger Upon his Retirement
2. Resolution Expressing Appreciation to Dinaa Alcocer Upon her Retirement
3. Resolution Expressing Appreciation to Kim Roderick Upon her Retirement
4. Resolution Expressing Appreciation to Brian Baggot Upon his Retirement
Agenda Changes, Additions and Deletions
Item 17 was removed from the agenda.
Public Comment
Consent Calendar
Council Member Kou, Burt, Tanaka requested to pull Agenda Item Number 8, AA1 and they were
removed from consideration.
Council Member Tanaka registered a no vote on Agenda Item Number 7, 9, 14, 15.
MOTION: Council Member Dubois moved, seconded by Council Member Cormack to approve
Consent Agenda Item Numbers 5-7, 9-18.
MOTION SPLIT FOR THE PURPOSE OF VOTING
ITEM 1
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Draft Action Minutes: 12/19/2022
MOTION PASSED ITEMS 7, 9, 14, 15: 6-1 Tanaka no
MOTION PASSED ITEMS 5, 6, 10-13,16-18: 7-0
5. Approve Minutes from the November 28 and December 5, 2022 City Council Meetings
6. Approval of Construction Contract With Adams Pool Solutions (C23185733), in the Total
not to Exceed Amount of $534,838 for the Rinconada Lap Pool and Children’s Pool Re-plaster
Project ($486,217) and Authorization of Contract Contingency ($48,621); Funded in the Building
Systems Improvements Capital Improvement Project (PF-01003)
7. Adoption of a revised Management and Professional Employees Compensation Plan and
salary schedule, effective December 31, 2022 through June 30, 2025
8. Finance Committee Recommends the City Council Adopt a Resolution Amending the E-
HRA (Electric Hydro Rate Adjuster) Rate Schedule, Increasing the Current E-HRA Rate to
$0.048/kWh Effective January 1, 2023 (pulled from consideration)
9. Approval of a Professional Services Agreement with Woodard & Curran (C23185763) for
the Amount of $486,000 Over a 5-year Term for Regulatory Compliance Assistance to the
Regional Water Quality Control Plant
10. Approval of Professional Services Contract Amendment Number 2 with Buildingeye
(S19174467) to add $123,410 for a Not-to-Exceed Amount of $353,410 and Extend the Contract
for Two Years to Provide Visualization of Data for Building Permits, Planning Entitlements and
Code Enforcement Activities
11. Approval of Contract with Urban Rock Design (C23186954) not-to-exceed $99,000 for
Public Art Associated with the Boulware Park Renovation and Expansion
12. Adoption of Updated Salary Schedules for Limited Hourly (HRLY) and Service Employee
International Union Hourly (SEIU-H) Employee Groups in Accordance with the City of Palo Alto
Minimum Wage Ordinance
13. Adoption of Resolution 10087 of Weeds to be a Public Nuisance and Setting February 27,
2023 for a Public Hearing for Objections to the Proposed Weed Abatement
14. Approval of Amendment No. 3 with SWA Services Group, Inc. (SWA) Contract No.
C18168154 to Increase Compensation by $1,339,900 for a New Total Not to Exceed Amount of
$13,612,443, and to Extend the Contract Term by Six Months, for Janitorial Services.
15. Approval of Contract With Woodard & Curran, Inc. (C23186176) in a Total Amount Not to
Exceed $3,151,500 for Program Management Services for Projects Under the Long-Range
Facilities Plan of the Regional Water Quality Control Plant – Capital Improvement Program Project
WQ- 10001
ITEM 1
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DRAFT ACTION MINUTES
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(Sp.) City Council Meeting
Draft Action Minutes: 12/19/2022
16. Approve and Authorize the City Manager to Execute a 5-year General Services Agreement
With Bosco Oil, Inc. in an Amount Not-to-Exceed $4,801,445 for the Purchase of Unleaded and
Diesel Fuels to Supply the City's Fleet and approve a budget amendment in the Vehicle
Replacement and Maintenance Fund
17. Approval of Contract C23186719 (Attachment A) with CivicPlus, LLC for CivicRec
Recreation Management Software for a Period of Six Years in an Amount of $735,065 (Including
a 5% Contingency for Additional Services Amount of $29,229). Late Packet Report
18. Adoption of Resolution 10088 Declaring the Results of the Consolidated Municipal
Election Held on November 8, 2022
AA1. Adoption of a Resolution Increasing the Gas Monthly Market-Based Commodity Rate Cap
From $2.00 Per Therm to $4.00 Per Therm by Amending Utility Rate Schedules G-1 (Residential
Gas Service), G-2 (Residential Master-Metered and Commercial Gas Service), G-3 (Large
Commercial Gas Service), and G 10 (Compressed Natural Gas Service) (pulled from Consideration)
City Manager Shikada reported that staff will address the pulled items, preceding Item 19
City Manager Comments
Mayor’s End of Year Comments
Action Items
8. Finance Committee Recommends the City Council Adopt a Resolution Amending the E-
HRA (Electric Hydro Rate Adjuster) Rate Schedule, Increasing the Current E-HRA Rate to
$0.048/kWh Effective January 1, 2023
MOTION: Council Member Cormack moved, seconded by Council Member Filseth to adopt
Resolution 10089 Amending the Electric Hydro Rate Adjuster rate schedule (EHRA), Increasing
the Current E-HRA Rate to $0.048/kWh Effective January 1, 2023, to reflect current hydrological
conditions and market purchase costs. This would replace the existing EHRA surcharges and
discounts across all levels and increase the current E-HRA rate from $0.013/kWh to $0.048/kWh.
MOTION PASSED: 6-1 Tanaka No
AA1. Adoption of a Resolution Increasing the Gas Monthly Market-Based Commodity Rate Cap
From $2.00 Per Therm to $4.00 Per Therm by Amending Utility Rate Schedules G-1
(Residential Gas Service), G-2 (Residential Master-Metered and Commercial Gas
Service), G-3 (Large Commercial Gas Service), and G 10 (Compressed Natural Gas Service)
ITEM 1
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DRAFT ACTION MINUTES
Page 4 of 5
(Sp.) City Council Meeting
Draft Action Minutes: 12/19/2022
MOTION: Council Member DuBois moved, seconded by Vice Mayor Kou to adopt Resolution
10090 (Attachment A) amending utility rate schedules G-1, G-2, G-3, and G-10 to raise the upper
limit on the monthly market-based commodity component from $2.00 per therm to $4.00 per
therm effective January 1, 2023.
MOTION PASSED: 6-1 Tanaka No
19. 1237 San Antonio Road [22PLN-0013], Project Known as Palo Alto Homekey:
Recommendation for a Comprehensive Plan Amendment for the Northwest Portion of
the Site Changing the Land Use Map Designation from "Public Conservation Land" (CL) to
"Major Institution Special Facilities" (MISP) to Create Alignment Between the Existing Use
and Its Designation
MOTION: Council Member Stone moved, seconded by Vice Mayor Kou to adopt Resolution
10091 amending the Comprehensive Plan land use designation at 1237 San Antonio Road from
Public Conservation Land (CL) to Major Institution/Special Facilities (MISP) to create an alignment
between the existing use and its designation.
MOTION PASSED: 7-0
20. Staff and the Utilities Advisory Commission (UAC) Recommend the City Council Approve
Option 2 for Building Fiber-to-the-Premises (FTTP) Under a Phased Approach
MOTION: Council Member DuBois moved, seconded by Vice Mayor Kou to:
1. Move Forward with Option 2 to build the First phase of Fiber-to-the premises (FTTP)
without a revenue bond
2. Maximize number of homes and businesses passed
3. As part of the marketing plan, consider promotional rates to increase take rate
4. Define leading indicators and metrics to determine success
5. If metrics are positive, recommend that Council accelerate expansion, including a
potential bond in order to streamline construction and compress the overall construction
time as much as feasible
MOTION PASSED:6-1
21. Review and Adoption of the Policy and Services Committee Recommendations on the
Revised Council Procedures and Protocols Handbook
ACTION: No action taken
ITEM 1
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DRAFT ACTION MINUTES
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(Sp.) City Council Meeting
Draft Action Minutes: 12/19/2022
Council Member Questions, Comments and Announcements
Adjournment: The meeting was adjourned at 11:41 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are available on the City’s
website.
ITEM 1
December 19, 2022 Draft Minutes
Item 1: Page 11 Packet Page 14 of 175
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 3
Regular Meeting
January 9, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual
teleconference at 6:00P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker
Present Remotely: None
Absent: None
OATH OF OFFICE
City Clerk Lesley Milton provided the Oath of Office to the three new Council Members Lauing,
Lythcott-Haims, Veenker
1. Nomination of Mayor
NOMINATION: Council Members Stone and Tanaka nominated Council Member Kou for Mayor
for 2023.
NOMINATION FOR COUNCIL MEMBER KOU AS MAYOR FOR 2023 PASSED: 7-0
2. Nomination of Vice Mayor
NOMINATION: Council Members Veenker, Lauing nominated Council Member Stone for Vice
Mayor for 2023.
NOMINATION: Council Members Lythcott Haims nominated Council Member Tanaka for Vice
Mayor for 2023.
ITEM 1
January 9, 2023 Draft Minutes
Item 1: Page 12 Packet Page 15 of 175
DRAFT ACTION MINUTES
Page 2 of 3
(Sp.) City Council Meeting
Draft Action Minutes: 1/9/2023
First Round of voting for the position of Vice Mayor with term ending December 31, 2023.
Voting For:
Greer Stone
Greg Tanaka
Kou, Stone, Burt, Lauing, Veenker
Tanaka, Lythcott-Haims
NOMINATION FOR COUNCIL MEMBER STONE AS VICE MAYOR FOR 2023 PASSED: 5-2
3. Resolution Expressing Appreciation For Outstanding Public Service To Alison Cormack As
Council Member
MOTION: Council Member Burt, seconded by Mayor Kou to adopt the resolution recognizing
Council Member Cormack for her outstanding public service as Council Member.
MOTION PASSES: 7-0
4. Resolution Expressing Appreciation For Outstanding Public Service To Tom DuBois As Council
Member
MOTION: Council Member Lauing, seconded by Council Member Burt to adopt the resolution
recognizing Council Member DuBois for his outstanding public service as Council Member.
MOTION PASSES: 7-0
5. Resolution Expressing Appreciation For Outstanding Public Service To Eric Filseth As Council
Member
MOTION: Vice Mayor Stone, seconded by Council Member Lauing to adopt the resolution
recognizing Council Member Filseth for his outstanding public service as Council Member.
MOTION PASSES: 7-0
ITEM 1
January 9, 2023 Draft Minutes
Item 1: Page 13 Packet Page 16 of 175
DRAFT ACTION MINUTES
Page 3 of 3
(Sp.) City Council Meeting
Draft Action Minutes: 1/9/2023
6. Resolution Expressing Appreciation For Outstanding Public Service To Pat Burt as 2022 Mayor
MOTION: Vice Mayor Stone, seconded by Council Member Veenker to adopt the resolution
recognizing Council Member Burt for his outstanding public service as Mayor in 2022
MOTION PASSES: 7-0
AA1. Discussion of the City’s Response to Recent Storms
Public Comment
Adjournment: The meeting was adjourned at 9:46 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council
found action minutes and the video/audio recordings of Council proceedings to be the official
records of both Council and committee proceedings. These recordings are available on the City’s
website.
ITEM 1
January 9, 2023 Draft Minutes
Item 1: Page 14 Packet Page 17 of 175
CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: IT Department
Meeting Date: January 30, 2023
TITLE
Approval of Amendment Number One (1) with Insight Public Sector, C20177991 Extending the
Term by Three Years and Compensation by $1,686,615 Utilizing a Riverside County Agreement
for Citywide Microsoft Licensing and Approve a Contingency in the Amount of $100,000
Annually, for a new Total Not-to-Exceed Contract Amount to $3,628,317; CEQA Status—not a
project
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or designee to execute
the following:
1. Amendment 1 to Contract C20177991 extending the contract by three years with Insight
Public Sector for the City’s Microsoft infrastructure and cloud licensing and support in
the amount of $1,686,615, (Attachment A).
2. Authorize a contingency in the amount of $100,000 annually ($300,000 total) for the
purchase of additional Microsoft licensing for growing business requirements.
EXECUTIVE SUMMARY
The Microsoft products and services outlined in the agreement are required to operate the
City’s email system, collaboration suite, and data centers. Microsoft solutions are critical to the
daily operations and cybersecurity of the City.
Microsoft requires all licenses governed by an Enterprise License Agreement (ELA) to be
purchased through an authorized Licensing Solution Partner (LSP). Insight Public Sector is an LSP
who entered into a Software Cooperative Purchasing Agreement with the County of Riverside,
which extends guaranteed pricing for Microsoft products and services from a competitively bid
master agreement to municipal governments.
The County of Riverside Enterprise Licensing Agreement for Microsoft 365 provides the City the
highest available discounts and is available to all local jurisdictions in California.
ITEM 2
Item 2 Staff Report
Item 2: Page 1 Packet Page 18 of 175
This new contract with Insight Public Sector is exempt from competitive solicitation
requirements under Palo Alto Municipal Code (PAMC) section 2.30.360(k) (exemption from
competitive solicitation requirements by use of another governmental or public agency’s
contract) as (1) the services are solicited using methods substantially similar to those used by
the City; and (2) the contract is consistent with the requirements specified in this Municipal
Code.
BACKGROUND
1 Council approved Microsoft G3 (Contract No. C2017799), data and
server licensing with Insight Public Sector which expires on January 31, 2023. Amendment No. 1
will extend the term by three additional years, through January 31, 2026. The original terms
and conditions for use of the County of Riverside’s contract remain unchanged. This contract,
#PSA-0001526/RIVCO-2020-RFQ-0000048 and its Amendment No. 1 to the Licensing Solution
Provider Agreement, are included in CMR 10946.
DISCUSSION
1 City Council, February 24, 2020 Item #7, CMR 10946:
ITEM 2
Item 2 Staff Report
Item 2: Page 2 Packet Page 19 of 175
•Implemented Microsoft Teams for collaboration and communication that has integrated
virtual conferencing and phone services, which were heavily utilized during the
pandemic and continue to be a critical tool for the modern workforce.
•Built out various online services to communicate COVID-19 and other emergency
related information via dashboards, portals, and various online forms.
•Utilized Microsoft's scheduling platform for virtual and on-premise customer
appointments.
•Implemented new cybersecurity controls and technologies to improve protections to
the City's computing infrastructure and data; and
•Implemented cloud-based data backup across all systems to increase resiliency,
redundancy and disaster recovery of critical data.
By entering into a new ELA with Microsoft the City will be eligible to leverage Microsoft
products to meet various business needs while standardizing core sets of products across the
organization for easier management, compatibility, and support. Benefits include:
•Volume discounting and discounts on future licensing renewals.
•Simplified management to track and manage centralized software licenses.
•Priority support from Microsoft for quick resolution of technical issues raised by staff.
•Compliance with Microsoft’s licensing requirements for City use of Microsoft products.
•Guaranteed product upgrades to newer versions.
The City anticipates continuing to increase its investment in Microsoft technologies for the
City's technology needs. Examples of projects and initiatives that are expected to leverage the
Microsoft platforms and utilize/expand the Microsoft ELA during the next 3-year term include:
•Mobile device management to secure and manage devices used by remote workers and
field staff.
•Data loss prevention technologies to reduce the risks of exposing protected information
and to remain compliant with Health Insurance Portability and Accountability Act
(HIPAA) and Payment Card Industry Data Security Standard (PCI DSS) requirements.
•Office365 and OneDrive expansion to enhance collaboration, data storage, and sharing
capabilities enterprise wide.
•Increase the resiliency and availability of core IT services in the event of a disaster.
Staff recommends utilization of this agreement with Insight Public Sector for Microsoft
software licensing and services. Foregoing the contract renewal would have a negative fiscal
impact as future versions of Microsoft products will need to be purchased new. Additionally,
without an ELA the City would not benefit from license entitlements it currently receives and
which are only available to ELA customers.
ITEM 2
Item 2 Staff Report
Item 2: Page 3 Packet Page 20 of 175
RESOURCE IMPACT
2. Approximately 60% of the department is General Fund funded with the
remaining 40% funded by enterprise and special revenue funds.
Original Contract $ 1,641,702
Amended Contract $ 1,686,615
Subtotal:$ 3,328,317
Contingency $ 300,000
Total Contract Not-to-Exceed $ 3,628.317
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
2 A fund that primarily provides either benefits or goods or services and is used to track those goods or services
shifted between departments on a cost reimbursement basis. Other funds, departments, or agencies of the
government organization are charged on a cost-reimbursement basis, with the goal to ‘break-even.’
ITEM 2
Item 2 Staff Report
Item 2: Page 4 Packet Page 21 of 175
1 of 5 1/19/2023
City of Palo Alto
Date:January 11, 2023 Robertson, Christopher
Enrollment:68000857 (480) 409-6775
Contract:PSA-0001526/RIVCO-2020-RFQ-0000048
http://www.insight.com/azureterms
Customer understands and acknowledges that it is obtaining the software Products directly from Microsoft Corporation and that Insight provides no warranty to
Customer covering the Products purchased hereunder. All warranties relating to such Products are granted solely by Microsoft Corporation.
Confidential.Cover Thank you for the opportunity to quote.
ITEM 2
Attachment A Contract Renewal MSEA
Item 2: Page 5 Packet Page 22 of 175
1/19/2023 Page 2 of 5
City of Palo Alto
Quotation:0123-CityofPaloAlto_Preliminary_Renewal-MSEA-FA
Date:January 11, 2023
Enrollment:68000857
Contract:PSA-0001526/RIVCO-2020-RFQ-0000048
Part Number Item Name Level Purchase Period Pool Product Type Quantity Unit Price
Additional Products
9GS-00135 CIS Suite Datacenter Core ALng SA 2L D Added at Signing Servers Software Assurance 24 165.39$ 3,969.36$
9GA-00313 CIS Suite Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 248 35.42$ 8,784.16$
359-00961 SQL CAL ALng SA User CAL D Added at Signing Servers Software Assurance 1000 37.36$ 37,360.00$
810-04760 SQL Server Enterprise ALng SA D Added at Signing Servers Software Assurance 15 1,537.73$ 23,065.95$
228-04433 SQL Server Standard ALng SA D Added at Signing Servers Software Assurance 12 160.68$ 1,928.16$
9EP-00208 System Center DC Core ALng SA 2L D Added at Signing Servers Software Assurance 56 48.84$ 2,735.04$
9EN-00198 System Center Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 304 17.89$ 5,438.56$
QEJ-00003 Visual Studio Ent with GitHub ALng SA D Added at Signing Applications Software Assurance 2 1,066.94$ 2,133.88$
QEK-00003 Visual Studio Pro with GitHub ALng SA D Added at Signing Applications Software Assurance 1 305.64$ 305.64$
6VC-01254 Win Remote Desktop Services CAL ALng SA UCAL D Added at Signing Servers Software Assurance 20 23.58$ 471.60$
9EA-00278 Win Server DC Core ALng SA 2L D Added at Signing Servers Software Assurance 140 125.25$ 17,535.00$
9EM-00270 Win Server Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 560 19.22$ 10,763.20$
Year 1 On-Premise Total:114,490.55$
Year 1 Subscriptions Total:447,714.22$
Additional Products
9GS-00135 CIS Suite Datacenter Core ALng SA 2L D Added at Signing Servers Software Assurance 24 165.39$ 3,969.36$
9GA-00313 CIS Suite Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 248 35.42$ 8,784.16$
359-00961 SQL CAL ALng SA User CAL D Added at Signing Servers Software Assurance 1000 37.36$ 37,360.00$
810-04760 SQL Server Enterprise ALng SA D Added at Signing Servers Software Assurance 15 1,537.73$ 23,065.95$
228-04433 SQL Server Standard ALng SA D Added at Signing Servers Software Assurance 12 160.68$ 1,928.16$
9EP-00208 System Center DC Core ALng SA 2L D Added at Signing Servers Software Assurance 56 48.84$ 2,735.04$
9EN-00198 System Center Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 304 17.89$ 5,438.56$
QEJ-00003 Visual Studio Ent with GitHub ALng SA D Added at Signing Applications Software Assurance 2 1,066.94$ 2,133.88$
QEK-00003 Visual Studio Pro with GitHub ALng SA D Added at Signing Applications Software Assurance 1 305.64$ 305.64$
6VC-01254 Win Remote Desktop Services CAL ALng SA UCAL D Added at Signing Servers Software Assurance 20 23.58$ 471.60$
9EA-00278 Win Server DC Core ALng SA 2L D Added at Signing Servers Software Assurance 140 125.25$ 17,535.00$
9EM-00270 Win Server Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 560 19.22$ 10,763.20$
Year 2 On-Premise Total:114,490.55$
Year 2 Subscriptions Total:447,714.22$
Additional Products
9GS-00135 CIS Suite Datacenter Core ALng SA 2L D Added at Signing Servers Software Assurance 24 165.39$ 3,969.36$
9GA-00313 CIS Suite Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 248 35.42$ 8,784.16$
359-00961 SQL CAL ALng SA User CAL D Added at Signing Servers Software Assurance 1000 37.36$ 37,360.00$
810-04760 SQL Server Enterprise ALng SA D Added at Signing Servers Software Assurance 15 1,537.73$ 23,065.95$
228-04433 SQL Server Standard ALng SA D Added at Signing Servers Software Assurance 12 160.68$ 1,928.16$
9EP-00208 System Center DC Core ALng SA 2L D Added at Signing Servers Software Assurance 56 48.84$ 2,735.04$
9EN-00198 System Center Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 304 17.89$ 5,438.56$
QEJ-00003 Visual Studio Ent with GitHub ALng SA D Added at Signing Applications Software Assurance 2 1,066.94$ 2,133.88$
QEK-00003 Visual Studio Pro with GitHub ALng SA D Added at Signing Applications Software Assurance 1 305.64$ 305.64$
Confidential.EA At Signing Thank you for the opportunity to quote.
ITEM 2
Attachment A Contract Renewal MSEA
Item 2: Page 6 Packet Page 23 of 175
1/19/2023 Page 3 of 59EA-00278 Win Server DC Core ALng SA 2L D Added at Signing Servers Software Assurance 140 125.25$ 17,535.00$
9EM-00270 Win Server Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 560 19.22$ 10,763.20$
Year 3 On-Premise Total:114,490.55$
Year 3 Subscriptions Total:447,714.22$
3 Year Subscriptions Total:1,343,142.66$
3 Year Combined Total:1,686,614.31$
Confidential.EA At Signing Thank you for the opportunity to quote.
ITEM 2
Attachment A Contract Renewal MSEA
Item 2: Page 7 Packet Page 24 of 175
1/19/2023 Page 4 of 5
City of Palo Alto
Quotation:0123-CityofPaloAlto_Preliminary_Renewal-MSEA-FA Subscription Start Date:2/1/2023
January 11, 2023 Subscription End Date:1/31/2026
68000857
PSA-0001526/RIVCO-2020-RFQ-0000048
Year One:12 Months 12
Part Number Item Name Level Purchase Period Pool Product Type Quantity Term Price Extended Price
Enterprise Products
AAD-34700 M365 G3 Unified FSA GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 1100 $319.42 351,362.00$
AAD-34704 M365 G3 Unified FUSL GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 100 $374.43 37,443.00$
AAL-45735 M365 G5 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 5 $606.43 3,032.15$
Additional Products - Commercial Azure
AAA-35418 Azure Monetary Commitment Provision D Non-Specific Applications Monthly Subscriptions-VolumeLicense 1 $0.00 -$
Additional Products
J5U-00004 AzureprepaymentG ShrdSvr ALNG SubsVL MVL Commit Provision D Non-Specific Applications Monthly Subscriptions-VolumeLicense 1 $0.00 -$
3GU-00001 Defender O365 P1 GCC Sub Per User D Non-Specific Applications Monthly Subscriptions-VolumeLicense 30 $18.14 544.20$
3NS-00003 Exchange Online P2 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 150 $72.30 10,845.00$
PEY-00002 GitHub Enterprise Sub Per User D Non-Specific Applications Monthly Subscriptions-VolumeLicense 15 $189.93 2,848.95$
HJR-00002 Power BI Premium EM1 GCC Sub D Non-Specific Servers Monthly Subscriptions-VolumeLicense 1 $5,652.08 5,652.08$
6U1-00004 Power BI Premium USL GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 6 $180.87 1,085.22$
DDJ-00001 Power BI Pro GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 17 $90.31 1,535.27$
7E7-00001 Project P3 FSA GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 100 $230.68 23,068.00$
7VX-00001 Project P5 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 2 $497.38 994.76$
NYH-00001 Teams AC with Dial Out US/CA GCC Sub Add-on D Non-Specific Servers Monthly Subscriptions-VolumeLicense 1200 $0.00 -$
LM9-00001 Teams Domestic Calling Plan GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 2 $127.67 255.34$
VA1-00001 Teams Rooms Pro GCC Sub Per Device D Non-Specific Servers Monthly Subscriptions-VolumeLicense 5 $425.57 2,127.85$
9K4-00003 Visio P2 FSA GCC Sub Per User D Non-Specific Applications Monthly Subscriptions-VolumeLicense 60 $115.34 6,920.40$
12 Month Total:447,714.22$
Enterprise Products
AAD-34700 M365 G3 Unified FSA GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 1100 $319.42 351,362.00$
AAD-34704 M365 G3 Unified FUSL GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 100 $374.43 37,443.00$
AAL-45735 M365 G5 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 5 $606.43 3,032.15$
Additional Products - Commercial Azure
AAA-35418 Azure Monetary Commitment Provision D Non-Specific Applications Monthly Subscriptions-VolumeLicense 1 $0.00 -$
Additional Products
J5U-00004 AzureprepaymentG ShrdSvr ALNG SubsVL MVL Commit Provision D Non-Specific Applications Monthly Subscriptions-VolumeLicense 1 $0.00 -$
3GU-00001 Defender O365 P1 GCC Sub Per User D Non-Specific Applications Monthly Subscriptions-VolumeLicense 30 $18.14 544.20$
3NS-00003 Exchange Online P2 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 150 $72.30 10,845.00$
PEY-00002 GitHub Enterprise Sub Per User D Non-Specific Applications Monthly Subscriptions-VolumeLicense 15 $189.93 2,848.95$
HJR-00002 Power BI Premium EM1 GCC Sub D Non-Specific Servers Monthly Subscriptions-VolumeLicense 1 $5,652.08 5,652.08$
6U1-00004 Power BI Premium USL GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 6 $180.87 1,085.22$
DDJ-00001 Power BI Pro GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 17 $90.31 1,535.27$
7E7-00001 Project P3 FSA GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 100 $230.68 23,068.00$
7VX-00001 Project P5 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 2 $497.38 994.76$
NYH-00001 Teams AC with Dial Out US/CA GCC Sub Add-on D Non-Specific Servers Monthly Subscriptions-VolumeLicense 1200 $0.00 -$
LM9-00001 Teams Domestic Calling Plan GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 2 $127.67 255.34$
VA1-00001 Teams Rooms Pro GCC Sub Per Device D Non-Specific Servers Monthly Subscriptions-VolumeLicense 5 $425.57 2,127.85$
9K4-00003 Visio P2 FSA GCC Sub Per User D Non-Specific Applications Monthly Subscriptions-VolumeLicense 60 $115.34 6,920.40$
12 Month Total:447,714.22$
Enterprise Products
AAD-34700 M365 G3 Unified FSA GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 1100 $319.42 351,362.00$
AAD-34704 M365 G3 Unified FUSL GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 100 $374.43 37,443.00$
AAL-45735 M365 G5 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 5 $606.43 3,032.15$
Additional Products - Commercial Azure
AAA-35418 Azure Monetary Commitment Provision D Non-Specific Applications Monthly Subscriptions-VolumeLicense 1 $0.00 -$
Additional Products
J5U-00004 AzureprepaymentG ShrdSvr ALNG SubsVL MVL Commit Provision D Non-Specific Applications Monthly Subscriptions-VolumeLicense 1 $0.00 -$
Confidential.EA Monthly Subscriptions Thank you for the opportunity to quote.
ITEM 2
Attachment A Contract Renewal MSEA
Item 2: Page 8 Packet Page 25 of 175
1/19/2023 Page 5 of 53GU-00001 Defender O365 P1 GCC Sub Per User D Non-Specific Applications Monthly Subscriptions-VolumeLicense 30 $18.14 544.20$
3NS-00003 Exchange Online P2 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 150 $72.30 10,845.00$
PEY-00002 GitHub Enterprise Sub Per User D Non-Specific Applications Monthly Subscriptions-VolumeLicense 15 $189.93 2,848.95$
HJR-00002 Power BI Premium EM1 GCC Sub D Non-Specific Servers Monthly Subscriptions-VolumeLicense 1 $5,652.08 5,652.08$
6U1-00004 Power BI Premium USL GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 6 $180.87 1,085.22$
DDJ-00001 Power BI Pro GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 17 $90.31 1,535.27$
7E7-00001 Project P3 FSA GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 100 $230.68 23,068.00$
7VX-00001 Project P5 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 2 $497.38 994.76$
NYH-00001 Teams AC with Dial Out US/CA GCC Sub Add-on D Non-Specific Servers Monthly Subscriptions-VolumeLicense 1200 $0.00 -$
LM9-00001 Teams Domestic Calling Plan GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 2 $127.67 255.34$
VA1-00001 Teams Rooms Pro GCC Sub Per Device D Non-Specific Servers Monthly Subscriptions-VolumeLicense 5 $425.57 2,127.85$
9K4-00003 Visio P2 FSA GCC Sub Per User D Non-Specific Applications Monthly Subscriptions-VolumeLicense 60 $115.34 6,920.40$
12 Month Total:447,714.22$
36 Month Total:1,343,142.66$
Confidential.EA Monthly Subscriptions Thank you for the opportunity to quote.
ITEM 2
Attachment A Contract Renewal MSEA
Item 2: Page 9 Packet Page 26 of 175
CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: January 30, 2023
TITLE
SECOND READING: Adoption of Amendments to Palo Alto Municipal Code Chapter 18.09,
Accessory and Junior Accessory Dwelling Units due to State Law Changes and Direction from
the California Department of Housing and Community Development. Environmental
Assessment: Exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3),
15301, 15302 and 15305. Planning and Transportation Commission Recommended Approval of
the Ordinance.
BACKGROUND
This was heard by the City Council on December 12, 2022 for a first reading and was approved
7-0. No changes were made to the Ordinance; it is now before you for a second reading.
ATTACHMENTS
Attachment A: Ordinance Amending Title 18 (Zoning) of the PAMC to Amend Requirements
Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units
Report #: 2301-0802
ITEM 3
Item 3 Staff Report
Item 3: Page 1 Packet Page 27 of 175
*NOT YET APPROVED*
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of
the Palo Alto Municipal Code to Amend Requirements Relating to Accessory
Dwelling Units and Junior Accessory Dwelling Units
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Housing in California is increasingly unaffordable. In 2017, the average California
home cost about 2.5 times the national average home price and the monthly rent
was 50% higher than the rest of the nation. Rents in San Francisco, San Jose,
Oakland, and Los Angeles are among the top 10 most unaffordable in the nation.
B. Housing in Palo Alto is especially unaffordable. The average Palo Alto home
currently costs about 8 times the national average home price and the monthly
rent is about 2.5 times the national average.
C. Palo Alto has a jobs/housing imbalance. When addressing this imbalance, the City
must not only provide housing but also ensure affordability.
D. Assembly Bill (“AB”) 2221 and Senate Bill (“SB”) 897 (“State ADU Law”) pertain to
accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) and
were approved by the California Legislature in 2022 and signed by the Governor on
September 30, 2022. These bills, codified primarily in California Government Code
sections 65952.2 and 65952.22, are intended to spur the creation of lower cost
housing by easing regulatory barriers to the creation of ADUs and JADUs. The City
adopted Ordinance 5507 (now Palo Alto Municipal Code Chapter 18.09), which
brought the City’s municipal code into conformance with state laws AB 68, 587, 671
and 881, and SB 13.
• SB 897 allows two-story ADUs in some places, prevents local governments
from posting unnecessary notices, and prevents a local government from
changing the Group R occupancy status as that relates to building codes,
among other important changes.
• AB 2221 adds front setbacks to the list of standards that must give way to
permit an 800sf ADU, establishes a 60-day timeline for complete review of
ADUs that are denied, and makes other important changes.
E. This ordinance is adopted to incorporate changes in state law that have occurred
since the adoption of Ordinance 5507, respond to comments the City has received
from the California Department of Housing and Community Development regarding
its ADU regulations, respond to additional policies advocated by members of the
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 2 Packet Page 28 of 175
*NOT YET APPROVED*
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public, and issues staff has noticed when reviewing permits. This ordinance is also
adopted to establish a program for deed-restricted affordable ADU/JADUs.
SECTION 2. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of
Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as follows
(additions underlined and deletions struck-through):
18.09.010 Purpose
The intent of this Chapter is to provide regulations to accommodate accessory and
junior accessory dwelling units (ADU/JADU), in order to provide for variety to the city's
housing stock and additional affordable housing opportunities. These units shall be
separate, self-contained living units, with separate entrances from the main residence,
whether attached or detached. The standards below are provided to minimize the
impacts of units on nearby residents and throughout the city, and to assure that the
size and location of such dwellings is compatible with the existing or proposed
residence(s) on the site and with other structures in the area.
18.09.020 Applicable Zoning Districts
The establishment of an accessory dwelling unit is permitted in zoning districts when
single-family or multi-family residential is a permitted land use. The development of a
single-family home, ADU, and/or a JADU on a lot that allows for single-family
development shall not be considered a multifamily development pursuant to PAMC
Section 18.04.030, nor shall they require Architectural Review pursuant to other
sections of Chapter 18.
18.09.030 Units Exempt from Generally Applicable Local Regulations
(a) Government Code section 65852.2, subdivision (e) provides that certain units shall
be approved notwithstanding state or local regulations that may otherwise apply.
The following types of units shall be governed by the standards in this section. In the
event of a conflict between this section and Government Code section 65852.2,
subdivision (e), the Government Code shall prevail.
i. An ADU and or JADU within the existing space of a single-family dwelling or
an ADU within the existing space of an accessory structure (i.e. conversion
without substantial addition).
ii. An ADU and or JADU within the proposed space of a single-family dwelling.
iii. A detached, new construction ADU on a lot with a proposed or existing
single-family dwelling, provided the ADU does not exceed 800 square feet,
sixteen feet in height, or four-foot side and rear (i.e. interior) setbacks.
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 3 Packet Page 29 of 175
*NOT YET APPROVED*
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iv. ADUs created by conversion of portions of existing multi-family dwellings not
used as livable space.
v. Up to two detached ADUs on a lot with an existing multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in
Table 1. Regulations set forth in section 18.09.040 do not apply to units created
under 18.09.030. The minimum and maximum sizes indicated in Table 1 do not
prohibit units that are greater than 800 square feet. These sizes simply serve to
distinguish when a unit transitions from regulations set forth in Table 1 and section
18.09.030 to regulations set forth in Table 2 and section 18.09.040.
Table 1: Development Standards for Units Described in Government Code Section 65852.2(e)
Space Within an
the Existing
Space of a
Single-Family
Home or
Accessory
Attached ADU
Within the
Proposed Space
of a Proposed
Single-Family
Home
Construction of
Detached ADU
Non-Habitable
Space Within
Existing Multi-
family Dwelling
Structure
Construction of
Detached(4) ADU
of Units
1 ADU and 1 JADU existing units 2
(1) 150 sf
(1) N/A2 800 sf N/A
Setbacks
N/A, if condition
is sufficient for
fire and safety
standard for
Single Family
Home
(ADU must be
within
allowable space
of Single-Family
(7)
and rear lot
lines;
underlying
zoning for front
N/A
4 feet from side
and rear lot
lines; underlying
zoning for front
setback
N/A N/A
(3) N/A 16(5)3 N/A 16(4)(5)(6)
65852.2(e)(1)(A) 65852.2(e)(1)(A) 65852.2(e)(1)(B) 65852.2(e)(1)(C) 65852.2(e)(1)(D)
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 4 Packet Page 30 of 175
*NOT YET APPROVED*
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(1) Lofts where the height from the floor level to the underside of the rafter or finished roof
surface is 5' or greater shall count towards the unit’s floor area.
(2) New construction must be consistent with allowable space (e.g. FAR, Lot Coverage) of a
single family residence, except that Uup to 150 sf may be added for the purpose of
ingress and egress only, without regard to underlying zone standards.
(3) Units built in a flood zone are not entitled to any height extensions granted to the
primary dwelling.
(4) Units must be detached from existing primary dwellings but may be attached to each
other.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single
family or multifamily dwelling unit that is within one-half of one mile walking distance of
a major transit stop or a high-quality transit corridor, as those terms are defined in
Section 21155 of the Public Resources Code. An additional two feet in height shall be
provided to accommodate a roof pitch on an ADU that is aligned with the roof pitch of
the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
A height of 25 feet or the height limitation in the underlying zone district that applies to the
primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. These
ADUs shall not exceed two stories in height.
(c) Development standards stated elsewhere in this Section or Title 18, including
standards related to FAR, lot coverage, and privacy, are not applicable to ADUs or
JADUs that qualify for approval under this section.
(d) The establishment of accessory dwelling units and junior accessory dwelling units
pursuant to this section shall not be conditioned on the correction of non-
conforming zoning conditions; provided, however, that nothing in this section shall
limit the authority of the Chief Building Official to require correction of building
standards relating to health and safety.
(e) The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence. Nothing in this section shall
preclude the Fire Marshal from accepting fire sprinklers as an alternative means of
compliance with generally applicable fire protection requirements.
(f) Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
(g) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, attached units shall not have an interior
access point to the primary dwelling (e.g. hotel door or other similar
feature/appurtenance).
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 5 Packet Page 31 of 175
*NOT YET APPROVED*
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0160097_20230119_ay16
(h) Conversion of an existing accessory structure pursuant to Government Code section
65852.2(e)(1)(A) may include reconstruction in-place of a non-conforming structure,
so long as the renovation of reconstruction does not increase the degree of non-
compliance, such as increased height, envelope, or further intrusion into required
setbacks.
(i) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(j) The unit shall not be sold separately from the primary residence.
(k) Replacement parking is not required when a garage, carport, or covered parking
structure is converted to, or demolished in conjunction with the construction of, an
ADU.
(l) JADUs shall comply with the requirements of Section 18.09.050.
18.09.040 Units Subject to Local Standards
(a) This section shall govern applications for ADUs and JADUs that do not qualify for
approval under section 18.09.030 and for which the City may impose local standards
pursuant to Government Code section 65852.2, subdivisions (a) through (d). Nothing
in this section shall be interpreted to prohibit an ADU of up to 800 square feet, at
the heights stated in Table 2, with a four foot side and rear setbacks.
(b) The Development Standards for units governed by this section are provided in Table
2. These regulations do not limit the height of existing structures converted into
ADU/JADUs unless the envelope of the building is proposed to be modified beyond
any existing legal, non-conforming condition.
Table 2: All other Units
Attached Detached JADU
Number of Units
Allowed1 1 1
Maximum size
or more bedrooms);
no more than 50% of
the size of the single-
900 sf (1,000 sf for
two or more
bedrooms)
500 sf
Setbacks 4 feet from side and rear lot lines;
underlying zone standard for front setback
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 6 Packet Page 32 of 175
*NOT YET APPROVED*
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0160097_20230119_ay16
16 feet(5)(6)(7)
Up to 800 sf(4) Up to 500 sf(4)
(1) An attached or detached ADU may be built in conjunction with a JADU on a lot with an
existing or proposed single family home. One attached or detached ADU may be built in
conjunction with an existing or proposed multifamily building.
(2) Lofts where the height from the floor level to the underside of the rafter or finished roof
surface is 5' or greater shall count towards the unit’s floor area.
(3) Units built in a flood zone are not entitled to any height extensions granted to the
primary dwelling.
(4) Lots with both an ADU and a JADU may exempt a maximum combined total of 800
square feet of the ADU and JADU from FAR, Lot Coverage, and Maximum House Size
calculations.
(5) A height of 18 feet for a detached ADU on a lot with an existing or proposed single
family or multifamily dwelling unit that is within one-half of one mile walking distance of
a major transit stop or a high-quality transit corridor, as those terms are defined in
Section 21155 of the Public Resources Code. An additional two feet in height shall be
provided to accommodate a roof pitch on an ADU that is aligned with the roof pitch of
the primary dwelling unit.
(6) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily,
multistory dwelling.
(7) A height of 25 feet or the height limitation in the underlying zone district that applies to
the primary dwelling, whichever is lower, for an ADU that is attached to a primary
dwelling. These ADUs shall not exceed two stories in height.
(c) A single-family dwelling shall exist on the lot or shall be constructed on the lot in
conjunction with the construction of an ADU/JADU.
(d) ADU and/or JADU square footage shall not be included in FAR, Lot Coverage, and
Maximum House Size calculations for a lot with an existing or proposed single family
home, up to the amounts stated in Table 2. ADU and/or JADU square footage in
excess of the exemptions provided in Table 2 shall be included in FAR, Lot Coverage,
and Maximum House Size calculations for the lot.
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 7 Packet Page 33 of 175
*NOT YET APPROVED*
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0160097_20230119_ay16
(e) Attached units shall have independent exterior access from a proposed or existing
single-family dwelling. Except for JADUs, attached units shall not have an interior
access point to the primary dwelling (e.g. hotel door or other similar
feature/appurtenance).
(f) No protected tree shall be removed for the purpose of establishing an accessory
dwelling unit unless the tree is dead, dangerous or constitutes a nuisance under
Section 8.04.050. Any protected tree removed pursuant to this subsection shall be
replaced in accordance with the standards in the Tree Technical Manual.
(g) For properties listed in the Palo Alto Historic Inventory, the California Register of
Historical Resources, the National Register of Historic Places, or considered a historic
resource after completion of a historic resource evaluation, compliance with the
appropriate Secretary of Interior’s Standards for the Treatment of Historic
Properties shall be required.
(h) Noise-producing equipment such as air conditioners, water heaters, and similar
service equipment. All such equipment shall be insulated and housed, except that
the planning director Director may permit installation without housing and
insulation, provided that a combination of technical noise specifications, location of
equipment, and/or other screening or buffering will assure compliance with the
city’s Noise Ordinance at the nearest property line. All service equipment must meet
the city’s Noise Ordinance in Chapter 9.10 of the Municipal Code.
(i) Setbacks
1. Detached units shall maintain a minimum three-foot distance from the
primary unit, measured from the exterior walls of structures.
2. No basement or other subterranean portion of an ADU/JADU shall encroach
into a setback required for the primary dwelling.
3. Projections, including but not limited to windows, doors, mechanical
equipment, venting or exhaust systems, are not permitted to encroach into
the required setbacks, with the exception of a roof eave of up to 2 feet.
(j) Design
1. Except on corner lots, the unit shall not have an entranceway facing the
same lot line (property line) as the entranceway to the main dwelling unit
unless the entranceway to the accessory unit is located in the rear half of the
lot. Exterior staircases to second floor units shall be located toward the
interior side or rear yard of the property.
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 8 Packet Page 34 of 175
*NOT YET APPROVED*
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0160097_20230119_ay16
2. Privacy
A. Second story doors and decks shall not face a neighboring dwelling
unit. Second story decks and balconies shall utilize screening barriers
to prevent views into adjacent properties. These barriers shall provide
a minimum five-foot, six-inch, screen wall from the floor level of the
deck or balcony and shall not include perforations that would allow
visibility between properties.
B. Second story windows, excluding those required for egress, shall have
a five-foot sill height as measured from the second-floor level, or
utilize obscured glazing on the entirety of the window when facing
adjacent properties. Second story egress windows shall utilize
obscured glazing on the entirety of the windows which face adjacent
properties.
C. Second story windows shall be offset from neighbor’s windows to
maximize privacy.
(k) Parking
1. Replacement parking is not required when a garage, carport, or covered
parking structure is converted to, or demolished in conjunction with the
construction of, an ADU.
2. Replacement parking is required when an existing attached garage is
converted to a JADU. These replacement spaces may be provided as
uncovered spaces in any configuration on the lot including within the front or
street side yard setback for the property.
A. The Director shall have the authority to modify required replacement
parking spaces by up to one foot in width and length upon finding
that the reduction is necessary to accommodate parking in a location
otherwise allowed under this code and is not detrimental to public
health, safety or the general welfare.
B. Existing front and street side yard driveways may be enlarged to the
minimum extent necessary to comply with the replacement parking
requirement above. Existing curb cuts shall not be altered except
when necessary to promote public health, safety or the general
welfare.
3. When parking is provided, the unit shall have street access from a driveway
in common with the main residence in order to prevent new curb cuts,
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 9 Packet Page 35 of 175
*NOT YET APPROVED*
9
0160097_20230119_ay16
excessive paving, and elimination of street trees, unless separate driveway
access will result in fewer environmental impacts such as paving, grading or
tree removal.
4. If covered parking for a unit is provided in any district, the maximum size of the
covered parking area for the accessory dwelling unit is 220 square feet. This
space shall count towards the total floor area for the site but does not
contribute to the maximum size of the unit unless attached to the unit.
(l) Miscellaneous requirements
1. Street addresses shall be assigned to all units prior to building permit final to
assist in emergency response.
2. The unit shall not be sold separately from the primary residence.
3. Rental of any unit created pursuant to this section shall be for a term of 30
days or more.
4. The installation of fire sprinklers shall not be required in an accessory
dwelling unit if sprinklers are not required for the primary residence. Nothing
in this section shall preclude the Fire Marshal from accepting fire sprinklers
as an alternative means of compliance with generally applicable fire
protection requirements.
18.09.050 Additional Requirements for JADUs
(a) A junior accessory dwelling unit shall be created within the walls of an existing or
proposed primary dwelling.
(b) The junior accessory dwelling unit shall include an efficiency kitchen, requiring the
following components: A cooking facility with appliances, and; food preparation
counter and storage cabinets that are of reasonable size in relation to the size of the
junior accessory dwelling unit.
i. A cooking facility with appliances shall mean, at minimum a one burner
installed range, an oven or convection microwave, a 10 cubic foot refrigerator
and freezer combination unit, and a sink that facilitates hot and cold water.
ii. A food preparation counter and storage cabinets shall be of reasonable size in
relation to a JADU if they provide counter space equal to a minimum 24-inch
depth and 36-inch length.
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 10 Packet Page 36 of 175
*NOT YET APPROVED*
10
0160097_20230119_ay16
(c) For the purposes of any fire or life protection ordinance or regulation or for the
purposes of providing service for water, sewer, or power, a junior accessory dwelling
unit shall not be considered a separate or new unit.
(d) The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a
primary residence either the primary dwelling or the junior accessory dwelling.
Owner-occupancy is not required if the owner is a governmental agency, land trust, or
housing organization.
(e) Prior to the issuance of a building permit for a junior accessory dwelling unit, the
owner shall record a deed restriction in a form approved by the city that includes a
prohibition on the sale of the junior accessory dwelling unit separate from the sale of
the single-family residence, requires owner-occupancy consistent with subsection (d)
above, does not permit short-term rentals, and restricts the size and attributes of the
junior dwelling unit to those that conform with this section.
SECTION 3. Section 18.10.030 (Land Uses) of Chapter 18.10 (Low-Density Residential) of Title
18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read (additions underlined,
deletions struck-through, and omissions noted with bracketed ellipses):
18.10.030 Land Uses
Table 1 shows the permitted and conditionally permitted uses for the low-density residential
districts.
TABLE 1
PERMITTED AND CONDITIONALLY PERMITTED LOW-DENSITY RESIDENTIAL USES
[P = Permitted Use -- CUP = Conditional Use Permit Required]
R-E R-2 RMD Subject to
Regulations in:
ACCESSORY AND SUPPORT USES
(1) Sale of Agricultural Products: No permanent commercial structures for the sale or
processing of agricultural products are permitted.
(2) Junior Accessory Dwelling Units in R-2 and RMD Zones: An accessory dwelling unit or a A
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 11 Packet Page 37 of 175
*NOT YET APPROVED*
11
0160097_20230119_ay16
the R-2 or RMD zones is permitted, subject to the provisions of Section 18.42.040, and such
that no more than two units result on the lot.
[. . .]
(4) Two Unit Development Pursuant to California Government Code Section 65852.21 (SB 9,
2021): Construction of two units is permitted on an RE-zoned lot, subject to the regulations in
SECTION 4. Section 18.12.030 (Land Uses) of Chapter 18.12 (Single-Family Residential District)
of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read (additions
underlined, deletions struck-through, and omissions noted with bracketed ellipses):
18.12.030 Land Uses
The permitted and conditionally permitted uses for the single family residential districts are
shown in Table 1:
Table 1
PERMITTED AND CONDITIONAL R-1 RESIDENTIAL USES
ACCESSORY AND SUPPORT USES
[. . .] [. . .] [. . .]
Accessory Dwelling Units P(1) 18.0942.040
Junior Accessory Dwelling Units P(1) 18.0942.040
[. . .] [. . .] [. . .]
Footnotes:
(1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit associated with a single-
family residence on a lot is permitted, subject to the provisions of Chapter 18.09Section
18.42.040, and such that no more than two total units result on the lot.
SECTION 5. Section 18.13.030 (Land Uses) of Chapter 18.13 (Multiple-Family Residential
Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read
(additions underlined, deletions struck-through, and omissions noted with bracketed ellipses):
18.13.030 Land Uses
Table 1 specifies the permitted and conditionally permitted land uses in the multiple-family
residence districts.
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 12 Packet Page 38 of 175
*NOT YET APPROVED*
12
0160097_20230119_ay16
Table 1
Multiple Family Residential Uses
[P = Permitted Use • CUP = Conditional Use Permit Required]
ACCESSORY AND SUPPORT USES
[. . .] [. . .][. . .][. . .][. . .]
Accessory Dwelling Unit
when accessory to
permitted single-family
[. . .]
(1) Permitted use only on lots less than 8,500 square feet in size.
[. . .]
(4) An accessory dwelling unit associated with a single-family residence on a lot is permitted if
it is contained within the existing space of a single-family residence or an existing accessory
structure in accordance with and pursuant to Section 18.42.040(a)(5), subject to the
SECTION 6. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent
with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 8. The Council finds that the adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305
because it constitutes minor adjustments to the City’s zoning ordinance to implement State
law requirements related to accessory dwelling units as established in Government Code
Section 65852.2, and these changes are also likely to result in few additional dwelling units
dispersed throughout the City. As such, it can be seen with certainty that the proposed action
will not have the potential for causing a significant effect on the environment.
//
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 13 Packet Page 39 of 175
*NOT YET APPROVED*
13
0160097_20230119_ay16
SECTION 9. This ordinance shall be effective on the thirty-first date after the date 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
ITEM 3
Attachment A - Ordinance
Amending Title 18 of the PAMC
ADUs
Item 3: Page 14 Packet Page 40 of 175
CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: January 30, 2023
TITLE
Review and Adoption of the Policy and Services Committee Recommendations on the Revised
Council Procedures and Protocols Handbook (previously discussed on December 19, 2022)
RECOMMENDATION
The Policy and Services Committee recommends that the City Council discuss, review and adopt
a revised version of the Council Procedures and Protocols Handbook (“the Handbook”).
The full City Council discussed the Handbook on December 19, 2022 and asked staff to bring the
item back for discussion and adoption. This report contains information from the December 19,
2022 staff report1 and notes from the December 19th discussion that may be of assistance to the
City Council.
BACKGROUND AND ANALYSIS
In June 2021, the City Council directed staff to prepare a comprehensive revision of the
Procedures and Protocols Handbook. The first tasks were to reorganize the Handbook for clarity
and ease of use and to update the Handbook to conform with law and current City Council
practice. Staff retained a copy editor to assist with these tasks. Since that time, staff created an
outline for the reorganized Handbook and brought a draft Handbook for the Policy and Services
Committee to review and edit2. In addition, City Council, the Policy and Services Committee and
staff introduced a number of potential policy changes to the Handbook. The attached drafts
reflect reorganization, updates to conform with law and practice, and policy changes.
1 December 19, 2022 Staff Report (Handbook Item starts on pdf page 357):
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/2022/20221219/20221219pccsm-amendedtime.pdf
2 December 13, 2023 Policy and Services Committee Report on Handbook:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/policy-and-
services-committee/2022/20221213/20221213ppsr.pdf
ITEM 4
Item 4 Staff Report
Item 4: Page 1 Packet Page 41 of 175
Policy and Services Committee reviewed the draft revised Handbook and developed suggested
language for the City Council to consider. At the December 19, 2022 City Council meeting, the
City Council asked staff to bring the Handbook back to the City Council in 2023 for a longer
discussion that allows the City Council to address each item in question. Staff recommends that
Council consider the Handbook section by section, discussing any issues or concerns and
tentatively voting to either adopt the section as drafted or direct staff to prepare additional
revisions, before going on to the next section. When all the sections have been reviewed, the
City Council can vote to adopt the entire Handbook. If the City Council has directed additional
language to be prepared, staff can return to the City Council at a subsequent meeting for
adoption of the Handbook.
Attachment B to this report. Attachment A is the “clean copy”
of the revised Handbook with minor edits from P&S. As shared in December, in Attachment B,
changes made to comply with law or current practice are not included in tracked changes.
How to read the Handbook drafts (Attachment A and Attachment B)
•Reorganize the document to improve the ability to find useful guidance,
•Eliminate duplication where present, and
•Update to conform with current practice and changes in law.
3) and
a couple extra topics. The reorganized Handbook (Attachments A and B) includes recommended
language for the following topics:
3 Policy and Services Committee November 3, 2022 Supplemental Report Attachment:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/policy-and-
services-committee/2022/20221103/20221103ppssm-amended.pdf (pdf page 103)
ITEM 4
Item 4 Staff Report
Item 4: Page 2 Packet Page 42 of 175
8.Annual Council priority setting guidelines and values inserted
9.Tools to respond to unprofessional behavior by Council members (including Censure)
10.Parameters for the voting delegate at conferences (such as League of California cities)
11.Council conduct with other public agencies
12.Use of letterhead
13.Use of staff time – 1 hour rule
14.*Role clarity for Council board/commission liaison (Protocols Section 2.8)
15.*Miscellaneous expenditures (incl. Council discretionary funding use) (Section 4.10)
16.*Mayoral rotation (Section 1.1)
The Policy and Services Committee agreed upon language for most of the topics listed above
except for the items above with an * which staff left easy to identify in Attachment A and B for
Council discussion. On the topic of the role of the Council liaison to Boards and Commissions, the
Policy and Services Committee asked that the City Council refer that item back to Policy and
Services for further discussion in 2023 in order to involve the chairpersons of Boards and
Commissions.
At the full City Council discussion, the Summary Minutes4 and video5 show that further City
Council discussion is needed on some of the recommendation from the Policy and Services
Committee.
One topic that has been unresolved for a while that is not updated in these Handbook drafts is
the Protocols Section 4 Travel Section. Since the December 19, 2022 Handbook discussion, staff
reviewed the Handbook travel section and compared it to the citywide travel policy (Attachment
C). It appears that the two documents are similar except for the reference on reimbursement for
the use of a private bicycle. Given the similarity in content, staff recommends the City Council
consider simply referencing the citywide travel policy in place of the existing text in Protocols
Section 4. The remaining discussion for City Council consideration regarding travel are topics
around City funding of Councilmember travel, like:
1.Is there a limit on how many times a Councilmember can travel in a year with
reimbursement?
2.For international travel, will any Mayoral or City Council international travel expenses
related to Sister Cities be covered by the City?
3.Are there any other guidelines the City Council would like to establish regarding City
Council travel?
4 Summary Minutes, December 19, 2023: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=42966
5 December 19, 2023 Meeting Video: https://www.youtube.com/watch?v=Nzt7Czro4hw (Handbook item was item
21 and began around 5:13:50 in the video)
ITEM 4
Item 4 Staff Report
Item 4: Page 3 Packet Page 43 of 175
The City Council may also want to consider this in a two-step process related to the travel
policy. The first step could be to accept the citywide travel policy reference as a starting point
on this topic to replace the existing Protocols Section 4 text. Step 2 could be to later consider
discussion on the policy questions above.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
ITEM 4
Item 4 Staff Report
Item 4: Page 4 Packet Page 44 of 175
DRAFT – Dec. 14, 2022
1
DRAFT FOR REVIEW As of Dec. 14, 2022
(Less Redlined)
CITY COUNCIL
PROCEDURES AND PROTOCOLS
HANDBOOK
Procedures and Protocols Approved 02/01/2020 with New Table
of Contents Structure for Review
If you have any questions about this handbook, please feel free to contact the City Clerk
by phone at (650) 329-2571 and e-mail at city.clerk@cityofpaloalto.org or the City
Attorney by phone at (650) 329-2171 and e-mail at city.attorney@cityofpaloalto.org.
ITEM 4
Attachment A- Clean Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 5 Packet Page 45 of 175
DRAFT – Dec. 14, 2022
2
TABLE OF CONTENTS
(note: page numbers may be off and will be updated after
Council review on Dec. 19)
SECTION TOPIC PAGE
PART I CITY COUNCIL PROCEDURES
ITEM 4
Attachment A- Clean Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 6 Packet Page 46 of 175
DRAFT – Dec. 14, 2022
3
PART II CITY COUNCIL PROTOCOLS 38
1 City Council Conduct 38
1.1. Positive Workplace Environment 38
1.2. Comply with Law 38
1.3. City Council Core Responsibilities 38
1.4. General Member Conduct 39
1.5 Decisions Based on Merit 40
1.6 Advocacy 40
1.7 Council Conduct with City Staff 41
1.8 Use of Staff Time 43
2 City Council Conduct with Palo Alto Boards and Commissions 44
2.1 If Attending a Board or Commission Meeting Identify Your
Comments as Personal Views or Opinions
44
2.2 Refrain from Lobbying Board or Commission Members 44
2.3. Remember that Boards and Commissions are Advisory to the
Council as a Whole, Not Individual Council Members
44
2.4 Concerns about an Individual Board or Commission Member Should
be Pursued with Tact
44
2.5 Be Respectful of Diverse Opinions 45
2.6 Keep Political Support Away from Public Forums 45
2.7 Maintain an Active Liaison Relationship 45
2.8. Role of Council to Board or Commission 45
3 Staff Conduct with City Council 43
3.1 Respond to the City Council as Fully and as Expeditiously as Possible 45
3.2 Respect the Role of Council members as Policy makers for the City 45
3.3. Demonstrate Professionalism and Non-Partisanship in All
Interactions with the Community and in Public Meetings
46
3.4. It is Important that Staff Demonstrate Respect for the Council at All
Times. All Council Members Should Be Treated Equally.
46
4 City Council and Boards and Commissions Policy for Travel and
Miscellaneous Expense Reimbursement
47
4.1 Eligible Activities 46
4.2 Out-of-Town Conferences or Meetings 46
4.3 Local or Bay Area Activities 47
4.4 Other Expenses 49
4.5 Activities Not Considered Reimbursable 49
4.6 Reports to Council 49
4.7 Violation of this Policy 50
4.8 Mayor and Vice Mayor Additional Compensation 50
4.9 Support Services 50
4.10 Miscellaneous Expenditures 51
5 Confidentiality, Conflicts of Interest, Gifts And Favors 51
ITEM 4
Attachment A- Clean Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 7 Packet Page 47 of 175
City Council Protocols and Procedures Handbook
4
Introduction
The purpose of this City Council Procedures and Protocols Handbook is to review a set of rules through
which the Palo Alto City Council conducts its business in a fair, equitable and effective manner. Adoption
of the Handbook is requirement of the Palo Alto Municipal Code:
Municipal Code 2.04.100 – Handbook of procedural rules
The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the
conduct of meetings and hearings for the council and its standing committees, including but not
limited to agenda requirements, the order of business, rules of order, rules of evidence, closed
session procedures and rules for public participation in meetings. The handbook of procedural
rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the
basis for challenge to or invalidation of any action of the council, nor shall they be construed to
create any independent remedy or right of action of any kind.
The handbook is organized in two parts:
Part I: City Council Procedures
This section explains the process through which work is done and basic rules for City Council
meetings including public participation guidelines.
Part II: City Council Protocols
This section explains conduct guidance for the City Council.
If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State
or Federal law, the Charter, Code, or State or Federal law shall govern.
ITEM 4
Attachment A- Clean Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 8 Packet Page 48 of 175
City Council Protocols and Procedures Handbook
5
PART I: CITY COUNCIL PROCEDURES
SECTION 1 – CITY COUNCIL ORGANIZATION AND STRUCTURE
1.1. Annual Organization of City Council
The Palo Alto Charter, Article III, Section 8 directs Council to elect one of its members to serve as
Mayor and one as Vice-Mayor, and sets forth their duties. Palo Alto Municipal Code Section 2.04.060
provides additional detail. Mayor and Vice-Mayor are elected at the first meeting in January each
year. Nominations may be made by any Council member and do not require a second.
1.2. Council Committees
1. Standing Council Committees
Policy
It is the policy of the Council to use standing committees in open and public meetings to study City
business in greater depth than what is possible in the time allotted for Council meetings.
Purpose
These rules are intended to enhance public participation and committee meetings so that the best
possible decisions can be made for Palo Alto.
General Requirements
Council standing committees shall be subject to the following procedural rules:
• Quorum
A majority of the committee membership shall constitute a quorum.
• Referrals
Only the Council or City Manager shall make referrals to the standing committees.
Referrals will generally be directed to only one of the standing committees. Items may be
withdrawn from the committee and taken up for consideration by the Council at any Council
meeting with the consent of a majority of the Council, and subject to any applicable
noticing or agenda posting requirements.
Council members who submit matters to the Council which are referred to a standing
committee may attend the committee meeting but only as an observer; they may not
speak or otherwise participate in the committee meeting.
ITEM 4
Attachment A- Clean Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 9 Packet Page 49 of 175
City Council Protocols and Procedures Handbook
6
If Council wishes to allow members who are not serving on the committee to speak, the
meeting should be noticed as a meeting of the full Council, and all Council procedural
requirements will apply.
• Function of committees
The purpose and intent of committee meetings is to expedite Council action by providing
more thorough and detailed discussion and study of prospective or current Council agenda
items with a full and complete airing of all sentiments and expressions of opinion on City
problems by both the Council and the public. Actions of the committee shall be advisory
recommendations only to the full Council, except as to matters expressly delegated to the
committee by Council. Matters requiring Council action may not be delegated (e.g.,
approval of contracts, employee appointment or removal, and adoption of ordinances or
resolutions).
• Minutes and Report of Committee
The City Clerk shall be responsible for the preparation and distribution to the Council of the
minutes of standing committee meetings. The minutes for these meetings shall be action
minutes which reflect the motions made during these meetings. The minutes of each
committee meeting serve as the report to the Council and should be included, as
appropriate, in subsequent relevant staff reports.
• Agenda
The chairperson of each standing committee shall work with staff to prepare the agenda for
committee meetings. Items should be scheduled as they are ready, taking into account the
sequence of referral, the time required for staff research and analysis to support
committee discussions, the time-sensitivity of items, and other factors as determined by
the chair and City Manager.
• Public Participation at Committees
The chair shall determine the time that each speaker is allotted during general public
comment and public comment on agendized items. The chair will typically set speaking
time somewhere between 3 and 5 minutes. If extended public participation is desired the
chair may provide for a longer period; if there are a large number of speakers or many
agenda items, speaking time may be shortened.
B. Policy and Services Committee
1) Role, Purpose, and Work Planning
The Municipal Code states that the role of the Council Policy & Services Committee is to consider
and make recommendations on matters referred to it by the council relating to parliamentary and
administrative procedures and policy matters pertaining to intergovernmental relations, personnel
policies, planning and zoning, traffic and parking, public work, and community and human services.
(§2.04.220). In 2009 and 2010, the Council reviewed the purpose and structure of the Committee
and adopted several recommendations. This section documents Council’s motions related to the
Policy & Services Committee.
ITEM 4
Attachment A- Clean Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 10 Packet Page 50 of 175
City Council Protocols and Procedures Handbook
7
Purpose Statement: The purpose of the Policy & Services Committee is to review and identify
important community issues and City policies and practices to ensure good public policy. The
Committee shall consider and make recommendations to Council on matters relating to
parliamentary protocols, procedures and policy matters.
C. Finance Committee
The Municipal Code states that the role of the Council Finance Committee is to consider and make
recommendations on matters referred to it by the Council relating to finance, budget, financial
audits, capital planning and debt. (§2.04.210).
D. Council Appointed Officers (CAO) Committee
In addition to the Policy & Services and Finance Committees, which are described in the Municipal
Code, the Mayor each year appoints members to two additional committees that have continuing
subject matter jurisdiction and are not intended to be temporary: the Council Appointment
Officers (CAO) Committee, and the City-Schools Liaison Committee.
The CAO Committee meets on an as-needed schedule to address issues that Council has referred
to the Committee related to Council's four direct appointees: the City Manager, City Attorney, City
Clerk and City Auditor. For example, the committee may be tasked with duties related to
performance evaluations, compensation, and the filling of vacancies.
E. City Schools Liaison Committee
The City-Schools Liaison Committee is composed of two Council members and two members of the
Board of Education of the Palo Alto Unified School District. The committee’s purpose is to share
information, collaborate, and coordinate on issues related to Palo Alto’s school-aged children and
youth.
F. Ad Hoc Committees
Policy
The Council may create Ad Hoc Committees or the Committee of the Whole on a limited basis
where necessary to study City business in greater depth than what is possible in the time allotted
for Council and Standing Committee meetings.
Purpose
These rules are intended to clarify the distinctions between Standing and Ad Hoc Committees and to
set up guidelines for creation of Ad Hoc Committees.
General Requirements
Council Ad Hoc Committees shall be subject to the following procedural rules:
A. Definition of Ad Hoc Committee
An Ad Hoc Committee is a temporary advisory committee composed solely of less than a
quorum of members of the Council or any Council Standing Committee. The work of an
Ad Hoc Committee has a limited or single purpose. An Ad Hoc committee is not intended
to be perpetual but rather to be dissolved in a finite period time, once its specific task is
ITEM 4
Attachment A- Clean Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 11 Packet Page 51 of 175
City Council Protocols and Procedures Handbook
8
completed. By contrast, a Standing Committee has continuing subject matter jurisdiction
over a variety of related topics.
B. Brown Act
The procedural requirements of the Brown Act apply to all committees that have either:
(a) continuing subject matter jurisdiction over a matter or group of related matters; or (b)
a regular meeting schedule set by Council action. All Standing Committees are Brown Act
bodies. Ad hoc committees are generally not Brown Act bodies, provided that they are
temporary bodies, formed for the purpose of addressing a limited or single purpose,
include only members of Council, and do not have a regular meeting schedule set by
Council action. When Council creates an Ad Hoc committee that is not a Brown Act body,
Council may, at its discretion, direct that the committee follow Brown Act procedures.
C. Creation and Appointment
The Mayor or the City Council may create an Ad Hoc Committee and appoint three or fewer
members of the Council to serve. In contrast, only the Council and not the Mayor alone can
create a Standing Committee; the Mayor makes appointments to Standing and Ad Hoc
Committees. The Mayor will publicly announce any Ad Hoc Committee created by her or
him, its membership and stated purpose and post this information on the City Council
website. The City Manager shall prepare a report to Council about the anticipated time
commitment required for staff to assist the Ad Hoc Committee.
D. Duration
Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does
not complete its task by the end of the calendar year, it shall not continue unless
reappointed by the new Mayor in the following year.
E. Members
Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall
not include any other persons, including members of other legislative bodies.
F. Reporting
Ad Hoc Committees shall report their recommendations to the Council in the timeframe
directed by Council. Any Council Member may ask during COUNCIL MEMBER QUESTIONS,
COMMENTS AND ANNOUNCEMENTS that an updated Ad Hoc Committee report be placed
on an upcoming meeting agenda.
G. Termination of Ad Hoc Committee by Majority of Council
A majority of the Council may vote to terminate any Ad Hoc Committee following
placement of the issue on an agenda.
H. Conclusion
A public announcement shall be made any time the Ad Hoc Committee has concluded its work
and/or upon dissolution.
ITEM 4
Attachment A- Clean Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 12 Packet Page 52 of 175
City Council Protocols and Procedures Handbook
9
1.3. Respect the Work of the Council Standing Committees [UPDATED to reflect current practice]
Council should respect the work of the Standing Committees, as their purpose is to provide focused, in-
depth discussion of issues to help inform and expedite Council business. If a matter is taken forward to the
full Council for approval after receiving a unanimous vote at Committee, the item will be placed on the
Consent Calendar, unless otherwise recommended by the Committee, Mayor, City Attorney or City
Manager.
* * *
SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS
The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This
purpose recognizes the value of establishing a community understanding of meeting procedures so that
broad public participation is encouraged. This purpose also recognizes that Council members must have a
common approach to the discussion and debate of City business so that meetings are both streamlined
and thorough.
These are guidelines, rather than rules. The Council intends that City staff and Council members will
follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency,
unfairness, or the promotion of form over substance. State law establishes a variety of mandatory
meeting rules the City must follow in order to assure open and public government, regardless of unusual
situations and consequences. (See Cal. Govt Code section 54950.)
2.1. Meeting Schedules, Agendas and Supporting Materials
A. Meeting Schedules for Regular and Special Meetings
The City Council generally conducts two different kinds of meetings: Regular Meetings and Special
Meetings.
The Municipal Code provides that regular City Council meetings are conducted at City Hall
on the first three Monday nights of each month, except during the Council’s annual
summer and winter recesses, at 6 p.m.
The Council also schedules periodic special meetings, which are meetings on any day or time
other than the regular meeting time. This may include meetings on the regularly-scheduled first
three Mondays where the start time is 5 p.m. or earlier, or meetings on a fourth or fifth Monday,
or meetings scheduled on any other day or time.
The Mayor or Council may call a Special meeting on a minimum of 24 hours’ notice. Special
meetings need not be held at City Hall, as long as the alternate location is within the City. The
Council makes every effort to provide notice well in advance of 24 hours, especially when the
special meeting is for the purpose of conducting a Study Session.
B. Posting of Agendas
Under the Brown Act, meeting agendas must be posted no later than 72-hours prior to regular
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meetings and 24-hours prior to special meetings. It is City policy to make every effort to post the
agenda on Thursday, 11 days prior to Monday meetings, whether regular or special. Agendas are
posted in King Plaza by the elevators and are uploaded to the City Council web page.
C. Supporting Reports and Materials (exist. Procedures 2.3.2)
It is City policy to make every effort to provide supporting reports and materials at the time the
agenda is posted. Typically, this will occur 11 days before the meeting. Materials that are not
available at the time of agenda posting will be distributed as soon as feasible before the meeting.
Materials that are distributed to a majority of Council will be made available to the public at the
same time, as required by law. Some materials, such as presentation materials or “supplemental
memoranda (previously referred to as “at places” memoranda) may be distributed to Council
members and the public at the meeting.
D. Late Submittal of Correspondence or Other Information Related to Planning Applications
In order to allow for adequate staff review and analysis, and to ensure public access to
information, all plans, correspondence, and other documents supporting planning applications
being heard by the City Council must be submitted to staff not later than noon five (5) working
days prior to the release of the Council Agenda Packet. If any correspondence or other
information is submitted after this deadline to Council members or staff, and staff
determines additional review is needed, staff will reschedule the item for a future Council
meeting. If a Council member receives planning application materials from a project applicant,
or receives other significant material related to the application from any source, he or she shall
notify the City Clerk and the City Manager as soon as possible so that all relevant material can
be entered into the official record and made available to all parties and the public. At the
meeting the City Council may determine whether to continue or refer the item to the
appropriate Board and/or Commission if significant changes to a project or significant new
information become known.
2.2. The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings
There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be
conducted, including review of approximate time allocation of Staff Report presentations and to
ensure adequate time for large complex items; 2) to identify any issues or questions that may
need greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration
in building the agenda should be given to the potential length of the meeting and at what point
items of significant public concern may be heard.
The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice
Mayor are invited and expected to attend the pre-Council meetings with the City Manager and
other CAOs, and Department Managers. The Mayor and Vice Mayor’s role is to represent the
interest of the entire Council.
2.3. Attendance Procedures
A. Attendance Required
Council members, the City Clerk, City Attorney, and City Manager, along with any other City
officers and department heads that have been requested to be present, shall take their
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regular stations in the Council Chambers at the start of every scheduled meeting. The
presiding officer will ensure that each meeting will include at least one 10-minute break. The
Council expects its members to attend regularly and notify the City Clerk of any planned
absences. The Council may levy fines of up to $250.00 against Council members who willfully fail
to attend meetings (PAMC section 2.04.050).
B. Remote Attendance of Council Members at Council and Committee Meetings
Council members are strongly encouraged to attend meetings in person. State law allows
Council members to attend meetings remotely by following the procedures outlined in
Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures
outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these
procedures are described below and are current as of the date of Handbook revision. If state
law is subsequently amended, the amended terms of State law will apply.
1) Number of Remote Appearances. Remote attendance shall be permitted not more than 3
five (5) times a year per legislative body (for example, five times a year for full Council
meetings and five additional times a year for a Council committee). This includes remote
attendance at meetings of Council and Council committees. AB 2449 rules still apply which
state that no more than two meetings may be attended remotely for “just cause,” as
described below.
2) General Procedures for Appearing Remotely. Council members must follow mandatory
procedures set forth in State law. At any meeting where a Council member is attending
remotely, the following requirements must be met:
i. At least a quorum of the Council must participate from a singular physical location
within the City .
ii. The agenda must identify and include an opportunity for the public to attend and
directly address the council member through a call-in option, an internet-based
service option, and in-person at the location of the meeting.
iii. Council members may not take action if there is an unresolved disruption to the
meeting broadcast, to a remote council member’s audio or visual feed, or to the
ability to take call-in or internet-based public comment.
If these above threshold requirements are met, the Council member attending remotely
must ensure they follow the procedures associated with either Standard Remote
Attendance or AB 2449 Remote Attendance.
3) Standard Remote Attendance Procedures. A Council member attending remotely using these
procedures must ensure that:
a. The meeting agenda identifies the remote attendance location and is posted at that
location in an area that is accessible and visible 24 hours a day for at least 72 hours
prior to a regular meeting and 24 hours prior to a special meeting.
b. The remote attendance location is open and fully accessible to the public, and fully
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accessible under the Americans with Disabilities Act, throughout the entire meeting.
These requirements apply to private residences, hotel rooms, and similar facilities, all
of which must remain fully open and accessible throughout the meeting, without
requiring identification or registration.
c. The remote attendance technology used is open and fully accessible to all members
of the public, including those with disabilities.
d. Members of the public who attend the meeting at the remote attendance location
have the same opportunity to address the Council from the remote location that
they would if they were present in Council Chambers.
e. The remote attendance location must not require an admission fee or any payment
for attendance.
f. If the meeting will include a closed session, the Council Member must ensure that
there is a private location available for that portion of the meeting. A private location
means a closed room such that no other person can hear any portion of the closed
session.
If the Council Member intending to follow the procedures of Standard Remote Attendance
determines that any or all of these requirements cannot be met, he or she shall not participate in
the meeting remotely using Standard Remote Attendance procedures.
Standard Remote Attendance Guidelines:
• Five days written notice in advance of the publication of the agenda must be given by the
Council member to the City Clerk’s office about their intent to participate remotely; the
notice must include the address at which the remote attendance will occur, and the address
the Council packet should be mailed to, if a hard copy is requested.
• The Council member is responsible for posting the Council agenda in the remote location, or
having the agenda posted by somebody at the location and confirming that posting has
occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to
whatever address or fax number the Council member requests; however, it is the Council
member’s responsibility to ensure that the agenda arrives and is posted. If the Council
Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or
address must be included in the five-day advance written notice above.
• The Council Member must ensure that the location will be publicly accessible while the
meeting is in progress.
• The Council Member must state at the beginning of the Council meeting that the posting
requirement was met at the location and that the location is publicly accessible and must
describe the location.
AB 2449 Remote Attendance Procedures. A Council member attending remotely using these procedures
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must ensure that:
1. The Council member has either “just cause” or “emergency circumstances” that require remote
participation, as required by AB 2449.
2. “Just cause” is defined as:
a. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse,
or domestic partner that requires remote attendance,
b. a contagious illness that prevents in-person attendance,
c. a need related to a physical or mental disability which cannot be resolved by a request for
reasonable accommodation, or
d. travel while on the business of a state or local agency.
3. Notice. A Council member with “just cause” to attend remotely must notify the Council or Council
committee and the City Clerk at the earliest possible opportunity, including at the start of the
meeting, of their need to participate remotely and provide a general description of the
circumstances.
4. The Council member is facing “emergency circumstances” that justify remote attendance and the
Council or Council committee approves of their remote attendance pursuant to AB 2449.
a. “Emergency circumstances” is defined as a physical or family medical emergency that
prevents a Council member from attending the Council meeting in person.
b. Notification and acceptance.
i. A Council member attending remotely due to “emergency circumstances” must
notify the Council or Council committee and the City Clerk at the earliest possible
opportunity.
ii. The Council or Council committee must request a general description of the
circumstances relating to the council member’s need to appear remotely. The
description does not need to have more than 20 words, and the Council member
does not have to disclose any personal medical information.
iii. At the earliest opportunity available to it, the Council or Council committee must,
by a majority vote of its members, take action on the request to approve or
disapprove it. If the request does not allow sufficient time to place it on the
agenda for the meeting for which the request is made, the legislative body must
take action on the request at the beginning of the meeting by majority vote.
5. Disclosures. Council members attending remotely must publicly disclose at the meeting before any
action is taken whether any other individuals 18 years of age or older are present in the room at the
remote location with the member and the general nature of the member’s relationship with the
individual.
6. Technology. All technology necessary for to attend remotely must function at all times, which must
include two-way, live audio and visual communication.
If the Council member intending to follow the procedures of AB 2449 Remote Attendance
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determines that any or all of these requirements cannot be met, he or she shall not participate in
the meeting remotely using AB 2449 Remote Attendance procedures.
AB 2449 Remote Attendance Guidelines:
At the start of the meeting, the Council member attending remotely may use the following
language to identify under which provision they are attending remotely:
Provision 1:
“I have just cause to attend this meeting remotely under AB 2449. I have not attended a
meeting remotely due to just cause more than once this calendar year. I have attended
[NUMBER] meetings remotely this calendar year. I must attend this meeting remotely
because…
1. “… I must provide caregiving to [RELATION].”
2. “… a contagious illness prevents me from attending in person.”
3. “… I have a need related to a disability which could not be accommodated at this
meeting.”
4. “… I am travelling while on official business of [STATE OR LOCAL AGENCY].”
“In this room, I am accompanied by…
5. “…no one over the age of 18.”
6. “…one or more individuals over the age of 18. They are [RELATION (e.g., my
spouse, coworker, medical provider)].”
Provision 2:
“Due to emergency circumstances, I request to attend this meeting remotely under AB
2449. I have attended [NUMBER] meetings remotely this calendar year. The [PHYSICAL
OR FAMILY] medical emergency I am facing requires my remote attendance because
[BRIEF DESCRIPTION].”
2) “In this room, I am accompanied by…
3) “…no one over the age of 18.”
4) “…one or more individuals over the age of 18. They are [RELATION (e.g.,
my spouse, coworker, medical provider)].”
2.4. Colleagues Memos
Council members may bring forward a colleagues memo on any topic to be considered by the
entire Council. A minimum of two Council members are required to place such a memo on the
agenda, reflective of the Council procedure requiring a motion and a second for consideration of a
motion by the Council. Up to three Council members may sign a colleague memo. To comply
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with the Brown Act, three is the maximum number Council members who may discuss or sign
onto a colleagues memo. Prior to preparing a colleagues memo, Council members should consult
with the City Manager to determine whether the City Manager is able to address the issues as part
of their operational authority and within current budgeted resources. Colleagues memos should
have a section drafted by the City Manager that identifies any potential staffing or fiscal impacts of
the contemplated action. Council members shall provide a copy of the proposed memo to the
City Manager and City Attorney prior to finalization. Completed Council colleagues memos should
be provided to the City Manager, City Attorney and City Clerk with as much advance notice as
possible, to provide time for staff to prepare the resource impact section and prepare the memo
for placement on the agenda.
The Council will not take action on the night that a colleagues memo is introduced if it has any
implications for staff resources or current work priorities which are not addressed in the memo.
The Council will discuss the colleagues memo and refer it to a committee or direct the City
Manager to agendize the matter for Council action. Action may be taken immediately by the
Council on colleagues memos where there are no resource or staffing implications, or where
these implications are fully outlined in the colleagues memo. The Brown Act requires that the
public be fully informed of the potential action by the Council when the agenda is published. In
order to satisfy the Brown Act requirements, the Council should consult with the City Attorney to
ensure that the proposed title to the colleagues memo contains all actions that the Council
members want completed on the night of the Council review.
Existing Language
Proposed New Language
will not be accepted between the date of an election that includes election of new Council
* * *
SECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA (exist. Procedures 2.4)
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order
described below, except as determined otherwise by the Mayor in consultation with the City Manager. In
setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in
the agenda-setting process if needed.. The City Manager, with prior approval of the Mayor, is authorized to
designate upon the agenda items that shall be taken up first or at a specific time during the course of the
meeting (PAMC section 2.04.070.) The City Council may take matters up out of order upon approval by a
majority vote of those present:
a. Call to Order
b. Special Orders of the Day
c. Study Session and/or Closed Session
d. Agenda Changes, Additions and Deletions
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e. General Public Comment
f. Consent Agenda
Items may be placed upon the consent calendar by any council-appointed officer whenever, in
such officer's judgment, such items are expected to be routinely approved without discussion or
debate. Council Minutes are approved on Consent. The consent calendar shall be voted upon as
one item.
g. City Manager Comments
h. Action Items
i. Council Member Questions, Comments and Announcements
j. Adjournment
Items Considered After 10:30 p.m.
The Council makes every effort to end its meetings before 11 p.m. With that goal in mind, the
Council generally does not start discussion of new matters after 10:30 p.m. Before 10 p.m. the
Council will decide and announce whether it will begin consideration of any agenda items after
10:30 p.m. and, if so, which specific items will be taken up.
3.1. Call to Order
3.2. Closed Sessions [UPDATED to comply with law and reduce repetitive language]
Closed sessions are the only part of a Council meeting that the public cannot attend though they
are allowed to make public comments before the start of the closed session. Council may meet in
closed session only as specifically authorized by State law. The most common types of closed
sessions are labor negotiations, litigation, employment issues, and real estate negotiations.
The Council will make a public report after the session where required by State law.
A. Closed Session Requirements
1) Announcements Before Closed Sessions
The Mayor/City Clerk shall announce the item or items to be considered in closed session
by reference to the appropriate agenda number or letter, or in an alternate form that shall
be provided by the City Attorney.
2) Public Comments
Members of the public are permitted to make public comments on closed session
matters. The City Clerk shall be present in the open session to record Council attendance and
any statements made by the public or by the Council.
3) Vote to Go Into Closed Session
The Council shall vote to go into closed session.
4) Attendance
The City Manager and City Attorney, or their designees, shall attend closed sessions
unless it is necessary to excuse them. Additional staff shall attend as necessary and then
only if the legal privileges of confidentiality obtained in an executive session are
maintained.
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5) Public Reports
State Law and a Palo Alto initiative require the Council to make a public report after a closed
session when certain kinds of actions are taken (PAMC section 2.04.030). Reports from
closed sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence, or
such other City representative as designated by the Council. Such designated person is
the only individual authorized to make public statements concerning the closed session.
It is the policy of the Council to inform the public of action taken in closed session to the
greatest extent possible. It is recognized, however, that the need for confidentiality is
inherent in closed sessions and that certain matters if revealed may be a detriment to the
results desired. The Council shall publicly report:
(a) any decision to appoint, employ, or dismiss a public employee and the roll call
vote thereon at its next public meeting,
(b) actions related to litigation and the roll call vote on such actions, unless the
report would, in the written opinion of the City Attorney for specifically stated
reasons, clearly jeopardize the City’s ability to effectuate service of process on one
or more unserved parties or impair the City’s ability to resolve the matter through
negotiation, mediation or other form of settlement. Notwithstanding the City
Attorney's written opinion, the Council may under any circumstance, by majority
vote, determine that it is in the City's best interests to disclose actions taken in
closed session related to litigation. The public report shall be given as soon as
possible, but no later than the next regular meeting, and shall include the vote or
abstention of every member present. The City Attorney’s written opinion shall be
made public, along with any action taken and any vote thereon, as soon as any
litigation is concluded. The City Attorney shall record any action and vote upon
such forms as the City Attorney may deem desirable.
6) No Minutes
No minutes of closed sessions shall be kept. The City Attorney shall record the information
necessary to comply with State law and Municipal Code section 2.04.030.
7) Confidentiality
No person in attendance at a closed session may disclose the substance or effect of any
matter discussed during the session (PAMC section 2.04.040), except to the extent
authorized by a majority vote of Council or as required by a court.
3.3. Study Sessions
Study Sessions are agenda items during which the Council receives information about City business
in an informal setting. Study sessions are intended to be discussion items only. The Decorum rules
still apply to the behavior of the Council and public.
A. Study Session Procedures
1) Time
Special study sessions will be held as needed.
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2) Topics and Process
Study sessions are intended to be conducive to in-depth factual presentations by City staff
and detailed questioning and brainstorming by Council on issues of significant interest.
The Council may discuss the material freely without following formal rules of
parliamentary procedure, and the Mayor shall have discretion to determine the
appropriate process for conducting the study session, including when public comment
will be heard.
3) Public Participation
Members of the public are allowed to make public comments on study session matters at
the time directed by the presiding officer. The general rules of decorum apply.
4) No Action Taken
Staff may be directed to bring matters back for Council consideration at future meetings, as
no action can be taken.
3.4. Special Orders of the Day
3.5. Agenda Changes, Additions, and Deletions
A. When the Council is unable to complete its agenda, the remaining business will generally be
rescheduled as follows:
1) Items Rescheduled to a Date Uncertain
When Council reschedules an item to a date uncertain, the City Manager, Clerk and Mayor
shall confer on an appropriate date to reschedule the item.
2) Items Rescheduled to a Date Certain
Council may reschedule an item to a specific future Council meeting.
B. Adding New Items to the Agenda
Only matters on the agenda shall be taken up by the Council, except in cases of emergency, as
defined by State law.
3.6. General Public Comment (see Section 5 on Public Participation for more details about “General
Public Comment”)
3.7. Consent Agenda
The Consent Agenda is the section where items not anticipated to require discussion can be
presented and acted upon efficiently by Council. This generally includes administrative items;
implementation of policies and programs previously approved by Council, including contracts; and
other routine or non-controversial items. The Mayor and City Manager should be sensitive to high
dollar value contracts and consider placing those items in the action agenda section. The consent
section may include:
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A. Ordinances and Resolutions
The following ordinances and resolutions may appear on a consent calendar:
• Second Reading (passage and adoption) of Ordinances.
• Resolutions that are ceremonial in nature.
• Ordinances or resolutions that implement a prior Council policy direction in the manner
contemplated by the Council's previous actions, in the Adopted Budget (including the
Capital Improvement Program and especially in the department key plans), the Council
Priorities, and other similar sources.
• Budget amendments that accept funding such as grants or gifts, provided Council has
previously approved the activity or program.
• Resolutions approving funding applications, such as grants or loans, provided that the
program or activity has been previously approved by Council.
• Clerical amendments to local laws.
• Conforming amendments to local laws that are required by State law, except items of
significant public interest.
B. Administrative Matters Including Contracts, Appointments, Approval of Applications, and
Any Other Matter
An administrative matter may be placed on the consent calendar if it is:
1 An action that is merely the administrative execution of previous Council direction. The
Council direction and vote will be quoted in the Staff Report accompanying the item.
2 Contracts for which the subject or scope of work has been previously reviewed by the City
Council.
3 A contract for goods, general services, professional services, public works projects, dark
fiber licensing contracts or wholesale commodities, purchases, as outlined in the
Purchasing Ordinance, provided such contracts represent the customary and usual
business of the department as included in the Adopted Budget. Examples include routine
maintenance contracts, annual audit agreements software and hardware support
agreements, janitorial services, and copier agreements or postage machine agreements.
4 Designation of heritage trees.
5 Designation of historic building at the request of the property owner if there are no unusual
policy ramifications.
6 Approval of funding applications, such as grants or loans, provided that Council has
previously approved the general program or activity.
7 Items identified in the Municipal Code for placement on Consent. This includes, for
example, certain appeals of determinations of the Director Planning and Development
Services.
8 Approval of minutes.
9 Cancellation of meetings or scheduling of special meeting.
10 Referral of an item to a Standing Committee, Committee, Board, Commission, or Council
Appointed Officer.
11 Other similar matters as determined by the City Manager, in consultation with the Mayor.
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C. Items Unanimously Recommended for Approval by a Council Committee or Council-
Appointed Board or Commission, Unless Otherwise Recommended by the
Committee/Commission, Mayor, City Attorney or City Manager
Items recommended unanimously for approval by Council committees and Council-
appointed boards and commissions are generally placed on Consent, except as otherwise
recommended by the Committee, Board or Commission, or the Mayor, City Manager or City
Attorney, or as required by law.
2. Public Comment on Consent Agenda
Members of the public wishing to speak to items on the Consent Calendar shall be permitted
to speak prior to Council Member requests to remove an item or the vote to adopt the
Consent Calendar.
3. No Discussion or Debate; Voting; Recusals; Speaking to a No Vote
There shall not be discussion or debate on any item on the Consent agenda. A Council member
who needs to recuse themself from a Consent item shall inform the Mayor and make any
public disclosure that is required. The Clerk shall record the recusal on the item.
Any Council member may request that his or her vote be recorded as a "no" on any item or
items on the Consent agenda. Any Consent item not receiving the number of “yes” votes
required for the item is not approved. .
Council members may explain their "no" votes at the end of the Consent Agenda, with 3-
minutes permitted for non-appeal items and 5 minutes for appeal items for each Council
member. Council members may also submit statements in writing to the City Clerk before
action is taken. The City Clerk shall preserve and make available such written statements in a
manner consistent with the Brown Act and shall assure that the minutes of the meeting make
reference to the existence and location of such written statements.
4. Council Requests to Remove Items from Consent Agenda
Three Council members may request that an item be removed from the consent agenda.
Removed items will be heard either later in the meeting or agendized for a subsequent
meeting, depending upon the number of speakers, the anticipated length of the items that
have been officially scheduled for discussion on a particular evening, the availability of staff
required to support the discussion, and legally- required noticing procedures. The Mayor, in
consultation with the City Manager, will decide when any removed items will be heard.
Council members who intend to request to remove an item should inform the City Manager’s
office no later than noon the Sunday before the meeting. This is so that the Manager can
assess the operational impacts of rescheduling a removed item to a later agenda and, if
appropriate, can arrange for appropriate staff to attend Council to support consideration of
the item.
3.8. City Manager Comments
3.9. Action Items
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3.10. Council Member Questions, Comments, and Announcements (including reports on Boards,
Commissions, and Committees)
The purpose of this agenda item is to allow Council to briefly ask staff about matters upon which
Council has taken action or given direction, make general comments as a reference to staff on
factual matters of community concern, or make brief announcements in a manner consistent with
Government Code section 54952.2. If more than brief statements are desired, the item shall be
agendized for a future meeting in the manner otherwise provided by these Procedures, such as by
the City Manager or through a Colleagues Memo. Major policy issues and new assignments will not
be discussed or considered in this item. To the extent possible, Council will confer with staff before
raising matters under this agenda item. COUNCIL MEMBER QUESTIONS, COMMENTS, AND
ANNOUNCEMENTS will generally last up to 15 minutes and the public may not comment.
3.11. Adjournment
* * *
SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS
4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V)
A. Motions, Debate & Voting
Policy and Summary of Rules
It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and
voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the types of motions
the Council can make and when those motions are properly used. See the Summary Table below.
Purpose
The purpose of these rules to facilitate orderly and thorough discussion and debate of Council
business in order to create open respectful discussion and results that serve the public interest.
B. Motions
A motion is a formal proposal by a Council member asking that the Council take a specified action. A
motion must receive a second before the Council can consider a matter. Motions may be provided to the
City Clerk in advance of the City Council meeting so that the Clerk can efficiently post the motion on the
screen for the convenience of the community and Council members.
There are two types of motions; these are the “main” motion and any secondary motions. Only one
main motion can be considered at a time. The main motion is the first motion to be made and receive a
second. A secondary motion is described below which can be considered while a main motion is pending.
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4.2 Motion Procedures
A. Main Motion Procedures
1) Get the Floor
A Council member must receive the permission of the Mayor (or other presiding officer) before
making a motion.
2) State the Motion
A motion is made by a Council member (the “maker”) stating his or her proposal. Longer proposals
can be written.
3) Second Required
Any other Council member (including the presiding officer) who supports the proposal (or who
simply wishes it to be considered) may “second” the motion without first being recognized.
4) Motion Transcribed
The Clerk shall transcribe the motion so that Council members, the public and staff can read it.
5) Lack of a Second
If there is no second stated immediately, the Mayor should ask whether there is a second. If no
Council Member seconds the motion the matter will not be considered.
6) Discussion
The maker shall be the first Council member recognized to speak on the motion if it receives a
second. The seconder shall be the second Council member to speak on the motion. Generally
Council members will speak only once with respect to a motion. If the Mayor or Council permits
any Council member to speak more than once on a motion, all Council members shall receive the
same privilege.
7) Secondary Motions
Secondary motions may be made by a Council member upon getting the floor.
8) Action
After discussion is complete the Council will vote on the motion under consideration.
B. Secondary Motion Procedures
Only one main motion may be entertained by Council at a time. The Council recognizes the following
secondary motions which may be considered while a main motion is pending. These motions shall
have precedence in the order listed below. This means that a secondary motion that is higher on the
list will be considered ahead of a pending secondary motion that is lower on the list:
The purpose of the allowed secondary motions is summarized in the following text and table.
1) Fix the time to which to adjourn
This motion sets a time for continuation of the meeting. It requires a second, is amendable and is
debatable only as to the time to which the meeting is adjourned.
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2) Adjourn
This motion ends the meeting or adjourns it to another time. It requires a second and is not
debatable except to set the time to which the meeting is adjourned, if applicable. A motion to
adjourn shall be in order at any time, except as follows: (a) when repeated without intervening
business or discussion; (b) when made as an interruption of a member while speaking; (c) when the
previous question has been ordered; and (d) while a vote is being taken.
3) Take a recess
This motion interrupts the meeting temporarily. It is amendable but is not debatable.
4) Raise a question of personal privilege
This motion allows a Council Member to address the Council on a question of personal privilege
and shall be limited to cases in which the Council Member's integrity, character or motives are
questioned or when the welfare of the Council is concerned. The maker of the motion may
interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not
require a second, is not amendable and is not debatable.
5) Lay on the table
This motion is used to interrupt business for more urgent business. A motion to lay on the table
requires a second, is not amendable and is not debatable. It shall preclude all amendments or
debate of the subject under consideration. If the motion prevails, and the subject is tabled, the
matter must be reagendized in the future if further consideration is to be given to the matter.
6) Previous question
This motion “calls the question” by closing debate on the pending motion. A motion for previous
question requires a second, is not debatable and is not amendable. It applies to all previous motions
on the subject unless otherwise specified by the maker of the motion. If motion for previous
question fails, debate is reopened; if motion for previous question passes, then vote on the pending
motion. A motion for previous question requires a two-thirds vote of those Council members
present and voting.
7) Limit or extend debate
This motion limits or extends the time for the Council or any Council Member to debate a motion. It
requires a second, is amendable and is not debatable. The motion requires a two-thirds vote of
those Council members present and voting.
8) Continue to a certain time
This motion continues a matter to another, specified time. It requires a second, is amendable and is
debatable as to propriety of postponement and time set.
9) Refer to a city agency, body, committee, board, commission or officer
This motion sends a subject to another city agency, body, committee, board, commission or officer
for further study and report back to Council, at which time subject is fully debated. It requires a
second, is amendable, and is debatable only as to the propriety of referring. The substance of the
subject being referred shall not be discussed at the time the motion to refer is made.
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10) Amend or substitute
This motion changes or reverses the main motion. It requires a second, is amendable, and is
debatable only when the motion to which it applies is debatable. A motion to amend an
amendment is in order, but one to amend an amendment to an amendment is not. An amendment
modifying a motion is in order but an amendment raising an independent question or one that is
not germane to the main motion shall not be in order. Amendments take precedence over the
main motion and the motion to postpone indefinitely.
C. Motion Process Reference Chart
Motion Description 2nd
Required Debatable Amendable 2/3 Vote
Fix the time to
which to adjourn Sets a next date and time for
continuation of the meeting
YES
Only as to time to which
the meeting is adjourned YES
NO
Adjourn
Sets time to adjourn. Not in order if (a)
repeated without intervening business
(b) made as an interruption of a
member while speaking; (c) the
previous question has been ordered;
YES
Only to set the time to
which the meeting is
adjourned
NO
NO
Take a recess Purpose is to interrupt the meeting YES YES
Raise a question of
privilege
question of personal privilege limited to
Council welfare or cases where a
member’s personal integrity, character,
NO NO NO NO
Lay on the table Interrupts business for more urgent YES NO NO NO
Previous question
(close debate or
“call the question”)
Closes debate on pending motion YES
NO NO YES
Limit or extend
limits of debate Purpose is to limit or extend debate YES
NO YES
YES
Motion to continue
to a certain time Continues the matter to another, YES
YES
YES
NO
Refer to committee
Sends subject to another city agency,
body, committee, board, commission or
officer for further study and report back
to council, at which time subject is fully
YES
Only as to propriety of
referring, not substance
of referral
YES
NO
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Motion Description 2nd
Required Debatable Amendable 2/3 Vote
Amend or substitute
Modifies (or reverses course of)
proposed action. Cannot raise
independent question. Can amend an
YES
Only if underlying motion is
debatable YES
NO
Reconsider meeting or adjourned meeting in which
the action was taken YES YES NO NO
4.3. Voting and Debate of Agenda Items
1. Presiding officer to review motion
The presiding officer shall assure that all motions are clearly stated before allowing debate to
begin. The presiding officer and the maker of the motion should work with the City Clerk to clarify
the motion before allowing debate to begin. The presiding officer may review the motion prior to
voting.
2. Presiding officer may debate and vote
The presiding officer may move, second and debate from the chair, subject only to such limitations of
debate as are by these rules imposed on all Council members. The presiding officer shall not be
deprived of any of the rights and privileges of a Council member.
3. Division of question
If the question contains two or more divisible propositions, each of which is capable of standing as a
complete proposition if the others are removed, the presiding officer may, and upon request of a
Council member shall, divide the same. The presiding officer's determination shall be appealable
by any Council member.
4. Withdrawal of motion
A motion may only be withdrawn by the maker with the consent of the Council Member
seconding it.
5. Change of vote
Council members may change their votes before the next item on the agenda is called.
6. Voting
On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device
and entered in full upon the record, except where state law requires a roll call vote
7. Failure to vote
It is the responsibility of every Council member to vote unless the member is recused. No Council
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member can be compelled to vote.
8. Abstaining from vote
Council members should only abstain if they are not sufficiently informed about an item,
e.g. when there was a prior meeting on the topic and they were unable to view the prior meeting
before the current meeting. In the event of an abstention, or silence during a vote, the
abstainer in effect, "consents" that a majority of the quorum of the Council members present may
act for him or her.
9. Not participating
A Council member who is recused from an item due to a conflict of interest, common law bias, or other
legal prohibition shall make disclosures required by law, leave the dais if required, and not
participate in any way in the discussion or determination of the item. A Council member may
otherwise disqualify themself to avoid an appearance of impropriety.
10. Tie votes
Tie votes may be reconsidered during the time permitted by these rules on motion by any member
of the Council voting yes or no during the original vote. Before a motion is made on the next item
on the agenda, any member of the Council may make a motion to continue the matter to another
date. To the extent allowed by law, it is the Council’s intention that any continuance hereunder
shall suspend the running of any time in which action of the Council is required by law. Nothing
herein shall be construed to prevent any Council member from recommending the agendizing of a
matter that resulted in a tie vote for a subsequent meeting.
11. Motion to reconsider
A motion to reconsider any action taken by the Council may be made only during the meeting or
adjourned meeting when the action was taken. A motion to reconsider requires a second, is
debatable and is not amendable. The motion must be made by one of the prevailing
side of an issue but may be seconded by any Council member. A motion to reconsider may be
made at any time and shall have precedence over all other motions, or while a Council member has
the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring
back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered.
Reconsideration may be moved only once on the same motion. However, a Council member may
make a motion to rescind such action at a subsequent meeting of the Council, provided an
appropriate item is on the published agenda.
12. Appeal from the decision of presiding officer
When the rules are silent, the presiding officer shall decide all questions of order, subject to
appeal by a Council member. When in doubt, the presiding officer may submit the question to
the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding
officer may be appealed by request of any member. The presiding officer shall call for a roll call or
electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said
vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the
decision or ruling of the presiding officer is reversed.
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13. Getting the floor; improper references to be avoided
Every Council member desiring to speak shall address the presiding officer and, upon recognition by
the presiding officer, every Council member shall be confined to the question under debate, avoiding
all indecorous language and personal attacks.
14. Interruptions
Except for being called to order, a Council member once recognized, shall not be interrupted
when speaking, except as otherwise provided for in these rules. A Council member called to order
while speaking shall cease speaking until the question or order is determined, and, if in order, said
Council member shall be permitted to proceed.
15. Council Member Speaking Time
The presiding officer shall give each Council member up to five (5) minutes to speak in each round
of discussion during discussions on Council items where discussion takes place. The Council shall
follow the speaking times set by the presiding officer and the presiding officer or Vice Mayor shall
enforce the speaking time set.
4.4 Quasi-Judicial Matters
A. Quasi-Judicial Matters
It is the policy of the Council to assure that the due process rights of all persons are protected during
City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due
process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings
involve consideration of an application to develop real property. The City, including Council and
associated Boards and Commissions, reaches a determination by applying standards and
requirements in existing law to the facts and evidence submitted in the hearing. Findings must be
stated to explain the evidentiary basis for Council’s final decision.
Purpose
These rules are intended to assure that City Council decision making on quasi-judicial matters is
based upon facts and evidence known to all parties and to support the role of Boards and
Commissions in making independent recommendations to Council.
General Requirements
i. Quasi-Judicial Proceedings Defined
Quasi-judicial proceedings subject to these procedural rules include hearings involving the
following matters:
a. Conditional Use Permits
b. Variances
c. Home Improvement Exceptions
d. Design Enhancement Exceptions
e. Subdivisions, other than final map approvals
f. Architectural Review
g. Other Matters as Determined by the City Attorney
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ii. Restrictions on Council Communications Outside of Quasi-Judicial Hearings
It is the policy of the Council to discourage the gathering and submission of information by
Council members outside of any noticed public meeting, prior to final recommendations
by the Architectural Review Board or Planning & Transportation Commission. The
following procedural guidelines are intended to implement this policy but shall not be
construed to create any remedy or right of action.
iii. Identification of Quasi-Judicial Matters
The City Attorney, in conjunction with the City Clerk and City Manager, will identify
agenda items involving quasi-judicial matters on both the tentative and regular Council
agendas. This identification is intended to inform the Council, interested parties, and the
public that this policy will apply to the matter.
iv. Council to Track Contacts
Council members should track contacts with any person or entity pertaining to quasi-judicial
matters. Contacts include conversations, meetings, site visits, mailings, or presentations
during which substantial factual information about the item is gathered by or submitted to
the Council Member.
v. Disclosure
When the matter is agendized at Council, Council members will disclose any contacts which
have significantly influenced their preliminary views or opinions about the item. The
disclosure may be oral or written and should explain the substance of the contact so that the
project applicant, other Council members, interested parties, and the public will have an
opportunity to learn of the factors influencing the Council's decision and to attempt to
controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed
sufficient basis for a request to continue the item. A contact or the disclosure of a contact shall
not be deemed grounds for disqualification of a Council Member from participation in a quasi-
judicial matter unless the Council Member, in consultation with the City Attorney,
determines that the nature of the contact is such that it is not possible for the Council
Member to reach an impartial decision on the item.
vi. No Contacts after Hearings
Following closure of a quasi-judicial hearing, and prior to a final decision, Council
Members will refrain from any contacts pertaining to the item, other than clarifying questions
directed to City staff.
vii. Written Findings Required
On any matter for which state law or City ordinance requires the preparation of written
findings, the staff report and other materials submitted on the matter will contain findings
proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed
findings must include a statement of alternative or modified findings or a direction that the
matter under consideration be continued for a reasonable period of time in order for staff
to prepare a new set of proposed findings consistent with the evidence which has been
presented and the decision which is anticipated.
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viii. Rules of Evidence
Council hearings need not be conducted according to formal rules of evidence. Any
relevant evidence may be considered if it is the sort of evidence upon which responsible
persons rely in the conduct of serious affairs. The presiding officer may exclude
irrelevant or redundant testimony and may make such other rulings as may be necessary
for the orderly conduct of the proceedings while ensuring basic fairness and full consideration
of the issues involved. Evidentiary objections shall be deemed waived unless made in a
timely fashion before the Council.
ix. Council Members Who are Absent During Part of a Hearing
A Council member who is absent from any portion of a hearing conducted by the Council
may vote on the matter provided that he or she has watched the video record of the entire
portion of the hearing from which he or she was absent and if she or he has examined all of
the exhibits presented during the portion of the hearing from which he or she was absent.
Council members who were absent should state for the record that they have reviewed the
proceedings and materials.
B. Presenting at Quasi-Judicial Hearings
In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10 minutes for
their opening presentation and 3 minutes for rebuttal before the hearing is closed. In the case of a
quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation
and rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall
be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the
hearing is closed; however, each individual appellant shall be given a minimum of 5 minutes for
presentation and 3 minutes for rebuttal. In the event a request is made and the need for additional
time is clearly established, the Presiding Officer shall independently, or may upon advice of the
City Attorney, grant sufficient additional time to allow an adequate presentation by the applicant or
appellant.
C. Submittal of Materials Directly to Council
If Council receives planning application materials related to agenda item matters they should
notify the City Clerk and the City Manager as soon as possible so that the materials can be placed
in the official record and distributed to all Council members, parties to the proceeding, staff and
the public.
* * *
SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL
5.1. Public Participation During City Council Meetings
Overview
The Council welcomes members of the public to participate in meetings through public comment
opportunities. It is the policy of the Council to assure that members of the public have the opportunity
to speak to any regular or special meeting agenda item before final action. These rules are intended to
enhance public participation and Council debate so that the best possible decisions can be made for
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Palo Alto. Palo Alto has a long and proud tradition of open government and civil, intelligent public
discourse. Open government meetings must allow everyone to be heard without fear of cheers or
jeers. For these reasons, the Council takes these rules seriously. Disruptive or unruly behavior in
violation of the law can result in removal from the Council meeting and/or arrest and prosecution.
A. Access to Meetings
In-Person and Remote Participation. Council meetings are available in person in the Council
Chambers and through an online meeting platform. Members of the public are welcome to attend
the meeting in person or to join the online meeting platform.
Translators: Speakers may bring a translator as needed and will be allotted additional time, as
appropriate.
ADA Access. Palo Alto makes every reasonable effort to accommodate the needs of the disabled
consistent with law. Any provision of these rules may be modified if needed to provide reasonable
accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650-
329-2571 (voice) or email at City.Clerk@cityofpaloalto.orgCity.Clerk@cityofpaloalto.org.
B. Summary of Rules for Public Participation
Every regular Council agenda has two different kinds of opportunities for the public to speak. The
first is during General Public Comment. The second is during the public comment or public hearing
portion of each agenda item.
General Public Comment. This part of the meeting is provided so that the public can speak to any
subject that is in the Council’s jurisdiction, when there is no item listed on the agenda on that
topic. The Council limits the total time to up to 30 minutes per meeting for General Public
Comment. State law does not permit the Council to act on or discuss an item raised at that
meeting inGeneral Public Comment, and Council members shall not enter into debate with
speakers, but Council members may ask brief clarifying questions and may ask City staff to follow
up on any concerns raised.
Public comment or public hearing portion of each agenda Item. The Brown Act requires the
opportunity for public comment on all listed agenda items, except ceremonial items, procedural
items (Agenda Changes and Deletions) and brief announcements (City Manager Comments and
Council Member Questions, Comments and Announcements). Public comments or testimony must
be related to the matter under consideration.
C. Time Limits
Individual Speakers. The presiding officer will announce the time that each speaker may use. The
Council generally allows 3 minutes per speaker but a shorter time may be designated when there
are many speakers or items on the agenda (For example, if there are fewer than 10 speakers, the
speakers would usually get 3 minutes to speak. If there are more than 10 speakers, then the
presiding officer may choose to reduce the time for each speaker).
Spokesperson for a Group. When a group of people wishes to address the Council on the same
subject matter, they may designate a spokesperson to address the Council. Spokespersons are
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subject to the same time limits as other speakers, except that spokespersons who are representing
a group of five or more people who have requested to speak and are verified as present in the
Council Chambers or online will be allowed 10 minutes and will, to the extent practical, be called
upon ahead of individual speakers. If the presiding officer reduces the speaking time for individual
speakers, the total speaking time for a spokesperson will also be reduced as determined by the
presiding officer.
D. Gaining Permission to Speak
Any person who wants to make a spoken public comment on an item on the Council agenda can
do so if they are attending either in person or virtually. If attending in person, members of the
public should fill out a speaker card and hand it in to the City Clerk prior to the end of the staff
presentation. Members of the public participating virtually should use the “raise hand” function
in the online meeting platform, or if participating via phone, hit *9 to notify the Clerk that they
wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor so
that the speakers can be identified and organized in an orderly way.
E. Public Decorum During Meeting
The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is authorized and
required to “preserve strict order and decorum.” (PAMC section 2.04.080(b).) This is important in
order to assure a fair opportunity for everyone to participate in an open and civil setting.
a) No person, other than a Council member and the person having the floor, shall be
permitted to speak without the permission of the presiding officer.
b) All remarks should be addressed to the Council as a body and not to any individual
member or staff person.
c) No person, besides staff or the Council, shall enter the staff area of the Council dais without
the permission of the presiding officer or appropriate Council Appointed Officer.
d) The Palo Alto Municipal Code makes it unlawful for any person to: (1) Disrupt the
conduct of a meeting; (2) Make threats against any person or against public order and
security while in the Council Chambers; (3) Use the Council Chambers during meetings
for any purpose other than participation in or observation of City Council Meetings.
Any Council Member may appeal the presiding officer’s decision on a decorum violation
to the full Council. Decorum violations are a misdemeanor and may lead to a person
being removed from the Council meeting. (PAMC sections 2.04.120, 2.04.150.)
F. Record of Speakers
• Persons wishing to address the Council shall use the microphone provided for the public
and speak in a recordable tone, either personally or with assistance, if necessary.
• Speakers are requested to state their name but cannot be compelled to do so as a
condition of addressing the Council.
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G. End of Public Comment After a Council Motion
Following the time for public input and once the matter is returned to the Council no person
shall address the Council without first securing the permission of the presiding officer to do
so, subject to approval of the City Attorney with respect to any hearing required by law.
* * *
SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS
In order to facilitate open government, all Council Members should make decisions with the same
information from Staff on agendized or soon-to-be agendized items (i.e., items on the tentative agenda or
in a Council Committee). The Council adopted protocols provide a framework for the policy on e-mail
communications between Council members and staff on agenda-related items, including the following:
6.1. Submit Questions on Council Agenda Items Ahead of the Meeting
In order to focus the Council meetings on consideration of policy issues and to maintain an open
forum for public discussion, questions which focus on the policy aspects of agenda items should be
discussed at the Council meeting rather than in one-on-one communications with staff prior to the
meetings. Any clarifications or technical questions that can be readily answered can be handled
before the meeting. Council members are encouraged to submit their questions on agenda items
to the appropriate Council Appointed Officer or City Manager by 5:00 p.m. the Wednesday prior to
the meeting so staff can be prepared to respond before or at the Council meeting.
6.2. City Council emails for Agenda-Related Items Procedure
• Council members should direct any questions on staff reports and agenda items only to the
City Manager or designee. Questions on reports from the City Auditor, City Attorney, or
City Clerk should be directed to the appropriate Council Appointed Officer.
• Council members should submit questions on agenda items no later than 5 p.m. on the
Wednesday prior to the Council meeting at which the item will be discussed. Staff will
make best reasonable efforts to post written responses to timely-submitted questions by
Thursday 5 p.m. Any questions received after 5 p.m. on the Wednesday before the
meeting may be responded to via e-mail, or alternatively, will be responded to at the
Council meeting.
• Staff will not engage in “dialogues” with individual Council members regarding questions;
however, follow-up questions to initial questions will be responded to at the Council
meeting.
• Staff will give highest priority to responding prior to the Council meeting via e-mail only on
items on the Consent Agenda. Questions which address the policy aspects of the item on
the Council agenda will not be responded to prior to the meeting, although Staff
welcomes such questions in advance of the meeting in order to prepare for the Council
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and public discussion. Technical and clarifying questions on non-Consent Calendar items
will be responded to as time permits.
• If the staff will be responding to a Council members Consent Agenda question at the meeting
rather responding to the question via e-mail, Staff will inform the Council member as early
as possible after receipt of the question(s).
• Questions and all staff-prepared responses will be forwarded to all Council members as well
as post online for public review of Council agenda questions and staff responses. Staff will
include the name of the Council member posing the questions in the “subject” field of the e-
mail response.
• Copies of all Council member agenda questions and staff responses will be emailed to the
Council p and posted publicly on the meeting agenda. If staff responses are not released
until the meeting date, they will be provided in printed form at the dais.
* * *
SECTION 7 – ANNUAL COUNCIL PRIORITY SETTING GUIDELINES
Annual Council Priority Setting Guidelines
The following language is from the City Council Priority Setting Guidelines” document adopted by the
City Council on October 1, 2012.
Priorities Background and Definition
The City Council adopted its first Council priorities in 1986. Each year the City Council reviews its
priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the
definition of a Council priority, and the Council’s process and guidelines for selection of priorities.
A Council priority is defined as a topic that will receive particular, unusual and significant attention
during the year. This varies from a Council value which is defined as an enduring goal and intention to
guide the work of the City Council. The values allow the City Council to maintain these enduring
intentions while also selecting annual priorities that reflect shorter-term projects and goals. The City
Council Values are listed below.
Purpose
The establishment of Council priorities will assist the Council and staff to better allot and utilize time
for discussion and decision making.
Process
In advance of the annual Council Retreat, staff will solicit input from the City Council on the priorities
to be reviewed and considered for the following year.
• Council members may submit up to three priorities.
• Priorities should be submitted no later than December 1.
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• As applicable, the City Manager will contact newly elected officials for their input by
December 1.
• The City Manager and the City Clerk will solicit for the public to share proposed
priorities prior to the Council retreat. The Policy and Services Committee shall
recommend to the Council which suggestions if any shall be considered at the City
Council retreat.
• Staff will collect and organize the recommended priorities into a list for Council
consideration and provide to Council in the packet for the City Council retreat.
• If needed, the Policy and Services Committee, each year at its December meeting,
shall make recommendations about the process that will be used at the Annual
Retreat paying particular attention to the number of priorities suggested by Council
members. The recommended process is to be forwarded to Council for adoption in
advance of the Council retreat.
Guidelines for Selection of Priorities: There is a goal of no more than three priorities per year and
priorities generally have a three-year time limit.
In November 2022, the Council adopted a set of values as described here:
The Palo Alto City Council has universally shared values that help guide our decisions and the work
we do. These values include:
1. We will make decisions that balance revenues and expenses, now and in the future.
2. We will make decisions that are environmentally sustainable, now and in the future.
3. We will integrate equity into our decisions, considering how decisions affect people
differently based on their identity or circumstances.
4. We will make decisions that create a healthy, safe and welcoming community for all.
5. We will safeguard public trust through transparent practices and open communication.
6. We embrace innovation.
* * *
SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT
8.1. Commit to Annual Review of Important Procedural Issues (exist. Protocol 3.1)
At the beginning of each legislative year, the Council will hold a special meeting to review the Council
protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and other important
procedural issues.
8.2. Enforcement (exist. Protocol Section 5)
Council members have the primary responsibility to assure that these protocols are understood and
followed, so that the public can continue to have full confidence in the integrity of government. As an
expression of the standards of conduct expected by the City for Council members, the protocols are
intended to be self-enforcing. They therefore become most effective when members are thoroughly
familiar with them and embrace their provisions. For this reason, Council members entering office shall
sign a statement affirming they have read and understood the Council protocols. In addition, the
protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary.
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Under circumstances where Council members believe that actions by another Council member are
inconsistent with this Handbook and require formal review and potentially action, a public discussion
and censure are available steps for review and enforcement.
Should two or more Council members believe that actions by a Council member are inconsistent with
this Handbook, a Colleagues Memo may be used as a method to schedule public discussion of the
matter at an upcoming City Council meeting. Based on the Council discussion, the matter may then be
closed or proceed to consideration of further steps including censure.
Censure is an official reprimand or condemnation made by Council in response to specified conduct by
one of its own members. Censure is disciplinary in nature, and requires the formal adoption of a
resolution setting forth the Council member’s alleged violations of law and/or policies. Censure may
require an investigation, and must protect the due process rights of the Council member. Censure
carries no fine or suspension of the rights of the Council member as an elected official but a censure is
a punitive action that serves as a punishment for wrongdoing.
Through a Colleagues Memo, Council members may request a formal censure action be placed on a
Council agenda. The City Clerk shall provide notice of the possible censure to the Council member who
is the subject of the action. The notice shall contain the specific charges on which the proposed
censure is based and the date and time that the matter will be heard. Upon hearing the testimony, the
Council may take action by resolution setting forth its findings and stating the terms of the censure.
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PART II: CITY COUNCIL PROTOCOLS
The citizens, businesses and organizations of the city are entitled to have fair, ethical and
accountable local government, which has earned the public’s full confidence for integrity. To this
end, the City Council has adopted Council Protocols and this Code of Ethics for members of the
City Council to assure public confidence in the integrity of local government and its effective and
fair operation.
Section 1 – City Council Conduct (exist. Protocol Section 2)
1.1. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place environment
for City employees and for citizens and businesses dealing with the City. Members shall recognize
their special role in dealings with City employees to in no way create the perception of
inappropriate direction to staff.
1.2. Comply with Law
Members shall comply with the laws of the nation, the State of California and the City in the
performance of their public duties. These laws include but are not limited to: the United States
and California constitutions, the city Charter, laws pertaining to conflicts of interest, election
campaigns, financial disclosures, employer responsibilities and open processes of governments
and City ordinances and policies.
A. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order
established by the City Council governing the deliberation of public policy issues, meaningful
involvement of the public and implementation of policy decisions of the City Council by City staff.
1.3. City Council Core Responsibilities (exist. Protocol Sec. 1)
All members of the City Council, including those serving as Mayor and Vice Mayor, have equal
votes. No Council Member has more power than any other Council Member, and all should be
treated with equal respect.
All Council Members:
A. Demonstrate honesty and integrity in every action and statement
B. Comply with both the letter and spirit of the laws and policies affecting the operation
of government.
C. Serve as a model of leadership and civility to the community
D. Inspire public confidence in Palo Alto government
E. Work for the common good, not personal interest
F. Prepare in advance of Council meetings and be familiar with issues on the agenda
G. Fully participate in City Council meetings and other public forums while demonstrating
respect, kindness, consideration, and courtesy to others
H. Do not politicize procedural matters such as minutes approval or agenda order for strategic
purposes
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I. Participate in scheduled activities to increase Council effectiveness
J. Review Council procedures, such as these Council Protocols, at least annually
K. Represent the City at ceremonial functions at the request of the Mayor
L. Be responsible for the highest standards of respect, civility and honesty in ensuring the
effective maintenance of intergovernmental relations
M. Respect the proper roles of elected officials and City staff in ensuring open and effective
government
N. Provide contact information to the City Clerk in case an emergency or urgent situation
arises while the Council Member is out of town
1.4. General Member Conduct
Councils are composed of individuals with a wide variety of backgrounds, personalities, values,
opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve
the quality of life in the community. In all cases, this common goal should be acknowledged even as
Council may "agree to disagree" on contentious issues.
A. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the
appearance of impropriety. Members shall refrain from abusive conduct, personal charges or
verbal attacks upon the character or motives of other members of the Council, boards and
commissions, the staff or the public. Rude and unprofessional behavior are also unacceptable.
B. In Public Meetings (exist. Protocol 2.1)
1) Use Formal Titles
The Council should refer to one another formally during Council meetings as Mayor, Vice
Mayor or Council Member followed by the individual’s last name.
2) Practice Civility and Decorum in Discussions and Debate.
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and
information are legitimate elements of a free democracy in action. Be respectful of diverse
opinions.
3) Honor the Role of the Presiding Officer in Maintaining Order and Equity.
Respect the Chair's efforts to focus discussion on current agenda items. Objections to the
Chair's actions should be voiced politely and with reason, following the parliamentary
procedures outlined in the City Council Procedural Rules.
4) Demonstrate Effective Problem-Solving Approaches.
Council members have a public stage to show how individuals with disparate points of view
can find common ground and seek a compromise that benefits the community as a whole.
Council members are role models for residents, businesspeople and other stakeholders
involved in public debate.
5) Be Respectful of Other People's Time.
Stay focused and act efficiently during public meetings.
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C. In Private Encounters
Treat Others as You Would Like to be Treated.
Ask yourself how you would like to be treated in similar circumstances, and then treat the
other person that way.
1.5. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather
than on unrelated considerations.
1.6. Advocacy
A. Representation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not appear
on behalf of the private interests of third parties before the Council or any other board,
commission or proceeding of the City, nor shall members of boards and commissions appear
before their own bodies or before the Council on behalf of the private interests of third parties on
matters related to the areas of service of their bodies.
B. Advocacy
Members shall represent the official policies or positions of the City Council, board or commission
to the best of their ability when designated as delegates for this purpose. When presenting their
individual opinions and positions, members shall explicitly state they do not represent their body
or the City, nor will they allow the inference that they do.
C. Council Voting Delegate Authority at Conferences / Annual Meetings
The Council may authorize a Council member to act as the voting delegate at conferences or
meetings of other bodies, including, but not limited to, the League of California Cities annual
conference, National League of Cities conference, and the Association of Bay Area Governments
(ABAG) annual meeting. Prior to the conference / meeting, the Council may provide the voting
delegate with specific direction on proposed resolutions and other matters. When provided
specific direction, the voting delegate’s authority is limited to matters on which the Council has
directed the delegate to vote.
1.7. Council Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff,
which analyze problems and issues, make recommendations, and implement and administer the
Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect
for the contributions made by each individual for the good of the community.
A. Treat All Staff as Professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is
expected. As with your Council colleagues, practice civility and decorum in all interactions with City
staff.
B. Channel Communications through the Appropriate Senior City Staff
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Questions of City staff should be directed only to the City Manager, Assistant City Manager, City
Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or Department
Heads. The Office of the City Manager should be copied on any request to Department Heads. Council
members should not set up meetings with department staff directly, but work through Department
Heads, who will attend any meetings with Council members. When in doubt about what staff contact
is appropriate, Council members should ask the City Manager for direction. However, nothing in
these protocols is intended to hinder the access Council-appointed liaisons (e.g. to the San
Francisquito JPA or NCPA) may require in order to fulfill their unique responsibilities.
D. In order to Facilitate Open Government, All Council Members Should Make Decisions with the
Same information from Staff on Agendized or Soon- to be- Agendized Items (Items on the Tentative
Agenda or in a Council Committee)
E. Never Publicly Criticize an Individual Employee, Including Council Appointed Officers. Criticism is
differentiated from questioning Facts or the opinion of staff.
All critical comments about staff performance should only be made to the City Manager through
private correspondence or conversation. Comments about staff in the office of the City Attorney,
City Auditor or City Clerk should be made directly to these CAOs through private correspondence
or conversation.
F. Be Cautious in Representing City Positions on Issues
Before sending correspondence related to a legislative position, check with City staff to see if a
position has already been determined. When corresponding with representatives of other
governments or constituents remember to indicate if appropriate that the views you state are
your own and may not represent those of the full Council.
As a Council member, it is important to remember to indicate when the views you state are your
own versus views which represent those of the full Council. This is relevant whether sending
correspondence related to a legislative position or corresponding with constituents or
representatives of other governmental agencies or organizations.
In the case where the Council has appointed a Council member to serve on a regional governing
body to represent the interests of the entire region, the Council member serving on that regional
body should clearly state if they are representing the City or the regional board or commission in
their positions.
G. Do Not Attend Staff Meetings Unless Requested by Staff
Even if the Council member does not say anything, the Council member’s presence may imply
support, show partiality, intimidate staff, or hampers staff’s ability to do its job objectively.
H. Depend upon the Staff to Respond to Citizen Concerns and Complaints
It is the role of Council members to pass on concerns and complaints on behalf of their
constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular
way. Refer citizen complaints to the appropriate senior staff member, according to the protocol
on channeling communications. The senior staff member should respond according to the Policy
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and Procedure for Responding to Customer Complaints. Senior staff is responsible for making
sure the Council Member knows how the complaint was resolved.
I. Do not Solicit Political Support from Staff
The City Charter states that “Neither the city manager or any other person in the employ of the
city shall take part in securing or shall contribute any money toward the nomination or election
of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and
the Assistant City Manager) have professional codes of ethics, which preclude politically partisan
activities or activities that give the appearance of political partisanship. Council members should
avoid any staff interactions that may be construed as trying to shape staff recommendations to
be presented to the Council as a whole.
J. Use of Public Resources
Members shall not use public resources, such as City staff time, equipment, supplies or facilities,
for private gain or personal purposes.
J. Use of City Letterhead
Official Mayor/City Council letterhead should only be used for correspondence signed by the
Mayor or City Council members when specifically directed by the Council or consistent with prior
City Council direction. This applies to the use of any stationery that could be interpreted as
official letterhead.
1.8. Use of Staff Time
A. Do Not Get Involved in Administrative Functions (exist. Protocol 2.3 E)
The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto Municipal
Code:
“Neither the council nor any of its committees or members shall direct, request or attempt to
influence, either directly or indirectly, the appointment of any person to office or employment by
the city manager or in any manner interfere with the city manager or prevent the city manager
from exercising individual judgment in the appointment of officers and employees in the
administrative service. Except for the purpose of inquiry, the council and its members shall deal
with the administrative service solely through the city manager, and neither the council nor any
member thereof shall give orders to any of the subordinates of the city manager, either publicly or
privately.”
B. Respect the “One Hour” Rule for Staff Work
Requests for staff support should be made to the appropriate senior staff member, according to
the protocol for channeling communications. Any request, which would require more than one
hour of staff time to research a problem or prepare a response, will need to be approved by the
full council to ensure that staff resources are allocated in accordance with overall council priorities.
Once notified that a request for information or staff support would require more than one hour,
the Council Member may request that the City Manager place the request on an upcoming Council
agenda. The 1-hour rule applies to all Council members equally.
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* * *
SECTION 2 - City Council Conduct with Palo Alto Boards and Commissions
The City has established several Boards and Commissions as a means of gathering more community input.
Citizens who serve on Boards and Commissions become more involved in government and serve as
advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated
with appreciation and respect. Council members serve as liaisons to Boards and Commissions, according
to appointments made by the Mayor, and in this role are expected to represent the full Council in
providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for
the full Council on matters for which the full council has not yet taken a policy position. In other
instances, Council members may attend Board or Commission meetings as individuals, and should follow
these protocols:
2.1. If Attending a Board or Commission Meeting, Identify Your Comments as Personal
Views or Opinions.
Council members may attend any Board or Commission meeting, which are always open to
any member of the public. Any public comments by a Council Member at a Board or
Commission meeting, when that Council Member is not the liaison to the Board or
Commission should make a point to clearly state it is an individual opinion and not a
representation of the feelings of the entire City Council.
2.2. Refrain from Lobbying Board and Commission Members.
It is inappropriate for a Council member to contact a Board or Commission member to lobby
on behalf of an individual, business, or developer, or to advocate a particular policy
perspective. It is acceptable for Council members to contact Board or Commission members
in order to clarify a position taken by the Board or Commission.
2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, not
as Individual Council Members.
The City Council appoints individuals to serve on Boards and Commissions, and it is the
responsibility of Boards and Commissions to follow policy established by the Council. Council
members should not feel they have the power or right to unduly influence Board and
Commission members. A Board and Commission appointment should not be used as a
political reward.
2.4. Concerns about an Individual Board or Commission Member Should be Pursued with
Tact.
If a Council member has concerns with a particular Board or Commission member
fulfilling his or her roles and responsibilities and is comfortable in talking with that
individual privately, the Council member should do so. Alternatively, or if the problem is
notresolved, the Council Member should consult with the Mayor, who may address the issue
to the Council as appropriate.
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2.5. Be Respectful of Diverse Opinions.
A primary role of Boards and Commissions is to represent many points of view in the
community and to provide the Council with advice based on a full spectrum of concerns and
perspectives. Council members may have a closer working relationship with some individuals
serving on Boards and Commissions but must be fair to and respectful of all citizens serving on
Boards and Commissions.
2.6. Keep Political Support Away from Public Forums.
Board and Commission members may offer political support to a Council member, but not in a
public forum while conducting official duties. Conversely, Council members may support Board
and Commission members who are running for office, but not in an official forum in their capacity
as a Council member.
2.7. Maintain an Active Liaison Relationship.
Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled
meetings of their assigned Board or Commission.
2.8 Role of Council Liaison to Board or Commission
The role of Council liaison to a Board or Commission is to share prior Council discussions and
actions on issues as applicable, and assist the Board or Commission in understanding likely
Council perspectives on issues as well as how the Board or Commission might support Council
decision-making.
* * *
SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL
3.1. Respond to Council Questions as Fully and as Expeditiously as is Practical
The protocol for staff time devoted to research and response is in application here. If a Council Member
forwards a complaint or service request to a department head or a Council Appointed Officer, there will be
follow-through with the Council Member as to the outcome.
3.2. Respect the Role of Council Members as Policy Makers for the City
Staff is expected to provide its best professional recommendations on issues. Staff should not try
to determine Council support for particular positions or recommendations in order to craft
recommendations. The Council must be able to depend upon the staff to make independent
recommendations. Staff should provide information about alternatives to staff recommendations
as appropriate, as well as pros and cons for staff recommendations and alternatives
3.3. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in
Public Meetings
3.4. It is Important for the Staff to Demonstrate Respect for the Council at all Times. All Council members
Should be Treated Equally
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* * *
THIS SECTION UNDER REVIEW To be
reviewed in 2023
SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND
MISCELLANEOUS EXPENSE REIMBURSEMENT
This policy is set by the City Council and applies to Council members and to Board and Commissions
members, who will be referred to as “Officials” in the policy. In reimbursing travel and miscellaneous
expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in
accord with the Charter and Municipal Code, such expenditures must be from authorized appropriations.
4.1. Eligible Activities
The following activities (“Eligible Activities”) are recognized by the Council as advancing
municipal purposes and are eligible for expense reimbursement, subject to limitations on
activities and specific and total expenditures described elsewhere in this policy:
A. Communicating with representatives of regional, state and national government on adopted city
policy positions;
B. Attending educational seminars designed to improve officials’ skill and information levels;
C. Participating in regional, state and national organizations whose activities affect the City’s
interest;
D. In collaboration with City staff, implementing a city-approved strategy for attracting or retaining
businesses to the City.
All other expenditures require prior approval by the City Council at a regular or special meeting.
4.2. Out-of-Town Conferences or Meetings
A. Reimbursement
All payments for travel and meetings shall be on the basis of either reimbursement of expenses
advanced by the Council Member/Official or payments made directly to travel agencies/websites,
hotels, airlines or the organization sponsoring the meeting. All requests for payments or
reimbursements must be accompanied by invoices or paid detailed receipts and a copy of
descriptive literature about the conference or meeting. The City Clerk, Mayor or Chair for Officials
must approve, in advance, individual travel requests for out-of-town meetings and conferences,
e.g., Annual League of California Cities Conference, National League of Cities Conference, etc.,
including Eligible Activates.
Allowable expenses for local or Bay Area Eligible Activates do not require prior approval by the
Mayor or Chair.
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The total reimbursement shall not exceed the budget adopted by the Council for this purpose.
All reimbursements shall comply with the limits of Policy and Procedures 1-02 (Citywide Travel
Policy).
Expense reports should be submitted within 30 days of end of trip. Inability to provide such
documentation in a timely fashion may result in expense being borne by the Council Member or
Official.
• Meals
The City will provide a per diem (“per day”) allowance for meals and incidentals to Council
members or Officials who are approved to travel overnight for official City business. Council
members or Officials will receive a flat rate for meals and will not be required to submit receipts.
The per diem rate varies and is dependent on the destination of travel. The rates for the various
travel destinations are available on the U.S. General Services Administration website
(http://www.gsa.gov/portal/content/104877). When meals are provided at an event, the value of
that meal will be deducted from the daily per diem rate. Travelers will receive 75% of the daily per
diem amount on days requiring transportation to and from the location (i.e., departure day and
return day) regardless of departure and arrival times. Meals provided on days of travel shall be
deducted at full-value.
C. Lodging Expense
Council members or Officials shall select single occupancy, standard, non-deluxe
accommodations and should stay at hotels offering economical lodging rates. When possible,
travelers attending a conference or seminar should stay at conference hotels, which offer a
negotiated rate.
The City will not reimburse any cost related to the extension of a hotel stay beyond the time
necessary to complete the event. An out-of-state trip involving cross-county travel may
require hotel accommodations both before and after the conference or training.
Within California and adjoining states, an extra night’s hotel stay should not be necessary if
flight arrangements can be made the same day.
The use of hotels is restricted to cities located beyond 50 miles (one-way) from the City of
Palo alto or the traveler’s residence (whichever is shortest). For example, if the destination is
Sacramento and you live in Palo Alto (118 miles) or Oakland (81 miles), you would qualify for
a hotel (and per diem for meals). However, if you live in Vacaville (35 miles) or Lodi (36 miles)
you would not qualify for a hotel.
Expenses incurred for guests of the traveler and the like are not reimbursable.
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Incidental expenses related to City business shall be reimbursed at cost as supported by
submitted receipts. Incidental expenses may include hotel parking charges, Internet
connection services, and telephone charges.
The actual costs for parking will be reimbursed when approval to use a personal vehicle or
rental car is obtained in advance. Council members or Officials should use the lowest cost
alternative for parking within a reasonable area from the destination. Internet connection
services purchased to conduct City business are reimbursable. Other charges on the hotel
bill, such as pay-TV movies, cleaning, laundry, room service charges or charges for additional
guests are not reimbursable.
D. Transportation
1) Air Transportation
Council members or Officials shall fly economy class on the lowest flight available for the
most direct route to the final destination, which could reasonably include scheduled
layovers. Council Members or Officials are encouraged to make air reservations as early
as feasible to obtain the greatest discount and to consider the use of alternate but
nearby airports to take advantage of the lowest fares. Extension of the trip to cover a
weekend stay to obtain a lower airfare does not entitle the Council Member or Official
to be reimbursed for the extra day’s hotel.
Council members or Officials may use City travel to qualify for frequent flyer credits, but
the selection of an airline for a given trip shall not be made for the purpose of
accumulating such credits. Council members or Officials that choose to use their
personal frequent flyer miles for City business shall not be reimbursed for the value of
the tickets. If the airline charges for all checked baggage, the City will cover the cost for
one checked bag only. Excess baggage charges are not reimbursable.
2. Rental Cars
Rental cars shall be approved if other ground transportation, such as shuttles or taxis, is
more expensive during the stay at the destination. Only economy or compact car
models may be rented unless an upgrade is provided by the rental agency at no
additional cost. Because the City is self-insured, Council members or Officials should
decline any additional insurance offered by the rental company. Council members or
Officials must also decline the Fuel Purchase Options (which allows for prepayment of a
gas tank refill) and shall refuel prior to returning the rental car. Rental car options such
as GPS devices and any other extra optional charges are not reimbursable.
The use of a rental car, in lieu of a private auto, to travel to and from an out-of-town
event will be reimbursed either at the current IRS mileage rate or the car rental cost
apportioned for the number of days used for City business, whichever is less.
3. Private Automobiles
Private automobiles may be used for personal or group transportation on extended trips.
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Reimbursement shall be made at the current IRS mileage rate. The distance to be
reimbursed shall be measured from the place of work and from the employee’s home,
and the calculated mileage reimbursement shall be based upon which of the two
distances is shorter. Mileage reimbursement for private automobiles shall not exceed the
cost of roundtrip air transportation (economy class) for a reservation made at least
seven days in advance of the trip.
4.3. Local or Bay Area Activities
Council members or Officials who have been requested or designated to represent the City may
receive the actual cost of:
A. Meals, if they are a scheduled feature of the activity, e.g., SCCCA dinner meetings.
B. Registration fees where applicable.
C. Mileage if activity is outside the City (mileage claims should be submitted monthly, with
details: date and type of meeting, number of miles traveled to be indicated), consistent
with City Policy and Procedures 1-02.
D. Council members and Officials may be reimbursed by the City for use of a private bicycle
to attend local or Bay Area activities outside the City of Palo Alto consistent with City Policy
and Procedures 2-9.
4.4. Other Expenses
Ethics Training Expenses – AB1234 requires ethics training every two years and such fee and
related expenses are eligible for reimbursement.
4.4. Activities Not Considered Reimbursable
A. Voluntary attendance at any conference or meeting, not representing the City.
Meetings of social or service organizations.
B. Meetings of voter groups or with individual citizens concerned with agenda items.
• Election campaign activities.
• Alcohol and entertainment expenses.
• Personal portion of the trip and other non-mileage automobile expenses.
4.6. Reports to Council
Council members and officials shall provide brief verbal reports on meetings attended at the City’s
expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a
joint report may be made. All related documents are subject to the Public Records Act and can
be periodically reviewed by auditors.
4.7. Violation of This Policy
Use of public resources or falsifying expense reports is in violation of this policy and may result in
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any or all of the following:
- Loss of reimbursement privileges
- A demand for restitution to the City
- The City reporting the expenses as income to the elected or appointed Official to state and
federal tax authorities
- Civil penalties of up to $1000 per day and three times the value of the resources used
- Prosecution for misuse of public resources
4.8. Mayor and Vice Mayor Additional Compensation
The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional
expenses of these offices.
4.9. Support Services
The City Clerk’s Office makes travel arrangements for Council members. This service includes
conference registration, hotel reservations, per diem advances and reimbursement of unforeseen
expenses. The department liaison for each board and commission will be responsible for
arrangements for Officials.
4.10. Miscellaneous Expenditures
New Language: Miscellaneous Expenditures
None
(updated after Dec. 13 P&S Discussion)
X.1 Expenditure of City Council Contingency Funds
Expenditures from the City Council Contingency budget must be directed by Council motion, either via
a colleagues memo or as part of an agendized item.
X.2 City Purchase of Tickets or Sponsorship of Non-Profit Organization Events
the City Manager may purchase tickets or sponsor events by non-profit organizations, subject to
budget availability, under any of the following circumstances:
1. where the event serves a City educational purpose,
2. recognition for work done by staff (not including elected or appointed officials), or
3. expending budget allocations specifically intended for event attendance.
x.3 Expenditure for Annual Holiday Event
Expenditures from the Council special event budget may be directed to be expended for an annual
holiday celebration, subject to budget availability for attendance by Council members, executive
leadership staff and community leaders. Event details will be coordinated by the Mayor and facilitated
* * *
ITEM 4
Attachment A- Clean Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 51 Packet Page 91 of 175
City Council Protocols and Procedures Handbook
48
SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors
Members shall respect the confidentiality of information concerning the property, personnel or affairs of
the City. They shall neither disclose confidential information without proper legal authorization, nor use
such information to advance their personal, financial or other private interests. There are many State laws
regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised
of and comply with State law on these topics.
ITEM 4
Attachment A- Clean Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 52 Packet Page 92 of 175
DRAFT – Dec. 14, 2022
1
DRAFT FOR REVIEW As of Dec. 14, 2022
(Redlined)
CITY COUNCIL
PROCEDURES AND PROTOCOLS
HANDBOOK
Procedures and Protocols Approved 02/01/2020 with New Table
of Contents Structure for Review
If you have any questions about this handbook, please feel free to contact the City Clerk
by phone at (650) 329-2571 and e-mail at city.clerk@cityofpaloalto.org or the City
Attorney by phone at (650) 329-2171 and e-mail at city.attorney@cityofpaloalto.org.
ITEM 4
Attachment B- Redlined Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 53 Packet Page 93 of 175
DRAFT – Dec. 14, 2022
2
TABLE OF CONTENTS
(note: page numbers may be off and will be updated after
Council review on Dec. 19)
SECTION TOPIC PAGE
PART I CITY COUNCIL PROCEDURES
ITEM 4
Attachment B- Redlined Copy of
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Protocols Handbook
Item 4: Page 54 Packet Page 94 of 175
DRAFT – Dec. 14, 2022
3
PART II CITY COUNCIL PROTOCOLS 38
1 City Council Conduct 38
1.1. Positive Workplace Environment 38
1.2. Comply with Law 38
1.3. City Council Core Responsibilities 38
1.4. General Member Conduct 39
1.5 Decisions Based on Merit 40
1.6 Advocacy 40
1.7 Council Conduct with City Staff 41
1.8 Use of Staff Time 43
2 City Council Conduct with Palo Alto Boards and Commissions 44
2.1 If Attending a Board or Commission Meeting Identify Your
Comments as Personal Views or Opinions
44
2.2 Refrain from Lobbying Board or Commission Members 44
2.3. Remember that Boards and Commissions are Advisory to the
Council as a Whole, Not Individual Council Members
44
2.4 Concerns about an Individual Board or Commission Member Should
be Pursued with Tact
44
2.5 Be Respectful of Diverse Opinions 45
2.6 Keep Political Support Away from Public Forums 45
2.7 Maintain an Active Liaison Relationship 45
2.8. Role of Council to Board or Commission 45
3 Staff Conduct with City Council 43
3.1 Respond to the City Council as Fully and as Expeditiously as Possible 45
3.2 Respect the Role of Council members as Policy makers for the City 45
3.3. Demonstrate Professionalism and Non-Partisanship in All
Interactions with the Community and in Public Meetings
46
3.4. It is Important that Staff Demonstrate Respect for the Council at All
Times. All Council Members Should Be Treated Equally.
46
4 City Council and Boards and Commissions Policy for Travel and
Miscellaneous Expense Reimbursement
47
4.1 Eligible Activities 46
4.2 Out-of-Town Conferences or Meetings 46
4.3 Local or Bay Area Activities 47
4.4 Other Expenses 49
4.5 Activities Not Considered Reimbursable 49
4.6 Reports to Council 49
4.7 Violation of this Policy 50
4.8 Mayor and Vice Mayor Additional Compensation 50
4.9 Support Services 50
4.10 Miscellaneous Expenditures 51
5 Confidentiality, Conflicts of Interest, Gifts And Favors 51
ITEM 4
Attachment B- Redlined Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 55 Packet Page 95 of 175
City Council Protocols and Procedures Handbook
4
Introduction
The purpose of this City Council Procedures and Protocols Handbook is to review communicates a set of
rules through which the Palo Alto City Council conducts its business in a fair, equitable and effective
manner. The Handbook consists of two parts: Procedures describing the process through which work is
done, and Protocols that set expectations for conduct and behavior. Adoption of the Handbook is
requirement of the Palo Alto Municipal Code:.
Municipal Code 2.04.100 -– Handbook of procedural rules
The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the
conduct of meetings and hearings for the council and its standing committees, including but not
limited to agenda requirements, the order of business, rules of order, rules of evidence, closed
session procedures and rules for public participation in meetings. The handbook of procedural
rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the
basis for challenge to or invalidation of any action of the council, nor shall they be construed to
create any independent remedy or right of action of any kind.
The handbook is organized in two parts:
Part I: City Council Procedures
This section explains the process through which work is done and basic rules for City Council
meetings including public participation guidelines.
Part II: City Council Protocols
This section explains conduct guidance for the City Council.
If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State
or Federal law, the Charter, Code, or State or Federal law shall govern.
ITEM 4
Attachment B- Redlined Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 56 Packet Page 96 of 175
City Council Protocols and Procedures Handbook
5
PART I: CITY COUNCIL PROCEDURES
SECTION 1 -– CITY COUNCIL ORGANIZATION AND STRUCTURE
1.1. Annual Organization of City Council
The Palo Alto Charter, Article III, Section 8 directs Council to elect one of its members to serve as
Mayor and one as Vice-Mayor, and sets forth their duties. Palo Alto Municipal Code Section 2.04.060
provides additional detail. Mayor and Vice-Mayor are elected at the first meeting in January each
year. Nominations may be made by any Council member and do not require a second.
1.2. Council Committees
1. Standing Council Committees
Policy
It is the policy of the Council to use standing committees in open and public meetings to study City
business in greater depth than what is possible in the time allotted for Council meetings.
Purpose
These rules are intended to enhance public participation and committee meetings so that the best
possible decisions can be made for Palo Alto.
General Requirements
Council standing committees shall be subject to the following procedural rules:
• Quorum
A majority of the committee membership shall constitute a quorum.
• Referrals [REWRITTEN to comply with law]
Only the Council or City Manager shall make referrals to the standing committees.
Referrals will generally be directed to only one of the standing committees. Items may be
withdrawn from the committee and taken up for consideration by the Council at any Council
meeting with the consent of a majority of the Council, and subject to any applicable
noticing or agenda posting requirements.
Council members who submit matters to the Council which are referred to a standing
committee may attend the committee meeting but only as an observer; they may not
speak or otherwise participate in the committee meeting.
ITEM 4
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Protocols Handbook
Item 4: Page 57 Packet Page 97 of 175
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6
If Council wishes to allow members who are not serving on the committee to speak, the
meeting should be noticed as a meeting of the full Council, and all Council procedural
requirements will apply.
• Function of committees
The purpose and intent of committee meetings is to expedite Council action by providinge
for more thorough and detailed discussion and study of prospective or current Council
agenda items with a full and complete airing of all sentiments and expressions of opinion on
City problems by both the Council and the public, to the end that Council action will be
expedited. Actions of the committee shall be advisory recommendations only to the full
Council, except as to matters expressly delegated to the committee by Council. Matters
requiring Council action may not be delegated (e.g., approval of contracts, employee
appointment or removal, and adoption of ordinances or resolutions).
• Minutes and Report of Committee
The City Clerk shall be responsible for the preparation and distribution to the Council of the
minutes of standing committee meetings. The minutes for these meetings shall be action
minutes which reflect the motions made during these meetings. The minutes shall be
delivered to all Council mMembers before the Council meeting at which the committee'’s
recommendations are to be discussed. The minutes of each committee meeting serve as
the report to the Council and should be included, as appropriate, in subsequent relevant
staff reports.
• Report of committee
The minutes of each committee meeting shall serve as the report to the Council. Any
member may write a separate report.
• Agenda
The chairperson of each standing committee shall work with staff to prepare the agenda for
committee meetings. Items should be scheduled as they are ready, taking into account the
sequence of referral, the time required for staff research and analysis to support
committee discussions, the time-sensitivity of items, and other factors as determined by
the chair and City Manager.
• Public Participation at Committees
Public comment on agenda items will be limited to a maximum of five minutes per
speaker, or any alternate time limit specified by the presiding officer. The chair shall
determine the time that each speaker is allotted during general public comment and
public comment on agendized items. The chair will typically set speaking time somewhere
between 3 and 5 minutes. If extended public participation is desired the chair may provide
for a longer period; if there are a large number of speakers or many agenda items,
speaking time may be shortened.
[The two subsections below have been deleted because they are obsolete (#8) or factored
into subsections above (#9 is now part of #7 above)]
ITEM 4
Attachment B- Redlined Copy of
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Protocols Handbook
Item 4: Page 58 Packet Page 98 of 175
City Council Protocols and Procedures Handbook
7
• Conduct of standing committee meetings
The chairperson of each committee may conduct meetings with as much informality as is
consistent with Council procedural rules, which shall also be in effect during committee
meetings. The views of interested private citizens may be heard in committee meetings,
but in no case shall a committee meeting be used as a substitute for public hearings
required by law.
• Oral Communications
Opportunities for oral communications shall be provided in the same manner as Council
meetings.
ITEM 4
Attachment B- Redlined Copy of
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Protocols Handbook
Item 4: Page 59 Packet Page 99 of 175
City Council Protocols and Procedures Handbook
8
B. Standing CommitteesPolicy and Services Committee
1) Policy and Services Committee – Role, Purpose, and Work Planning
The Municipal Code states that the role of the Council Policy & Services Committee is to consider
and make recommendations on matters referred to it by the council relating to parliamentary and
administrative procedures and policy matters pertaining to intergovernmental relations, personnel
policies, planning and zoning, traffic and parking, public work, and community and human services.
(§2.04.220). In 2009 and 2010, the Council reviewed the purpose and structure of the Committee
and adopted several recommendations. This section documents Council’s motions related to the
Policy & Services Committee.
Purpose Statement: The purpose of the Policy & Services Committee is to review and identify
important community issues and City policies and practices to ensure good public policy. The
Committee shall consider and make recommendations to Council on matters relating to
parliamentary protocols, procedures and policy matters.
New Language: Add other Standing Committees (Finance, City Schools, and CAO)
None
C. Finance Committee
– Role, Purpose, and Work Planning
The Municipal Code states that the role of the Council Finance Committee is to consider and
make recommendations on matters referred to it by the Ccouncil relating to finance, budget,
financial audits, capital planning and debt. (§2.04.210).
D. Council Appointed Officers (CAO) Committee
In addition to the Policy & Services and Finance Committees, which are described in the
Municipal Code, Council the Mayor each year appoints members to two additional
committees that have continuing subject matter jurisdiction and are not intended to be
temporary: the Council Appointment Officers (CAO) Committee, and the City-Schools Liaison
Committee.
The CAO Committee meets on an as-needed schedule to address issues that Council has
referred to the Committee related to Council's four direct appointees: the City Manager, City
Attorney, City Clerk and City Auditor. For example, the committee may be tasked with duties
related to performance evaluations, compensation, and the filling of vacancies.
E. City Schools Liaison Committee
The City-Schools Liaison Committee is composed of two Council members and two members
of the Board of Education of the Palo Alto Unified School District. The committee’s purpose is
to share information, collaborate, and coordinate on issues related to Palo Alto’s school-aged
children and youth.
ITEM 4
Attachment B- Redlined Copy of
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Protocols Handbook
Item 4: Page 60 Packet Page 100 of 175
City Council Protocols and Procedures Handbook
9
CF. Ad Hoc Committees and Committee as aof the Whole
Policy
The Council may create Ad Hoc Committees or the Committee of theas a Whole on a limited basis
where necessary to study City business in greater depth than what is possible in the time allotted
for Council and Standing Committee meetings.
Purpose
These rules are intended to clarify the distinctions between Standing and, Ad Hoc Committees, and
the Committee as aof the Whole and to set up guidelines for creation of Ad Hoc Committees. and
the Committee as a Whole.
General Requirements
Council Ad Hoc Committees and the Committee of theas a Whole shall be subject to the following
procedural rules:
A. Definition of Ad Hoc Committee
An Ad Hoc Committee is a temporary advisory committee composed solely of less than a
quorum of members of the Council or any Council Standing Committee. The work of an
Ad Hoc Committee has a limited or single purpose. An Ad Hoc committee is not intended
to be perpetual but rather to be dissolved in a finite period time, once its specific task is
completed. By contrast, a Standing Committee has continuing subject matter jurisdiction
over a variety of related topics.
B. Definition of Committee as a Whole [DELETION CONFIRMED BY P&S AT DEC. 13 DISCUSSION]
A Committee of theas a Whole is a committee composed of the entire City Council. The
group’s work of the Committee as a Whole is limited to a single finite purpose.
C.B. Brown Act
The Committee as a Whole is subject to the Brown Act. The procedural requirements of
the Brown Act apply to all committees that have either: (a) continuing subject matter
jurisdiction over a matter or group of related matters; or (b) a regular meeting schedule
set by Council action. All Standing Committees are Brown Act bodies. Ad hoc committees
are generally not Brown Act bodies, provided that they are temporary bodies, formed for
the purpose of addressing a limited or single purpose, include only members of Council,
and do not have a regular meeting schedule set by Council action. When Council creates
an Ad Hoc committee that is not a Brown Act body, Council may, at its discretion, direct
that the committee follow Brown Act procedures.
D.C. Creation and Appointment
The Mayor or the City Council may create an Ad Hoc Committee and appoint three or fewer
members of the Council to serve. In contrast, only the Council and not the Mayor alone can
create a Standing Committee; the Mayor makes appointments to Standing and Ad Hoc
Committees. The Mayor will publicly announce any Ad Hoc Committee created by her or
him, its membership and stated purpose and post this information on the City Council
ITEM 4
Attachment B- Redlined Copy of
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Protocols Handbook
Item 4: Page 61 Packet Page 101 of 175
City Council Protocols and Procedures Handbook
10
website. The City Manager shall prepare a report to Council about the anticipated time
commitment required for staff to assist the Ad Hoc Committee.
E.D. Duration
Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does
not complete its task by the end of the calendar year, it shall not continue unless
reappointed by the new Mayor in the following year.
F.E. Members
Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall
not include any other persons, includingsuch as members of other legislative bodies.
G.F. Reporting [Updated to conform to current practice]
Ad Hoc Committees shall report their recommendations to the Council no less thanin the
timeframe directed by Council. Any Council Member may ask during COUNCIL MEMBER
QUESTIONS, COMMENTS AND ANNOUNCEMENTS that an updated Ad Hoc Committee
report be placed on an upcoming meeting agenda.
H.G. Termination of Ad Hoc Committee by Majority of Council
A majority of the Council may vote to terminate any Ad Hoc Committee following
placement of the issue on an agenda.
I.H. Conclusion
A public announcement shall be made any time the Ad Hoc Committee has concluded its work
and/or upon dissolution.
1.3. Respect the Work of the Council Standing Committees [UPDATED to reflect current practice]
Council should respect the work of the Standing Committees, as their The purpose of the Council standing
committees is to provide focused, in-depth discussion of issues to help inform and expedite Council
business. Council should respect the work of the committees. If a matter is taken forward to the full
Council for approval after receiving a unanimous vote at Committee, the item will be placed on the
Consent Calendar, unless otherwise recommended by the Committee, Mayor, City Attorney or City
Manager if any of these entities believe the item is of significant public interest.
* * *
SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS
The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This
purpose recognizes the value of establishing a community understanding of meeting procedures so that
broad public participation is encouraged. This purpose also recognizes that Council mMembers must
have a common approach to the discussion and debate of City business so that meetings are both
streamlined and thorough.
These are guidelines, rather than rules. The Council intends that City staff and Council members will
follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency,
ITEM 4
Attachment B- Redlined Copy of
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Protocols Handbook
Item 4: Page 62 Packet Page 102 of 175
City Council Protocols and Procedures Handbook
11
unfairness, or the promotion of form over substance. State law establishes a variety of mandatory
meeting rules the City must follow in order to assure open and public government, regardless of unusual
situations and consequences. (See Cal. Govt Code section 54950.)
2.1. Meeting Schedules, Agendas and Supporting Materials
A. Meeting Schedules for Regular and Special Meetings
The City Council generally conducts two different kinds of meetings: Regular Meetings and Special
Meetings.
The Municipal Code provides that regular City Council meetings are conducted at City Hall
on the first three Monday nights of each month, except during the Council’s annual
summer and winter recesses, at 6 p.m.
The Council also schedules periodic special meetings, which are meetings on any day or time
other than the regular meeting time. This may include meetings on the regularly-scheduled first
three Mondays where the start time is 5 p.m. or earlier, or meetings on a fourth or fifth Monday,
or meetings scheduled on any other day or time.
Special meetings are “special” because the Mayor or Council can call them on a minimum of 24
hours’ notice, or because they are held on a different day of the week, at a different time, or in a
different location. The Mayor or Council may call a Special meeting on a minimum of 24 hours’
notice. Special meetings need not be held at City Hall, as long as the alternate location is within
the City. The Council makes every effort to provide notice well in advance of 24 hours, especially
when the special meeting is for the purpose of conducting a Study Session.
BA. Posting of Agendas
Under the Brown Act, meeting agendas must be posted no later than the Friday72-hours prior to
regular meetings and 24-hours prior to special meetings immediately preceding the meeting. It is
City policy to make every effort to post the agenda on Thursday, 11eleven days prior to Monday
meetings, whether regular or special. Agendas are posted in King Plaza by the elevators and are
uploaded to the City Council web page.
CB. Supporting Reports and Materials (exist. Procedures 2.3.2)
It is City policy to make every effort to provide supporting reports and materials at the time the
agenda is posted. Typically, this will occur eleven11 days before the meeting. Materials that are not
available at the time of agenda posting will be distributed as soon as feasible before the meeting.
Materials that are distributed to a majority of Council will be made available to the public at the
same time, as required by law. Some materials, such as presentation materials or “supplemental
memoranda (previously referred to as “at places” memoranda) may be distributed to Council
mMembers and the public at the meeting.
DC. Late Submittal of Correspondence or Other Information Related to Planning Applications
In order to allow for adequate staff review and analysis, and to ensure public access to information,
all plans, correspondence, and other documents supporting planning applications being heard by the
ITEM 4
Attachment B- Redlined Copy of
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Protocols Handbook
Item 4: Page 63 Packet Page 103 of 175
City Council Protocols and Procedures Handbook
12
City Council must be submitted to staff not later than noon 5five working days prior to the release
of the Council Agenda Packet. If any correspondence or other information is submitted after this
deadline to Council members or staff, and staff determines additional review is needed, staff will
reschedule the item for a future Council meeting. If a Council member receives planning
application materials from a project applicant, or receives other significant material related to the
application from any source, he or she shall notify the City Clerk and the City Manager as soon as
possible so that all relevant material can be entered into the official record and made available to
all parties and the public. There are no restrictions on the rights of applicants or others to
comment or respond to information contained within the Staff Report. At the meeting the City
Council may determine whether to continue or refer the item to the appropriate Board and/or
Commission if significant changes to a project or significant new information become known.
Nothing in this statement is intended to restrict the rights of applicants or other interested
parties to respond to information contained in or attached to athe Staff Report.
2.2. The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings
There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be
conducted, including review of approximate time allocation of Staff Report presentations and to
ensure adequate time for large complex items; 2) to identify any issues or questions that may
need greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration
in building the agenda should be given to the potential length of the meeting and at what point
items of significant public concern may be heard.
The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice
Mayor are invited and expected to attend the pre-Council meetings with the City Manager and
other CAOs, and Department Managers. The Mayor and Vice Mayor’s role is to represent the
interest of the entire Council.
2.3. Attendance Procedures
A. Attendance Required
Council mMembers, the City Clerk, City Attorney, and City Manager, along with any other
cCity officers and department heads that have been requested to be present, shall take their
regular stations in the Council cChambers at the start of every scheduled meeting. The
Ppresiding Oofficer will ensure that each meeting will include at least one 10-minute break. The
Council expects its members to attend regularly and notify the City Clerk of any planned
absences. The Council may levy fines of up to $250.00 against Council members who willfully or
negligently fail to attend meetings. (PAMC section 2.04.050.).
B. Remote Attendance of Council Members at Council and Committee Meetings [UPDATED to
comply with law]
Council members are strongly encouraged to attend meetings in person. State law allows
Council members to attend meetings remotely by following the procedures outlined in
Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures
outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these
procedures are described below and are current as of the date of Handbook revision. If state
law is subsequently amended, the amended terms of State law will apply.
ITEM 4
Attachment B- Redlined Copy of
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Protocols Handbook
Item 4: Page 64 Packet Page 104 of 175
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1) Number of Remote Appearances. Remote attendance shall be permitted not more than 3
five (5) times a year per legislative body (for example, five times a year for full Council
meetings and five additional times a year for a Council committee). This includes remote
attendance at meetings of Council and Council committees. AB 2449 rules still apply which
state that no more than two meetings may be attended remotely for “just cause,” as
described below.
2) General Procedures for Appearing Remotely. Council members must follow mandatory
procedures set forth in State law. For convenience, these procedures are described below
and are current as of the date of Handbook revision. If state law is subsequently amended,
the amended terms of State law will apply. At any meeting where a Council member is
attending remotely, the following requirements must be met:
i. In addition, aAt least a quorum of the Council must participate from a singular
physical location within the City (Government Code Section 54953(b)(3)).
ii. The agenda must identify and include an opportunity for the public to attend and
directly address the council member through a call-in option, an internet-based
service option, and in-person at the location of the meeting.
iii. Council members may not take action if there is an unresolved disruption to the
meeting broadcast, to a remote council member’s audio or visual feed, or to the
ability to take call-in or internet-based public comment.
If these two above threshold requirements are can be met, the Council member who will
be appearing telephonically attending remotely must ensure they follow the procedures
associated with either Standard Remote Attendance or AB 2449 Remote Attendance. must
ensure that:
3) Standard Remote Attendance Procedures. A Council member attending remotely using these
procedures must ensure that:
a. The meeting agenda identifies the teleconference remote attendance location and is
posted at that location in an area that is accessible and visible 24 hours a day for at
least 72 hours prior to thea regular meeting and 24 hours prior to a special meeting.
b. The remote attendance teleconference location is open and fully accessible to the
public, and fully accessible under the Americans with Disabilities Act, throughout the
entire meeting. These requirements apply to private residences, hotel rooms, and
similar facilities, all of which must remain fully open and accessible throughout the
meeting, without requiring identification or registration.
c. The remote attendance teleconference technology used is open and fully accessible
to all members of the public, including those with disabilities.
d. Members of the public who attend the meeting at the remote attendance
teleconference location have the same opportunity to address the Council from the
ITEM 4
Attachment B- Redlined Copy of
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Protocols Handbook
Item 4: Page 65 Packet Page 105 of 175
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remote location that they would if they were present in Council Chambers.
e. The remote attendance teleconference location must not require an admission fee or
any payment for attendance.
e.f. If the meeting will include a closed session, the Council Member must also ensure
that there is a private location available for that portion of the meeting. A private
location means a closed room such that no other person can hear any portion of the
closed session.
If the Council Member intending to follow the procedures of Standard Remote Attendance
determines that any or all of these requirements cannot be met, he or she shall not participate in
the meeting via teleconferenceremotely using Standard Remote Attendance procedures.
Standard Remote Attendance Guidelines: [UPDATED to comply with current practice]
• Five days written notice in advance of the publication of the agenda must be given by the
Council member to the City Clerk’s office about their intent to participate remotely; the
notice must include the address at which the remote attendance will occur, and the address
the Council packet should be mailed to, if a hard copy is requested.
• The Council member is responsible for posting the Council agenda in the remote location, or
having the agenda posted by somebody at the location and confirming that posting has
occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to
whatever address or fax number the Council member requests; however, it is the Council
member’s responsibility to ensure that the agenda arrives and is posted. If the Council
Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or
address must be included in the five-day advance written notice above.
• The Council Member must ensure that the location will be publicly accessible while the
meeting is in progress.
• The Council Member must state at the beginning of the Council meeting that the posting
requirement was met at the location and that the location is publicly accessible and must
describe the location.
AB 2449 Remote Attendance Procedures. A Council member attending remotely using these procedures
must ensure that: [NEW SECTION TO REFLECT NEW LAW]
1 The Council member has either “just cause” or “emergency circumstances” to do sothat require
remote participation, pursuant toas required by AB 2449.
12 “Just cause” is defined as:
a. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse,
or domestic partner that requires remote attendance,
b. a contagious illness that prevents in-person attendance,
c. a need related to a physical or mental disability which cannot be resolved by a request for
reasonable accommodation, or
ITEM 4
Attachment B- Redlined Copy of
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d. travel while on the business of a state or local agency.
23 Notice. A Council member with “just cause” to attend remotely must notify the Council or Council
committee and the City Clerk at the earliest possible opportunity, including at the start of the
meeting, of their need to participate remotely and provide a general description of the
circumstances.
34 The Council member is facing “emergency circumstances” that justify remote attendance and the
Council or Council committee approves of their remote attendance pursuant to AB 2449.
a. “Emergency circumstances” is defined as a physical or family medical emergency that
prevents a Council member from attending the Council meeting in person.
b. Notification and acceptance.
i. A Council member attending remotely due to “emergency circumstances” must
notify the Council or Council committee and the City Clerk at the earliest possible
opportunity.
ii. The Council or Council committee must request a general description of the
circumstances relating to the council member’s need to appear remotely. The
description does not need to have more than 20 words, and the cCouncil member
does not have to disclose any personal medical information.
iii. At the earliest opportunity available to it, the Council or Council committee
maymust, by a majority vote of its members, take action on the request to
approve or disapprove it. If the request does not allow sufficient time to place it
on the agenda for the meeting for which the request is made, the legislative body
may must take action on the request at the beginning of the meeting by majority
vote.
45 Disclosures. Council members attending remotely must publicly disclose at the meeting before any
action is taken whether any other individuals 18 years of age or older are present in the room at the
remote location with the member and the general nature of the member’s relationship with the
individual.
56 Technology. All technology necessary for to attend remotely must function at all times, which must
include two-way, live audio and visual communication.
If the Council Mmember intending to follow the procedures of AB 2449 Remote Attendance
determines that any or all of these requirements cannot be met, he or she shall not participate in
the meeting remotely using AB 2449 Remote Attendance procedures.
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AB 2449 Remote Attendance Guidelines:
At the start of the meeting, the Council member attending remotely may use the following
language to identify under which provision they are attending remotely:
Provision 1:
“I have just cause to attend this meeting remotely under AB 2449. I have not attended a
meeting remotely due to just cause more than once this calendar year. I have attended
[NUMBER] meetings remotely this calendar year. I must attend this meeting remotely
because…
1. “… I must provide caregiving to [RELATION].”
2. “… a contagious illness prevents me from attending in person.”
3. “… I have a need related to a disability which could not be accommodated at this
meeting.”
4. “… I am travelling while on official business of [STATE OR LOCAL AGENCY].”
“In this room, I am accompanied by…
5. “…no one over the age of 18.”
6. “…one or more individuals over the age of 18. They are [RELATION (e.g., my
spouse, coworker, medical provider)].”
Provision 2:
“Due to emergency circumstances, I request to attend this meeting remotely under AB
2449. I have attended [NUMBER] meetings remotely this calendar year. The [PHYSICAL
OR FAMILY] medical emergency I am facing requires my remote attendance because
[BRIEF DESCRIPTION].”
2) “In this room, I am accompanied by…
3) “…no one over the age of 18.”
4) “…one or more individuals over the age of 18. They are [RELATION (e.g.,
my spouse, coworker, medical provider)].”
2.4. Colleagues Memos
Any two Council mMembers may bring forward a colleagues memo on any topic to be considered
by the entire Council. A minimum of Ttwo Council members are required to place such a memo on
the agenda, reflective of the Council procedure requiring a motion and a second for consideration
of a motion by the Council. Up to three Council members may sign a colleague memo. To comply
with the Brown Act, three is the maximum number Council members who may discuss or sign
onto a colleagues memo. Prior to preparing a colleagues memo, Council mMembers willshould
consult with the City Manager to determine whether the City Manager is or is not able to address
the issues as part of his/hertheir operational authority and within current budgeted resources.
Colleagues memos should have a section drafted by the City Manager that identifies any potential
staffing or fiscal impacts of the contemplated action. This section will be drafted by the City
Manager. Council members shall provide a copy of the proposed memo to the City Manager and
City Attorney prior to finalization. Completed Council colleagues memos shallshould be provided to
the City Manager, City Attorney and City Clerk’s staff by noon on the Tuesday 11 days prior to the
Council meeting that the memo is intended to be agendized, to provide time for the City Clerk to
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process for the Council packet with as much advance notice as possible, to provide time for staff
to prepare the resource impact section and prepare the memo for placement on the agenda.
The City Council will not take action on the night that a colleagues memo is introduced if it has
any implications for staff resources or current work priorities which are not addressed in the
memo. The Council will discuss the colleagues memo and refer it to a committee or direct the City
Manager to agendize the matter for Council action, allowing City staff time to prepare a summary
of staffing and resource impacts. Action may be taken immediately by the Council on colleagues
memos where there are no resource or staffing implications, or where these implications are fully
outlined in the colleagues memo. The Brown Act requires that the public be fully informed of the
potential action by the Council when the agenda is published, and in no event less thanat least 72
hours before a scheduled regular Council meeting. In order to satisfy the Brown Act requirements,
the Council should consult with the City Attorney to ensure that the proposed title to the
colleagues memo contains all actions that the Council mMembers want completed on the night of
the Council review.
Existing Language
Proposed New Language
will not be accepted between the date of an election that includes election of new Council
* * *
SECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA (exist. Procedures 2.4)
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order
described below, except as determined otherwise by the Mayor in consultation with the City Manager. In
setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in
the agenda-setting process if needed.It is the Council’s policy to hear the major items of business first at
each meeting, to the extentpossible. The City Manager, with prior approval of the Mayor, is authorized to
designate upon the agenda of the Council items that shall be taken up first or at a specific time during the
course of the meeting. (PAMC section 2.04.070.) The City Council may take matters up out of order upon
approval by a majority vote of those present:
a. Call to Order
b. Special Orders of the Day
c. Study Session and/or Closed Session
d. Agenda Changes, Additions and Deletions
e. Oral CommunicationsGeneral Public Comment
f. Approval of Minutes
g.f. Consent CalendarAgenda
Items may be placed upon the consent calendar by any council-appointed officer whenever, in
such officer's judgment, such items are expected to be routinely approved without discussion or
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debate. Council Minutes are approved on Consent. The consent calendar shall be voted upon as
one item.
h.g. City Manager Comments
i.h. Action Items
j. Inter-Governmental Legislative Affairs
k.i. Council Member Questions, Comments and Announcements
l.j. Adjournment
Items Considered After 10:30 p.m.
The City Council makes every effort to end its meetings before 11:00 p.m. With that goal in mind,
Tthe Council also generally does not take upstart discussion of new matters after 10:30 p.m. Before
10:00 p.m. the Council will decide and announce whether it will begin consideration of any agenda
items after 10:30 p.m. and, if so, which specific items will be taken up.
3.1. Call to Order
3.2. Closed Sessions [UPDATED to comply with law and reduce repetitive language]
Closed sessions are the only part of a Council meeting that the public cannot attend though they
are allowed to make public comments before the start of the closed session. Council may meet in
closed session only as specifically authorized by State law. The most common types of closed
sessions are labor negotiations, litigation, employment issues, and real estate negotiations.
The Council mustwill make a public report after the session when certain kinds of actions are
takenwhere required by State law.
A. Closed Session Requirements
1) Announcements Before Closed Sessions
The Mayor/City Clerk shall announce the item or items to be considered in closed session
by reference to the appropriate agenda number or letter, or in an alternate form that shall
be provided by the City Attorney.
2) Public Comments
Members of the public are permitted to make public comments on closed session
matters. The City Clerk shall be present in the open session to record Council attendance and
any statements made during oral communicationsby the public or by the Council.
3) Vote to Go Into Closed Session
The Council shall vote to go into closed session.
4) Attendance
The City Manager and City Attorney, or their designees, shall attend closed sessions
unless it is necessary to excuse them. Only such aaAdditional staff shall attend as are
necessary and then only if the legal privileges of confidentiality obtained in an executive
session are maintainednot waived.
5) Public Reports
State Law and a Palo Alto initiative require the Council to make a public report after a closed
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session when certain kinds of actions are taken. (PAMC section 2.04.030.). Reports from
closed sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence, or
such other City representative as designated by the Council. Such designated person is
the only individual authorized to make public statements concerning the closed session.
It is the policy of the City Council to inform the public of action taken in closed session to the
greatest extent possible. It is recognized, however, that the need for confidentiality is
inherent in closed sessions and that certain matters if revealed may be a detriment to the
results desired. The Council shall publicly report:
(a) any decision to appoint, employ, or dismiss a public employee and the roll call
vote thereon at its next public meeting,
(b) actions related to litigation and the roll call vote on such actions, unless the
report would, in the written opinion of the City Attorney for specifically stated
reasons, clearly jeopardize the City’s ability to effectuate service of process on one
or more unserved parties or impair the City’s ability to resolve the matter through
negotiation, mediation or other form of settlement. Notwithstanding the City
Attorney's written opinion, the Council may under any circumstance, by majority
vote, determine that it is in the City's best interests to disclose actions taken in
closed session related to litigation. The public report shall be given as soon as
possible, but no later than the next regular meeting, and shall include the vote or
abstention of every member present. The City Attorney’s written opinion shall be
made public, along with any action taken and any vote thereon, as soon as any
litigation is concluded. The City Attorney shall record any action and vote upon
such forms as the City Attorney may deem desirable.
6) No Minutes
No minutes of closed sessions shall be kept. The City Attorney shall record the information
necessary to comply with State law and Municipal Code section 2.04.030.
and the Palo Alto initiative.
7) Confidentiality
No person in attendance at a closed session may disclose the substance or effect of any
matter discussed during the session . (PAMC section 2.04.040.), except to the extent
authorized by a majority vote of Council or as required by a court.
3.3. Study Sessions
Study Sessions are meetingsagenda items during which the Council receives information about City
business in an informal setting. Study sessions are intended to be discussion items only. The
informal study session setting is intended to encourage in-depth discussion and detailed
questioning and brainstorming by Council on issues of significant interest, including City policy
matters, zoning applications, and major public works projects. The Council may discuss the
material freely without following formal rules of parliamentary procedure. Staff may be directed to
bring matters back for future Council consideration as no action can be taken at a study session.
The Decorum rules still apply to the behavior of the Council and public.
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A. Study Session Procedures
1) Time
Special study sessions will be held as needed.
2) No Formal RulesTopics and Process
Study sessions are intended to be conducive to in-depth factual presentations by City staff
and detailed questioning and brainstorming by Council on issues of significant interest.
The Council may discuss the material freely without following formal rules of
parliamentary procedure, and the Mayor shall have discretion to determine the
appropriate process for conducting the study session, including when public comment
and oral communications will be heard.
3) Public Participation (updated after Dec 13 P&S Discussion)
Members of the public are allowed to make public comments on study session matters
asat the time directed by the presiding officer. The general rules of decorum apply.
4) No Final Action Taken
Staff may be directed to bring matters back for Council consideration at future meetings, as
no action can be taken.
3.4. Special Orders of the Day
3.5. Agenda Changes, Additions, and Deletions
A. When the Council is unable to complete its agenda, the remaining business will
generally be rescheduled as follows. (Nnothing in this section shall be deemed to
supersede or conflict with state law).:
1) Items Rescheduled to a Date Uncertain
When Council reschedules an item to a date uncertain, the City Manager, Clerk and Mayor
shall confer on an appropriate date to reschedule the item.
2) Items Rescheduled to a Date Certain
Council may reschedule an item to a specific future Council meeting.
B. Adding New Items to the Agenda
No matters other than those Only matters on the agenda shall be taken up finally acted upon by
the Council, except in cases of emergency, as defined by State law. However, emergency actions
(as defined in Government Code section 54956.5) and matters upon which there is a lawful need to
take immediate action (as defined in Government Code section 54954.2) may, with the consent of
two-thirds, or all members present if less than two-thirds are present, be considered and acted
upon by the Council.
3.6. Oral CommunicationsGeneral Public Comment (see Section 5 on Public Participation for more
details about “General Public Comment”)
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3.7. Consent Agenda
The Consent calendar Agenda portion is the section where items not anticipated to require
discussion can be presented and acted upon efficiently by Council. This generally includes
administrative items; implementation of policies and programs previously approved by Council,
including contracts; and other routine or non- controversial items shall be presented. The Mayor
and City Manager should be sensitive to high dollar value itemscontracts and consider placing
those items in the action agenda section. The consent section may include:
A. Ordinances and Resolutions
The following ordinances and resolutions may appear on a consent calendar:
• Second Reading (passage and adoption) of Ordinances.
• Resolutions that are ceremonial in nature.
• Ordinances or resolutions that implement a prior Council policy direction in the manner
contemplated by the Council's previous actions, in the Adopted Budget (including the
Capital Improvement Program and especially in the department key plans);, the Council
Priorities, and other similar sources.
• Budget amendments that accept funding such as grants or gifts, provided Council has
previously approved the activity or program.
• Resolutions approving funding applications, such as grants or loans, provided that the
program or activity has been previously approved by Council.
• Clerical amendments to local laws.
• Conforming amendments to local laws that are required by State law, except items of
significant public interest.
B. Administrative Matters Including Contracts, Appointments, Approval of Applications, and
Any Other Matter
An administrative matter may be placed on the consent calendar if it is:
1 An action that is merely the administrative execution of previous Council direction. The
Council direction and vote will be quoted in the Staff Report accompanying the item.
2 Contracts for which the subject or scope of work has been previously reviewed by the City
Council.
3 A contract for goods, general services, professional services, public works projects, dark
fiber licensing contracts or wholesale commodities, purchases, as outlined in the
Purchasing Ordinance, provided such contracts represent the customary and usual
business of the department as included in the Adopted Budget. Examples include: routine
maintenance contracts, annual audit agreements; software and hardware support
agreements, janitorial services, and copier agreements or postage machine agreements.
4 Rejection of bids.
54 Designation of heritage trees.
65 Designation of historic building at the request of the property owner if there are no unusual
policy ramifications.
76 Approval of funding applications, such as grants or loans, provided that Council has
previously approved the general program or activity.
7 Formal initiation, for consideration at a later date, of a zoning code amendment or review
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process, such as preliminary review.Items identified in the Municipal Code for placement
on Consent. This includes, for example, certain appeals of determinations of the Director
Planning and Development Services.
8 Approval of minutes.
9 Status report required by law for fee administration.
9 Cancellation of meetings or scheduling of special meeting.
10 Referral of an item to a Standing Committee, Committee, Board, Commission, or Council
Appointed Officer.
11 Other similar matters as determined by the City Manager, in consultation with the Mayor.
2. Request to Refer Items to Any Council Standing Committee, Committee, Board, Commission
or Council Appointed Officer
The consent calendar includes matters for which staff is merely seeking Council approval of
a referral to a Council standing committee or other City official, advisory board or
commission. This does not preclude staff fromStaff are permitted to makeing referrals to
the standing committees. Staff uses such referrals in order to expedite the business of the
full Council, since its agenda is so full. Discussion of a complex issue by another body,
provides an opportunity for public input and extended discussion by the members of the
body. The full Council is then able to benefit from the minutes of that discussion when the
item comes back to the Council for final approval. This practice also allows the City/School
Liaison Committee to consider items of interest to both agencies without having to go
through the formality of a Council agenda referral.
C. Items Unanimously Recommended for Approval by a Council Committee or Council-
Appointed Board or Commission, Unless Otherwise Recommended by the
Committee/Commission, Mayor, City Attorney or City Manager
Items recommended unanimously for Aapproval by any Council committees and Council-
Aappointed Bboards and Ccommissions are generally placed on Consent, except Provided
that Other Public Hearing Requirements are Not in Effect or Aas otherwise recommended by
the Committee, Board or Commission, or the Mayor, City Manager or City Attorney, or as
required by law.
3.2. Public Comment on Consent Agenda
Members of the public wishing to speak to items on the Consent Calendar shall be permitted
to speak prior to Council Member requests to remove an item or the vote to adopt the
Consent Calendar.
4.3. No Discussion or Debate; Voting; Recusals; Council Speaking to a No Vote
While No There shall not be discussion or debate on any item on the Consent agenda. there is
no Council discussion or debate shall be permitted uponon items upon the Consent Agenda,;
however, a
A Council member who needs to recuse themself from a Consent item shall inform the Mayor
and make any public disclosure that is required. The Clerk shall record the recusal on the item.
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Any Council Mmember may request that his or her vote be recorded as a "no" on any item or
items on the Consent agenda. Any Consent item not receiving the number of “yes” votes
required for the item is not approved. or "not participating" due to a specified conflict of
interest on any individual item.
Council mMembers may also explain their "no" votes at the end of the Consent
AgendaCalendar, with a 3- minutes time limitpermitted for non-appeal items and 5 minutes for
appeal items for each Council mMember. Council mMembers may also submit statements in
writing to the City Clerk before action is taken. The City Clerk shall preserve and make available
such written statements in a manner consistent with the Brown Act and shall assure that the
minutes of the meeting make reference to the existence and location of such written
statements.
5.4. Council Requests to Remove Items from Consent Agenda
Three Council mMembers may request that an item be removed from the consent
calendaragenda following public comment on the CcConsent aAgenda. The City Manager’s
office should be advised whenever possible, in writing, of a request for removal no later than
noon the Sunday before the meeting.
Removed items will be heard either later in the meeting or agendized for a subsequent
meeting, depending upon the number of speakers, the anticipated length of the items that
have been officially scheduled for discussion on a particular evening, the availability of staff
required to support the discussion, and legally- required noticing procedures. The Mayor, in
consultation with the City Manager, will decide when any removed items will be heard.
Council members who intend to request to remove an item should inform the City Manager’s
office no later than noon the Sunday before the meeting. This is so that the Manager can
assess the operational impacts of rescheduling a removed item to a later agenda and, if
appropriate, can arrange for appropriate staff to attend Council to support consideration of
the item.
3.8. City Manager Comments
3.9. Action Items
3.10. Council Member Questions, Comments, and Announcements (including reports on Boards,
Commissions, and Committees)
The purpose of this agenda item is to allow Council to question staff briefly ask staff about on
matters upon which Council has taken action or given direction, make general comments as a
reference to staff on factual matters of community concern, or make brief announcements in a
manner consistent with Government Code section 54952.2. If more than brief statements are
desired, the item shall be agendized for a future meeting in the manner otherwise provided by
these Procedures, such as by the City Manager or through a Colleagues Memo. Major Ppolicy
issues and Nnew assignments will not be given nor will major policy issues be discussed or
considered in this item. To the extent possible, Council will confer with staff before raising matters
under this agenda item. This agenda item will generally be limited toCouncil Member Questions,
Comments, and Announcements will generally last Uup to 15 minutes in length and the public may
not comment.speak to matters discussed;
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3.11. Adjournment
* * *
SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS
4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V)
A. Motions, Debate & Voting
Policy and Summary of Rules
It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and
voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the types of motions
the Council can debatemake and when those motions are properly used. See the Summary Table below.
Purpose
The purpose of these rules to facilitate orderly and thorough discussion and debate of Council
business in order to create open respectful discussion and fair results that serve the public
interest. These rules shall not be applied or used to create strategic advantage or unjust results.
Summary of Rules
Palo Alto uses an alternative procedure to does not follow Robert’ss Rules of Order. See the
Summary Table below.
B. Motions
A motion is a formal proposal by a Council Mmember asking that the Council take a specified action. A
motion must receive a second before the Council can consider a matter. Matters returning to the Council
with unanimous approval from a standing committee will be introduced without a motion if directed by
the committee. Motions may be provided to the City Clerk in advance of the City Council meeting so that the
Clerk can efficiently post the motion on the screen for the convenience of the community and Council
members.
There are two types of motions; these are the “main” motion and any secondary motions. Only one
main motion can be considered at a time. The main motion is the first motion to be made and receive a
second. A secondary motion is described below which can be considered while a main motion is pending.
4.2 Motion Procedures
A. Main Motion Procedures:
1) Get the Floor
A Council mMember must receive the permission of the Mayor (or other presiding officer) before
making a motion.
2) State the Motion
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A motion is made by a Council mMember (the “maker”) stating his or her proposal. Longer
proposals can be written and may be in the form of a resolution.
3) Second Required
Any other Council mMember (including the presiding officer) who supports the proposal (or who
simply wishes it to be considered) may “second” the motion without first being recognized. A
motion to raise a question of personal privilege does not require a second.
4) Motion TranscribedRestated
The Mayor should restate the motion for the record, particularly if it is long or complex. The Clerk
shall transcribe the motion so that Council members, the public and staff can read it.
5) Lack of a Second
If there is no second stated immediately, the Mayor should ask whether there is a second. If no
Council Member seconds the motion the matter will not be considered.
6) Discussion
The maker shall be the first Council Mmember recognized to speak on the motion if it receives a
second. The seconder shall be the second Council member to speak on the motion. Generally
Council mMembers will speak only once with respect to a motion. If the Mayor or Council permits
any Council Mmember to speak more than once on a motion, all Council mMembers shall receive
the same privilege.
7) Secondary Motions
Secondary motions may be made by a Council Mmember upon getting the floor.
8) Action
After discussion is complete the Council will vote on the motion under consideration.
B. Secondary Motion Procedures
Only oneWhen a main motion may be entertained by Council at a time. is before the Council, no new
main motion shall be entertained. The Council recognizes the following secondary motions which may
be considered while a main motion is pending. These motions shall have precedence in the order
listed below. This means that a secondary motion that is higher on the list will be considered ahead of
a pending secondary motion that is lower on the list:
The purpose of the allowed secondary motions is summarized in the following text and table.
1) Fix the time to which to adjourn
This motion sets a time for continuation of the meeting. It requires a second, is amendable and is
debatable only as to the time to which the meeting is adjourned.
2) Adjourn
This motion ends the meeting or adjourns it to another time. It requires a second and is not
debatable except to set the time to which the meeting is adjourned, if applicable. A motion to
adjourn shall be in order at any time, except as follows: (a) when repeated without intervening
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business or discussion; (b) when made as an interruption of a member while speaking; (c) when the
previous question has been ordered; and (d) while a vote is being taken.
3) Take a recess
This motion interrupts the meeting temporarily. It is amendable but is not debatable.
4) Raise a question of personal privilege
This motion allows a Council Member to address the Council on a question of personal privilege
and shall be limited to cases in which the Council Member's integrity, character or motives are
questioned or when the welfare of the Council is concerned. The maker of the motion may
interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not
require a second, is not amendable and is not debatable.
5) Lay on the table
This motion is used to interrupt business for more urgent business. A motion to lay on the table
requires a second, is not amendable and is not debatable. It shall preclude all amendments or
debate of the subject under consideration. If the motion prevails, and the subject is tabled, the
matter must be reagendized in the future if further consideration is to be given to the matter.
6) Previous question
This motion “calls the question” by closing debate on the pending motion. A motion for previous
question requires a second, is not debatable and is not amendable. It applies to all previous motions
on the subject unless otherwise specified by the maker of the motion. If motion for previous
question fails, debate is reopened; if motion for previous question passes, then vote on the pending
motion. A motion for previous question requires a two-thirds vote of those Council mMembers
present and voting.
7) Limit or extend debate
This motion limits or extends the time for the Council or any Council Member to debate a motion. It
requires a second, is amendable and is not debatable. The motion requires a two-thirds vote of
those Council mMembers present and voting.
8) Continue to a certain time
This motion continues a matter to another, specified time. It requires a second, is amendable and is
debatable as to propriety of postponement and time set.
9) Refer to a city agency, body, committee, board, commission or officer
This motion sends a subject to another city agency, body, committee, board, commission or officer
for further study and report back to Council, at which time subject is fully debated. It requires a
second, is amendable, and is debatable only as to the propriety of referring. The substance of the
subject being referred shall not be discussed at the time the motion to refer is made.
10) Amend or substitute
This motion changes or reverses the main motion. It requires a second, is amendable, and is
debatable only when the motion to which it applies is debatable. A motion to amend an
amendment is in order, but one to amend an amendment to an amendment is not. An amendment
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modifying a motion is in order but an amendment raising an independent question or one that is
not germane to the main motion shall not be in order. Amendments take precedence over the
main motion and the motion to postpone indefinitely.
C. Motion Process Reference Chart
Motion Description 2nd
Required Debatable Amendable 2/3 Vote
Fix the time to
which to adjourn Sets a next date and time for
continuation of the meeting
XYES
Only as to time to which
the meeting is adjourned XYES
NO
Adjourn
Sets time to adjourn. Not in order if (a)
repeated without intervening business
(b) made as an interruption of a
member while speaking; (c) the
previous question has been ordered;
XYES
Only to set the time to
which the meeting is
adjourned
NO
NO
Take a recess Purpose is to interrupt the meeting XYES XYES
Raise a question of
privilege
question of personal privilege limited to
Council welfare or cases where a
member’s personal integrity, character,
NO NO NO NO
Lay on the table Interrupts business for more urgent XYES NO NO NO
Previous question
(close debate or
“call the question”)
Closes debate on pending motion XYES
NO NO XYES
Limit or extend
limits of debate Purpose is to limit or extend debate XYES
NO XYES
XYES
Motion to continue
to a certain time Continues the matter to another, XYES
XYES
XYES
NO
Refer to committee
Sends subject to another city agency,
body, committee, board, commission or
officer for further study and report back
to council, at which time subject is fully
XYES
Only as to propriety of
referring, not substance
of referral
XYES
NO
Amend or substitute
Modifies (or reverses course of)
proposed action. Cannot raise
independent question. Can amend an
XYES
Only if underlying motion is
debatable XYES
NO
Reconsider meeting or adjourned meeting thereof
which the action was taken YES YES NO NO
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4.3. Voting and Debate of Agenda Items
1. Presiding officer to state review motion
The presiding officer shall assure that all motions are clearly stated before allowing debate to
begin. The presiding officer and the maker of the motion may restate the motion or may direct
should work with the City Clerk to restateclarify the motion before allowing debate to begin. The
presiding officer shall restatemay review the motion or direct the City Clerk to restate the motion
prior to voting.
2. Presiding officer may debate and vote
The presiding officer may move, second and debate from the chair, subject only to such limitations of
debate as are by these rules imposed on all Council mMembers. The presiding officer shall not be
deprived of any of the rights and privileges of a Council Mmember.
3. Division of question
If the question contains two or more divisible propositions, each of which is capable of standing as a
complete proposition if the others are removed, the presiding officer may, and upon request of a
Council member shall, divide the same. The presiding officer's determination shall be appealable
by any Council Mmember.
4. Withdrawal of motion
A motion may onlynot be withdrawn by the maker without the consent of the Council Member
seconding it.
5. Change of vote
Council mMembers may change their votes before the next item on the agenda is called.
6. Voting
On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device
and entered in full upon the record, except where state law requires a roll call vote.
7. Silence constitutes affirmative vote
Council mMembers who are silent during a voice vote shall have their vote recorded as an
affirmative vote, except when individual Council mMembers have stated in advance that they will
not be voting.
8.7. Failure to vote
It is the responsibility of every Council mMember to vote unless the member is recusedunless
disqualified for cause accepted by the Council or by opinion of the City Attorney. No Council
mMember can be compelled to vote.
9.8. Abstaining from vote [UPDATED to factor in key info from Item G above]
Council mMembers should only abstain if they are not sufficiently informed about an item,
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e.g. when there was a prior hearingmeeting on the topic and they were unable to view the prior
meeting before the current meeting. In the event of an abstention, or silence during a vote, the
abstainer in effect, "consents" that a majority of the quorum of the Council mMembers present may
act for him or her.
10.9. Not participating [UPDATED to comply with current law]
A Council member who is recused from an item due to a conflict of interest, common law bias, or other
legal prohibition shall make disclosures required by law, leave the dais if required, and not
participate in any way in the discussion or determination of the item. A Council member may
otherwise disqualify themself to avoid an appearance of impropriety.
11.10. Tie votes
Tie votes may be reconsidered during the time permitted by these rules on motion by any member
of the Council voting ayeyes or nayno during the original vote. Before a motion is made on the next
item on the agenda, any member of the Council may make a motion to continue the matter to
another date. To the extent allowed by law, it is the Council’s intention that Aany continuance
hereunder shall suspend the running of any time in which action of the City Council is required by
law. Nothing herein shall be construed to prevent any Council member from recommending the
agendizing of a matter that resulted in a tie vote for a subsequent meeting.
12.11. Motion to reconsider
A motion to reconsider any action taken by the Council may be made only during the meeting or
adjourned meeting thereof when the action was taken. A motion to reconsider requires a second,
is debatable and is not amendable. The motion must be made by one of the prevailing
side of an issue but may be seconded by any Council member. A motion to reconsider may be
made at any time and shall have precedence over all other motions, or while a Council member has
the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring
back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered.
Reconsideration may not be moved more thanonly once on the same motion. However, Nothing
herein shall be construed to prevent anya Council Mmember mayfrom makeing a motion to
rescind such action at a subsequent meeting of the Council, provided an appropriate item is on
the published agenda.
13.12. Appeal from the decision of presiding officer
When the rules are silent, the presiding officer shall decide all questions of order, subject to
appeal by a Council Mmember. When in doubt, the presiding officer may submit the question to
the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding
officer may be appealed by request of any member. The presiding officer shall call for a roll call or
electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said
vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the
decision or ruling of the presiding officer is reversed.
14.13. Getting the floor; improper references to be avoided
Every Council Mmember desiring to speak shall address the chair presiding officer and, upon
recognition by the presiding officer, every Council Mmember shall be confined to the question under
debate, avoiding all indecorous language and personal attacks.
ITEM 4
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15.14. Interruptions
Except for being called to order, a Council Mmember once recognized, shall not be interrupted
when speaking, except as otherwise provided for in these rules. A Council Mmember called to order
while speaking shall cease speaking until the question or order is determined, and, if in order, said
Council Mmember shall be permitted to proceed.
15. Council Member Speaking Time
The presiding officer shall give each Council member up to 5 minutes to speak in each round of
discussion during discussions on Council items where discussion takes place. The Council shall
follow the speaking times set by the presiding officer and the presiding officer or Vice Mayor shall
enforce the speaking time set.
4.4 Quasi-Judicial Matters
A. Quasi-Judicial/Planned Community Matters
It is the policy of the Council to assure that the due process rights of all persons are protected during
City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due
process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings
involve consideration of an application a single parcel of land to develop real property. The City,
including Council and associated Boards and Commissions, and apply reaches a determination by
applying standards and requirements in existing law to the facts and evidence submitted in the
hearing in the context of existing law. Findings must be stated to explain the evidentiary basis for
the Council’s final decision.
Purpose
These rules are intended to assure that City Council decision making on quasi-judicial matters is
based upon facts and evidence known to all parties and to support the role of Boards and
Commissions in making independent recommendations to Council.
General Requirements
For purposes of this Section IV, a Quasi-Judicial Project subject to these rules is a formulated
plan to go forward with a particular project or development.
i. Quasi-Judicial Proceedings Defined
Quasi-judicial proceedings subject to these procedural rules include hearings involving the
following matters:
a. Conditional Use Permits
b. Variances
c. Home Improvement Exceptions
d. Design Enhancement Exceptions
e. Subdivisions, other than final map approvals
f. Architectural Review
g. Assessment Protest Hearings
h.g. Other Matters as Determined by the City Attorney
i. Appeals related to any of the above
ITEM 4
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j. Environmental Review relating to any of the above
ii. Restrictions on Council Communications Outside of Quasi-Judicial Hearings
It is the policy of the Council to discourage the gathering and submission of information by
Council mMembers outside of any noticed public meeting, prior to final recommendations
by the Architectural Review Board or Planning & Transportation Commission. The
following procedural guidelines are intended to implement this policy but shall not be
construed to create any remedy or right of action.
iii. Identification of Quasi-Judicial Matters
The City Attorney, in conjunction with the City Clerk and City Manager, will identify
agenda items involving quasi-judicial decisionsmatters on both the tentative and regular
Council agendas. This identification is intended to inform the Council, interested parties,
and the public that this policy will apply to the itemmatter.
iv. Council to Track Contacts
Council mMembers will use their best efforts toshould track contacts with any person or entity
pertaining to such identified quasi-judicial/planned community decision items matters.
Contacts include conversations, meetings, site visits, mailings, or presentations during
which substantial factual information about the item is gathered by or submitted to the
Council Member.
v. Disclosure
When the itemmatter is presentedagendized to theat Council for hearing, Council
mMembers will disclose any contacts which have significantly influenced their preliminary
views or opinions about the item. The disclosure may be oral or written and should explain
the substance of the contact so that the project applicant, other Council mMembers,
interested parties, and the public will have an opportunity to become apprisedlearn of the
factors influencing the Council's decision and to attempt to controvert or rebut any such
factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request
to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for
disqualification of a Council Member from participation in a quasi-judicial/planned
community decision matter unless the Council Member, in consultation with the City
Attorney, determines that the nature of the contact is such that it is not possible for the
Council Member to reach an impartial decision on the item.
vi. No Contacts after Hearings
Following closure of thea quasi-judicial hearing, and prior to a final decision, Council
Members will refrain from any contacts pertaining to the item, other than clarifying questions
directed to City staff.
vii. Written Findings Required
On any matter for which state law or City ordinance requires the preparation of written
findings, the staff report and other materials submitted on the matter will contain findings
proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed
ITEM 4
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findings must include a statement of alternative or modified findings or a direction that the
matter under consideration be continued for a reasonable period of time in order for staff
to prepare a new set of proposed findings consistent with the evidence which has been
presented and the decision which is anticipated.
viii. Rules of Evidence
Council hearings need not be conducted according to formal rules of evidence. Any
relevant evidence may be considered if it is the sort of evidence upon which responsible
persons rely in the conduct of serious affairs. The presiding officer may exclude
irrelevant or redundant testimony and may make such other rulings as may be necessary
for the orderly conduct of the proceedings while ensuring basic fairness and full consideration
of the issues involved. Evidentiary objections shall be deemed waived unless made in a
timely fashion before the Council.
ix. Burden of Proof
The applicant and appellant shall bear the burden of proof on all aspects of the action or
relief they seek. The person with the burden of proof must offer evidence to the Council
to support his or her position.
x.ix. Council Members Who are Absent During Part of a Hearing
A Council Mmember who is absent from any portion of a hearing conducted by the
Council may vote on the matter provided that he or she has watched or listened to athe
video or radio broadcast, or video or audio recording, of the entire portion of the hearing
from which he or she was absent and if she or he has examined all of the exhibits
presented during the portion of the hearing from which he or she was absent. andCouncil
members who were absent should states for the record that they have reviewed the proceedings
and materials. before voting that the Council Mmember deems himself or herself to be as
familiar with the record and with the evidence presented at the hearing as he or she
would have been had he or she personally attended the entire hearing.
xi. Appeals
Appeals to the Council shall be conducted de novo, meaning that new evidence and
arguments may be presented and considered. All matters in the record before any other
City board, commission or official shall be part of the record before the Council.
B. Presenting at Quasi-Judicial / Planned Community Hearings
In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10ten minutes
for their opening presentation and 3three minutes for rebuttal before the hearing is closed. In the
case of a quasi-judicial hearing for which there are two or more appellants, the time allowed for
presentation and rebuttal shall be divided among all appellants, and the total time allowed for all
appellants shall be a total of twenty minutes for the opening presentation and six minutes for
rebuttal before the hearing is closed; however, under no circumstances shall aneach individual
appellant shall be given a minimum ofless than 5five minutes for presentation and three3 minutes
for rebuttal. In the event a request is made and the need for additional time is clearly established, the
Presiding Officer shall independently, or may upon advice of the City Attorney, grant sufficient
additional time to allow an adequate presentation by the applicant or appellant.
ITEM 4
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C. Submittal of Materials Directly to Council
If Council receives planning application materials related to agenda item matters they willshould
notify the City Clerk and the City Manager as soon as possible so that the materials can be placed
in the official record and distributed to all Council members, parties to the proceeding, staff and
the public.
* * *
SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL
5.1. Public Participation During City Council Meetings [UPDATED to reduce duplicate info]
PolicyOverview
The Council welcomes members of the public to participate in meetings through public comment
opportunities. It is the policy of the City Council to assure that members of the public have the
opportunity to speak to any regular or special meeting agenda item before final action. These rules
establish the rights and obligations of persons who wish to speak during City Council meetings. These
rules are intended to enhance public participation and Council debate so that the best possible
decisions can be made for Palo Alto. Palo Alto has a long and proud tradition of open government and
civil, intelligent public discourse. Open government meetings must allow everyone to be heard without
fear of cheers or jeers. For these reasons, the Council takes these rules seriously. Disruptive or unruly
behavior in violation of the law can result in removal from the Council meeting and/or arrest and
prosecution.
A. Access to Meetings
In-Person and Remote Participation. Council meetings are available in person in the Council
Chambers and through an online meeting platform. Members of the public are welcome to attend
the meeting in person or to join the online meeting platform.
Translators: Speakers may bring a translator as needed and will be allotted additional time, as
appropriate.
ADA Access. Palo Alto makes every reasonable effort to accommodate the needs of the disabled
consistent with law. Any provision of these rules may be modified if needed to provide reasonable
accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650-
329-2571 (voice) or email at City.Clerk@cityofpaloalto.orgCity.Clerk@cityofpaloalto.org.
A.B. Summary of Rules for Public Participation
Every regular Council agenda has two different kinds of opportunities for the public to speak. The
first is during Oral CommunicationsGeneral Public Comment. The second is during the public
comment or public hearing portion of each agenda item.
General Public Comment. This part of the meeting is provided so that the public can speak to
anythingany subject that is in the Council’s jurisdiction, when there is no item listed on the agenda
on that topic. The Council limits the total time to up to 30 minutes per meeting for General Public
Comment. State law does not permit the Council to act on or discuss an item raised at that
meeting in oral communicationsGeneral Public Comment, and Council members shall not enter
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into debate with speakers, but Council members may ask brief clarifying questions and may ask
City staff to follow up on any concerns that are raised.
Public comment or public hearing portion of each agenda Item. The Brown Act requires the
opportunity for public comment on all listed agenda items, except ceremonial items, procedural
items (Agenda Changes and Deletions) and brief announcements (City Manager Comments and
Council Member Questions, Comments and Announcements). Public comments or testimony must
be related to the matter under consideration.
B.C. Time Limits (updated after Dec. 13 P&S discussion)
Individual Speakers. The presiding officer will announce the time that each speaker may use. The
Council generally allows 3 minutes per speaker but a shorter time may be designated when there
are many speakers or items on the agenda (Ffor example, if there are fewer than 10 speakers, the
speakers would usually get 3 minutes to speak. If there are more than 10 speakers, then the
presiding officer may choose to reduce the time for each speaker).
Spokesperson for a Group. When a group of people wishes to address the Council on the same
subject matter, they may designate a spokesperson to address the Council. Spokespersons are
subject to the same time limits as other speakers, except that spokespersons who are representing
a group of five or more people who have requested to speak and are verified as present in the
Council cChambers or online will be allowed 10 minutes and will, to the extent practical, be called
upon ahead of individual speakers. If the presiding officer reduces the speaking time for individual
speakers, the total speaking time for a spokesperson will also be reduced as determined by the
presiding officer.
C.D. Gaining Permission to Speak
Any person who wants to speak tmake a spoken public comment on an item on the Council
agenda can do so if they are attending either in person or virtually. If attending in person,
members of the public o the Council should fill out a speaker card and hand it in to the City Clerk
prior to the end of the staff presentation. Speakers are not required to provide a name or
address.Members of the public participating virtually should use the “raise hand” function in the
zoom online meeting platform, or if participating via phone, hit *9 to notify the Clerk that you
they wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor
so that the speakers can be identified and organized in an orderly way.
D.E. Public Decorum During Meeting
The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is authorized and
required to “preserve strict order and decorum.” (PAMC section 2.04.080(b).) This is important in
order to assure a fair opportunity for everyone to participate in an open and civil setting.
a) Any person desiring to address the Council must first get the permission of the Presiding
Officer by completing a speaker card and handing the card to the City Clerk.
b) The Presiding Officer shall recognize any person who has given a completed card to the
City Clerk, subject to limitations on the time for public participation described in these
Procedures.
ITEM 4
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a) No person, other than a Council Mmember and the person having the floor, shall be
permitted to enter into any discussionspeak without the permission of the Ppresiding
Oofficer.
b) All remarks should be addressed to the Council as a body and not to any individual
member or staff person.
c) No person, besides staff or the Council, shall enter the staff area of the Council dais without
the permission of the Ppresiding Oofficer or appropriate Council Appointed Officer.
d) Decorum The Palo Alto Municipal Code makes it unlawful for any person to: (1) Disrupt
the conduct of a meeting; (2) Make threats against any person or against public order
and security while in the Council Chambers; (3) Use the Council Chambers during
meetings for any purpose other than participation in or observation of City Council
Meetings.
Any Council Member may appeal the presiding officer’s decision on a decorum violation
to the full Council. Decorum violations are a misdemeanor and may lead to a person
being removed from the Council meeting. (PAMC sections 2.04.120, 2.04.150.)
E.F. RecordingRecord of Speakers
• Persons wishing to address the Council shall Useuse the microphone provided for the
public and speak in a recordable tone, either personally or with assistance, if necessary.
• Speakers are requested to state their name but cannot be compelled to do so as a
condition of addressing the Council.
F.G. End of Public Comment After a Council Motion
Following the time for public input and once the matter is returned to the Council no person
shall address the Council without first securing the permission of the presiding officer to do
so, subject to approval of the City Attorney with respect to any hearing required by law.
* * *
SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS
In order to facilitate open government, all Council Members should make decisions with the same
information from Staff on agendized or soon-to-be agendized items (i.e., items on the tentative agenda or
in a Council Committee). The Council adopted protocols provide a framework for the policy on e-mail
communications between Council members and staff on agenda-related items, including the following:
ITEM 4
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6.1. Submit Questions on Council Agenda Items Ahead of the Meeting
In order to focus the Council meetings on consideration of policy issues and to maintain an open
forum for public discussion, questions which focus on the policy aspects of agenda items should be
discussed at the Council meeting rather than in one-on-one communications with staff prior to the
meetings. Any clarifications or technical questions that can be readily answered can be handled
before the meeting. Council members are encouraged to submit their questions on agenda items
to the appropriate Council Appointed Officer or City Manager by 5:00 p.m. the Wednesday prior to
the meeting so staff can be prepared to respond before or at the Council meeting. More detailed
procedures relating to agenda questions can be found in the addendum to these protocols titled
“Policy and Procedures for Council E-mails for Agenda Related Items.”
6.2. City Council emails for Agenda-Related Items Policy (exist. Protocol 6.1; highlighted for Committee
review)
In its settlement agreement with the San Jose Mercury News of February 2003, the City Council
agreed to consider a policy under which the Council would waive any deliberative or other privilege,
other than attorney-client privilege, that it might assert with regards to e-mails on agendized items.
This policy and procedure implements that agreement. The Council, in adopting this policy, does not
waive attorney-client-privilege or any other privilege associated with a closed session authorized
under the Brown Act.
6.23. City Council emails for Agenda-Related Items Procedure (exist. Protocol 6.1)
• Council mMembers should direct any questions on staff reports and agenda items only to
the City Manager or designee. Questions on reports from the City Auditor, City Attorney,
or City Clerk should be directed to the appropriate Council Appointed Officer. Council
• Council mMembers should submit questions on agenda items no later than 5:00 p.m. on the
Wednesday prior to the Council meeting at which the item will be discussed. Staff will
make best reasonable efforts to post written responses to timely-submitted questions by
Thursday 5:00 p.m. Any questions received after 5:00 p.m. on the Wednesday before the
meeting may be responded to via e-mail, or alternatively, will be responded to at the
Council meeting.
• Staff will not engage in “dialogues” with individual Council members regarding questions;
however,, i.e. follow-up questions to initial questions will be responded to at the Council
meeting.
• Staff will give highest priority to responding prior to the Council meeting via e-mail only on
items on the Consent AgendaCalendar. Questions which address the policy aspects of the
item on the Council agenda will not be responded to prior to the meeting, although Staff
welcomes such questions in advance of the meeting in order to prepare for the Council
and public discussion. Technical and clarifying questions on non-Consent Calendar items
will be responded to as time permits.
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• If the Sstaff will be responding to a Council mMembers Consent AgendaCalendar question at
the meeting rather responding to the question via e-mail, Staff will inform the Council
mMember as early as possible after receipt of the question(s).
• Questions and all staff-prepared responses will be forwarded to all Council members as well
as post put up on the special web page created online for public review of Council agenda
questions and staff responses. Staff will include the name of the Council member posing the
questions in the “subject” field of the e-mail response.
• Written cCopies of all Council member agenda questions and staff responses will be emailed
to the at Council places atp the meeting; additionally copies will be made available in the
Council Chambers for members of the public. and posted publicly on the meeting agenda. If
staff responses are not released until the meeting date, they will be provided in printed
form at the dais.
* * *
SECTION 7 – ANNUAL COUNCIL PRIORITY SETTING GUIDELINES
New Language: Annual Council Priority Setting Guidelines
(New Language in strikethrough or brackets [ ])
The following language is from the City Council Priority Setting Guidelines” document adopted by the
City Council on October 1, 2012.
Priorities Background and Definition:
The City Council adopted its first Council priorities in 1986. Each year the City Council reviews it’s
priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the
definition of a Council priority, and the Council’s process and guidelines for selection of priorities.
A Council priority is defined as a topic that will receive particular, unusual and significant attention
during the year. [This varies from a Council value which is defined as an enduring goal and intention
to guide the work of the City Council. The values allow the City Council to maintain these enduring
intentions while also selecting annual priorities that reflect shorter-term projects and goals. The City
Council Values are listed below.]
Purpose
The establishment of Council priorities will assist the Council and staff to better allot and utilize time
for discussion and decision making.
Process
Three months iIn advance of the annual Council Retreat, staff will solicit input from the City Council
on the priorities to be reviewed and considered for the following year.
• Council members may submit up to three priorities.
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• Priorities should be submitted no later than December 1.
• As applicable, the City Manager will contact newly elected officials for their input by
December 1.
The City Clerk will provide timely notice to the public to submit proposed priorities
by December 1. The City Manager and the City Clerk will solicit for the public to share proposed
priorities prior to the Council retreat. The Policy and Services Committee shall recommend
to the Council which suggestions if any shall be considered at the City Council
retreat.
5) Staff will collect and organize the recommended priorities into a list for Council
consideration, and provide to Council no less than two weeks in advance of the
retreat [in the packet for the City Council retreat].
6) If needed, the] Policy and Services Committee, each year at its December meeting,
shall make recommendations about the process that will be used at the Annual
Retreat paying particular attention to the number of priorities suggested by Council
members. The recommended process is to be forwarded to Council for adoption in
advance of the Council retreat.
Guidelines for Selection of Priorities
1. There is a goal of no more than three priorities per year.
2. Priorities generally have a three-year time limit.
In November 2022, the Council adopted a set of values as described here:
The Palo Alto City Council has universally shared values that help guide our decisions and the work
we do. These values include:
1. We will make decisions that balance revenues and expenses, now and in the future.
2. We will make decisions that are environmentally sustainable, now and in the future.
3. We will integrate equity into our decisions, considering how decisions affect people
differently based on their identity or circumstances.
4. We will make decisions that create a healthy, safe and welcoming community for all.
5. We will safeguard public trust through transparent practices and open communication.
6. We embrace innovation.
* * *
SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT
8.1. Commit to Annual Review of Important Procedural Issues (exist. Protocol 3.1)
At the beginning of each legislative year, the Council will hold a special meeting to review the Council
protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and other important
procedural issues.
8.2. Don’t Politicize Procedural Issues (e.g., Minutes Approval or Agenda Order for Strategic Purposes
8.2. Enforcement (exist. Protocol Section 5)
ITEM 4
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Council mMembers have the primary responsibility to assure that these protocols are understood and
followed, so that the public can continue to have full confidence in the integrity of government. As an
expression of the standards of conduct expected by the City for Council mMembers, the protocols are
intended to be self-enforcing. They therefore become most effective when members are thoroughly
familiar with them and embrace their provisions. For this reason, Council mMembers entering office
shall sign a statement affirming they have read and understood the Council protocols. In addition, the
protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary.
[Language below updated after Dec. 13 P&S meeting]
Under circumstances where Council members believe that actions by another Council member are
inconsistent with this Handbook and require formal review and potentially action, a public discussion
and censure isare an available steps for review and enforcement.
Should two or more Council members believe that actions by a Council member are inconsistent with
this Handbook, a Colleagues Memo may be used as a method to schedule public discussion of the
matter at an upcoming City Council meeting. Based on the Council discussion, the matter may then be
closed or proceed to consideration of further steps including censure.
Censure is an official reprimand or condemnation made by Council in response to specified conduct by
one of its own members. Censure is disciplinary in nature, and requires the formal adoption of a
resolution setting forth the Council member’s alleged violations of law and/or policies. Censure may
require an investigation, and must protect the due process rights of the Council member. Censure
carries no fine or suspension of the rights of the Council member as an elected official but a censure is
a punitive action that serves as a punishment for wrongdoing.
Through a Colleagues Memo, Council members may request a formal censure action be placed on a
Council agenda. The City Clerk shall provide notice of the possible censure to the Council member who
is the subject of the action. The notice shall contain the specific charges on which the proposed
censure is based and the date and time that the matter will be heard. Upon hearing the testimony, the
Council may take action by resolution setting forth its findings and stating the terms of the censure.
ITEM 4
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PART II: CITY COUNCIL PROTOCOLS
The citizens, businesses and organizations of the city are entitled to have fair, ethical and
accountable local government, which has earned the public’s full confidence for integrity. To this
end, the City Council has adopted Council Protocols and this Code of Ethics for members of the
City Council to assure public confidence in the integrity of local government and its effective and
fair operation.
Section 1 – City Council Conduct (exist. Protocol Section 2)
1.1. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place environment
for City employees and for citizens and businesses dealing with the City. Members shall recognize
their special role in dealings with City employees to in no way create the perception of
inappropriate direction to staff.
1.2. Comply with Law
Members shall comply with the laws of the nation, the State of California and the City in the
performance of their public duties. These laws include but are not limited to: the United States
and California constitutions, the city Charter, laws pertaining to conflicts of interest, election
campaigns, financial disclosures, employer responsibilities and open processes of governments
and City ordinances and policies.
A. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order
established by the City Council governing the deliberation of public policy issues, meaningful
involvement of the public and implementation of policy decisions of the City Council by City staff.
1.3. City Council Core Responsibilities (exist. Protocol Sec. 1)
All members of the City Council, including those serving as Mayor and Vice Mayor, have equal
votes. No Council Member has more power than any other Council Member, and all should be
treated with equal respect.
All Council Members:
A. Demonstrate honesty and integrity in every action and statement
B. Comply with both the letter and spirit of the laws and policies affecting the operation
operations of government.
C. Serve as a model of leadership and civility to the community
D. Inspire public confidence in Palo Alto government
E. Work for the common good, not personal interest
F. Prepare in advance of Council meetings and be familiar with issues on the agenda
G. Fully participate in City Council meetings and other public forums while demonstrating
respect, kindness, consideration, and courtesy to others
H. Do not politicize procedural matters such as minutes approval or agenda order for strategic
purposes
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HI. Participate in scheduled activities to increase Council effectiveness
IJ. Review Council procedures, such as these Council Protocols, at least annually
JK. Represent the City at ceremonial functions at the request of the Mayor
KL. Be responsible for the highest standards of respect, civility and honesty in ensuring the
effective maintenance of intergovernmental relations
LM. Respect the proper roles of elected officials and City staff in ensuring open and effective
government
MN. Provide contact information to the City Clerk in case an emergency or urgent situation
arises while the Council Member is out of town
1.4. General Member Conduct
Councils are composed of individuals with a wide variety of backgrounds, personalities, values,
opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve
the quality of life in the community. In all cases, this common goal should be acknowledged even as
Council may "agree to disagree" on contentious issues.
A. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the
appearance of impropriety. Members shall refrain from abusive conduct, personal charges or
verbal attacks upon the character or motives of other members of the Council, boards and
commissions, the staff or the public. Rude and unprofessional behavior are also unacceptable.
B. In Public Meetings (exist. Protocol 2.1)
1) Use Formal Titles
The Council should refer to one another formally during Council meetings as Mayor, Vice
Mayor or Council Member followed by the individual’s last name.
2) Practice Civility and Decorum in Discussions and Debate.
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and
information are legitimate elements of a free democracy in action. Be respectful of diverse
opinions.
3) Honor the Role of the Presiding Officer in Maintaining Order and Equity.
Respect the Chair's efforts to focus discussion on current agenda items. Objections to the
Chair's actions should be voiced politely and with reason, following the parliamentary
procedures outlined in the City Council Procedural Rules.
4) Demonstrate Effective Problem-Solving Approaches.
Council mMembers have a public stage to show how individuals with disparate points of view
can find common ground and seek a compromise that benefits the community as a whole.
Council mMembers are role models for residents, business people and other stakeholders
involved in public debate.
5) Be Respectful of Other People's Time.
Stay focused and act efficiently during public meetings.
ITEM 4
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C. In Private Encounters
Treat Others as You Would Like to be Treated.
Ask yourself how you would like to be treated in similar circumstances, and then treat the
other person that way.
1.5. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather
than on unrelated considerations.
1.6. Advocacy
A. Representation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not appear
on behalf of the private interests of third parties before the Council or any other board,
commission or proceeding of the City, nor shall members of boards and commissions appear
before their own bodies or before the Council on behalf of the private interests of third parties on
matters related to the areas of service of their bodies.
B. Advocacy
Members shall represent the official policies or positions of the City Council, board or commission
to the best of their ability when designated as delegates for this purpose. When presenting their
individual opinions and positions, members shall explicitly state they do not represent their body
or the City, nor will they allow the inference that they do.
C. Council Voting Delegate Authority at Conferences / Annual Meetings
The Council may authorize a Council member to act as the voting delegate at conferences or
meetings of other bodies, including, but not limited to, the League of California Cities annual
conference, National League of Cities conference, and the Association of Bay Area Governments
(ABAG) annual meeting. Prior to the conference / meeting, the Council may provide the voting
delegate with specific direction on proposed resolutions and other matters. When provided
specific direction, the voting delegate’s authority is limited to matters on which the Council has
directed the delegate to vote.
1.7. Council Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City
sStaff, which analyze problems and issues, make recommendations, and implement and administer
the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual
respect for the contributions made by each individual for the good of the community.
A. Treat All Staff as Professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is
expected. As with your Council colleagues, practice civility and decorum in all interactions with City
sstaff.
B. Channel Communications through the Appropriate Senior City Staff
ITEM 4
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Questions of City staff should be directed only to the City Manager, Assistant City Manager, City
Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or Department
Heads. The Office of the City Manager should be copied on any request to Department Heads. Council
mMembers should not set up meetings with department staff directly, but work through Department
Heads, who will attend any meetings with Council mMembers. When in doubt about what staff
contact is appropriate, Council mMembers should ask the City Manager for direction. However,
nothing in these protocols is intended to hinder the access Council-appointed liaisons (e.g. to the San
Francisquito JPA or NCPA) may require in order to fulfill their unique responsibilities.
D. In order to Facilitate Open Government, All Council Members Should Make Decisions with the
Same information from Staff on Agendized or Soon- to be- Agendized Items (Items on the Tentative
Agenda or in a Council Committee)
E. Never Publicly Criticize an Individual Employee, Including Council Appointed Officers. Criticism is
dDifferentiated from qQuestioning Facts or the oOpinion of sStaff.
All critical comments about staff performance should only be made to the City Manager through
private correspondence or conversation. Comments about staff in the office of the City Attorney,
City Auditor or City Clerk should be made directly to these CAOs through private correspondence
or conversation.
F. Be Cautious in Representing City Positions on Issues
Before sending correspondence related to a legislative position, check with City staff to see if a
position has already been determined. When corresponding with representatives of other
governments or constituents remember to indicate if appropriate that the views you state are
your own and may not represent those of the full Council.
[updated after Dec. 13 P&S meeting]
As a Council member, it is important to remember to indicate when the views you state are your
own versus views which represent those of the full Council. This is relevant whether sending
correspondence related to a legislative position or corresponding with constituents or
representatives of other governmental agencies or organizations.
In the case where the Council has appointed a Council member to serve on a regional governing
body to represent the interests of the entire region, the Council member serving on that regional
body should clearly state if they are representing the City or the regional board or commission in
their positions.
G. Do Not Attend Staff Meetings Unless Requested by Staff
Even if the Council Mmember does not say anything, the Council Mmember’s presence may
imply support, show partiality, intimidate staff, or hampers staff’s ability to do its job
objectively.
H. Depend upon the Staff to Respond to Citizen Concerns and Complaints
It is the role of Council mMembers to pass on concerns and complaints on behalf of their
constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular
way. Refer citizen complaints to the appropriate senior staff member, according to the protocol
ITEM 4
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on channeling communications. The senior staff member should respond according to the Policy
and Procedure for Responding to Customer Complaints. Senior staff is responsible for making
sure the Council Member knows how the complaint was resolved.
I. Do not Solicit Political Support from Staff
The City Charter states that “Neither the city manager or any other person in the employ of the
city shall take part in securing or shall contribute any money toward the nomination or election
of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and
the Assistant City Manager) have professional codes of ethics, which preclude politically partisan
activities or activities that give the appearance of political partisanship. Council members should
Aavoid any staff interactions that may be construed as trying to shape staff recommendations to
be presented to the Council as a whole. Council Members shall refrain from coercing staff in
making recommendations to the Council as a whole.
J. Use of Public Resources
Members shall not use public resources, such as City staff time, equipment, supplies or facilities,
for private gain or personal purposes.
J. Use of City Letterhead
Official Mayor/City Council letterhead should only be used for correspondence signed by the
Mayor or City Council members when specifically directed by the Council or consistent with prior
City Council direction. This applies to the use of any stationery that could be interpreted as
official letterhead.
1.8. Use of Staff Time
A. Do Not Get Involved in Administrative Functions (exist. Protocol 2.3 E)
The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto Municipal
Code:
“Neither the council nor any of its committees or members shall direct, request or attempt to
influence, either directly or indirectly, the appointment of any person to office or employment by
the city manager or in any manner interfere with the city manager or prevent the city manager
from exercising individual judgment in the appointment of officers and employees in the
administrative service. Except for the purpose of inquiry, the council and its members shall deal
with the administrative service solely through the city manager, and neither the council nor any
member thereof shall give orders to any of the subordinates of the city manager, either publicly or
privately.”
B. Respect the “One Hour” Rule for Staff Work
Requests for staff support should be made to the appropriate senior staff member, according to
the protocol for channeling communications. Any request, which would require more than one
hour of staff time to research a problem or prepare a response, will need to be approved by the
full council to ensure that staff resources are allocated in accordance with overall council priorities.
Once notified that a request for information or staff support would require more than one hour,
ITEM 4
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the Council Member may request that the City Manager place the request on an upcoming Council
agenda. The 1-hour rule applies to all Council members equally.
* * *
SECTION 2 - City Council Conduct with Palo Alto Boards and Commissions
The City has established several Boards and Commissions as a means of gathering more community input.
Citizens who serve on Boards and Commissions become more involved in government and serve as
advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated
with appreciation and respect. Council mMembers serve as liaisons to Boards and Commissions,
according to appointments made by the Mayor, and in this role are expected to represent the full Council
in providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking
for the full Council on matters for which the full council has not yet taken a policy position. In other
instances, Council mMembers may attend Board or Commission meetings as individuals, and should
follow these protocols:
2.1. If Attending a Board or Commission Meeting, Identify Your Comments as Personal
Views or Opinions.
Council mMembers may attend any Board or Commission meeting, which are always open
to any member of the public. Any public comments by a Council Member at a Board or
Commission meeting, when that Council Member is not the liaison to the Board or
Commission should make a point to clearly state it is an individual opinion and not a
representation of the feelings of the entire City Council.
2.2. Refrain from Lobbying Board and Commission Members.
It is inappropriate for a Council Mmember to contact a Board or Commission member to
lobby on behalf of an individual, business, or developer, or to advocate a particular policy
perspective. It is acceptable for Council mMembers to contact Board or Commission
members in order to clarify a position taken by the Board or Commission.
2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, not
as Individual Council Members.
The City Council appoints individuals to serve on Boards and Commissions, and it is the
responsibility of Boards and Commissions to follow policy established by the Council. Council
mMembers should not feel they have the power or right to unduly influence Board and
Commission members. A Board and Commission appointment should not be used as a
political reward.
2.4. Concerns about an Individual Board or Commission Member Should be Pursued with
Tact.
If a Council Mmember has concerns with a particular Board or Commission member
fulfilling his or her roles and responsibilities and is comfortable in talking with that
individual privately, the Council Mmember should do so. Alternatively, or if the problem is
ITEM 4
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notresolved, the Council Member should consult with the Mayor, who may address the issue
to the Council as appropriate.
2.5. Be Respectful of Diverse Opinions.
A primary role of Boards and Commissions is to represent many points of view in the
community and to provide the Council with advice based on a full spectrum of concerns and
perspectives. Council mMembers may have a closer working relationship with some individuals
serving on Boards and Commissions but must be fair to and respectful of all citizens serving on
Boards and Commissions.
2.6. Keep Political Support Away from Public Forums.
Board and Commission members may offer political support to a Council Mmember, but not in a
public forum while conducting official duties. Conversely, Council mMembers may support Board
and Commission members who are running for office, but not in an official forum in their capacity
as a Council Mmember.
2.7. Maintain an Active Liaison Relationship.
Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled
meetings of their assigned Board or Commission.
2.8 Role of Council Liaison to Board or Commission [updated after Dec. 13 P&S Discussion]
The role of Council liaison to a Board or Commission is to share prior Council discussions and
actions on issues as applicable, and assist the Board or Commission in understanding likely
Council perspectives on issues as well as how the Board or Commission might support Council
decision-making.
* * *
SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL (exist. Protocol 2.5 A-D)
3.1. Respond to Council Questions as Fully and as Expeditiously as is Practical
The protocol for staff time devoted to research and response is in application here. If a Council Member
forwards a complaint or service request to a department head or a Council Appointed Officer, there will be
follow-through with the Council Member as to the outcome.
3.2. Respect the Role of Council Members as Policy Makers for the City
Staff is expected to provide its best professional recommendations on issues. Staff should not try
to determine Council support for particular positions or recommendations in order to craft
recommendations. The Council must be able to depend upon the staff to make independent
recommendations. Staff should provide information about alternatives to staff recommendations
as appropriate, as well as pros and cons for staff recommendations and alternatives
3.3. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in
Public Meetings
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3.4. It is Important for the Staff to Demonstrate Respect for the Council at all Times. All Council
mMembers Should be Treated Equally
* * *
THIS SECTION UNDER REVIEW To be
reviewed in 2023
SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND
MISCELLANEOUS EXPENSE REIMBURSEMENT
This policy is set by the City Council and applies to Council Mmembers and to Board and Commissions
members, who will be referred to as “Officials” in the policy. In reimbursing travel and miscellaneous
expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in
accord with the Charter and Municipal Code, such expenditures must be from authorized appropriations.
4.1. Eligible Activities
The following activities (“Eligible Activities”) are recognized by the Council as advancing
municipal purposes and are eligible for expense reimbursement, subject to limitations on
activities and specific and total expenditures described elsewhere in this policy:
A. Communicating with representatives of regional, state and national government on adopted city
policy positions;
B. Attending educational seminars designed to improve officials’ skill and information levels;
C. Participating in regional, state and national organizations whose activities affect the City’s
interest;
D. In collaboration with City staff, implementing a city-approved strategy for attracting or retaining
businesses to the City.
All other expenditures require prior approval by the City Council at a regular or special meeting.
4.2. Out-of-Town Conferences or Meetings
A. Reimbursement
All payments for travel and meetings shall be on the basis of either reimbursement of expenses
advanced by the Council Member/Official or payments made directly to travel agencies/websites,
hotels, airlines or the organization sponsoring the meeting. All requests for payments or
reimbursements must be accompanied by invoices or paid detailed receipts and a copy of
descriptive literature about the conference or meeting. The City Clerk, Mayor or Chair for Officials
must approve, in advance, individual travel requests for out-of-town meetings and conferences,
e.g., Annual League of California Cities Conference, National League of Cities Conference, etc.,
including Eligible Activates.
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Allowable expenses for local or Bay Area Eligible Activates do not require prior approval by the
Mayor or Chair.
The total reimbursement shall not exceed the budget adopted by the Council for this purpose.
All reimbursements shall comply with the limits of Policy and Procedures 1-02 (Citywide Travel
Policy).
Expense reports should be submitted within 30 days of end of trip. Inability to provide such
documentation in a timely fashion may result in expense being borne by the Council Member or
Official.
• Meals
The City will provide a per diem (“per day”) allowance for meals and incidentals to Council
Mmembers or Officials who are approved to travel overnight for official City business. Council
Mmembers or Officials will receive a flat rate for meals and will not be required to submit receipts.
The per diem rate varies and is dependent on the destination of travel. The rates for the various
travel destinations are available on the U.S. General Services Administration website
(http://www.gsa.gov/portal/content/104877). When meals are provided at an event, the value of
that meal will be deducted from the daily per diem rate. Travelers will receive 75% of the daily per
diem amount on days requiring transportation to and from the location (i.e., departure day and
return day) regardless of departure and arrival times. Meals provided on days of travel shall be
deducted at full-value.
C. Lodging Expense
Council Mmembers or Officials shall select single occupancy, standard, non-deluxe
accommodations and should stay at hotels offering economical lodging rates. When possible,
travelers attending a conference or seminar should stay at conference hotels, which offer a
negotiated rate.
The City will not reimburse any cost related to the extension of a hotel stay beyond the time
necessary to complete the event. An out-of-state trip involving cross-county travel may
require hotel accommodations both before and after the conference or training.
Within California and adjoining states, an extra night’s hotel stay should not be necessary if
flight arrangements can be made the same day.
The use of hotels is restricted to cities located beyond 50 miles (one-way) from the City of
Palo alto or the traveler’s residence (whichever is shortest). For example, if the destination is
Sacramento and you live in Palo Alto (118 miles) or Oakland (81 miles), you would qualify for
a hotel (and per diem for meals). However, if you live in Vacaville (35 miles) or Lodi (36 miles)
you would not qualify for a hotel.
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Expenses incurred for guests of the traveler and the like are not reimbursable.
Incidental expenses related to City business shall be reimbursed at cost as
supported by submitted receipts. Incidental expenses may include hotel parking charges,
Internet connection services, and telephone charges.
The actual costs for parking will be reimbursed when approval to use a personal vehicle or
rental car is obtained in advance. Council Mmembers or Officials should use the lowest cost
alternative for parking within a reasonable area from the destination. Internet connection
services purchased to conduct City business are reimbursable. Other charges on the hotel
bill, such as pay-TV movies, cleaning, laundry, room service charges or charges for additional
guests are not reimbursable.
D. Transportation
1) Air Transportation
Council Mmembers or Officials shall fly economy class on the lowest flight available for
the most direct route to the final destination, which could reasonably include scheduled
layovers. Council Members or Officials are encouraged to make air reservations as early
as feasible to obtain the greatest discount and to consider the use of alternate but
nearby airports to take advantage of the lowest fares. Extension of the trip to cover a
weekend stay to obtain a lower airfare does not entitle the Council Member or Official
to be reimbursed for the extra day’s hotel.
Council mMembers or Officials may use City travel to qualify for frequent flyer credits, but
the selection of an airline for a given trip shall not be made for the purpose of
accumulating such credits. Council mMembers or Officials that choose to use their
personal frequent flyer miles for City business shall not be reimbursed for the value of
the tickets. If the airline charges for all checked baggage, the City will cover the cost for
one checked bag only. Excess baggage charges are not reimbursable.
2. Rental Cars
Rental cars shall be approved if other ground transportation, such as shuttles or taxis, is
more expensive during the stay at the destination. Only economy or compact car
models may be rented unless an upgrade is provided by the rental agency at no
additional cost. Because the City is self-insured, Council mMembers or Officials should
decline any additional insurance offered by the rental company. Council mMembers or
Officials must also decline the Fuel Purchase Options (which allows for prepayment of a
gas tank refill) and shall refuel prior to returning the rental car. Rental car options such
as GPS devices and any other extra optional charges are not reimbursable.
The use of a rental car, in lieu of a private auto, to travel to and from an out-of-town
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event will be reimbursed either at the current IRS mileage rate or the car rental cost
apportioned for the number of days used for City business, whichever is less.
3. Private Automobiles
Private automobiles may be used for personal or group transportation on extended trips.
Reimbursement shall be made at the current IRS mileage rate. The distance to be
reimbursed shall be measured from the place of work and from the employee’s home,
and the calculated mileage reimbursement shall be based upon which of the two
distances is shorter. Mileage reimbursement for private automobiles shall not exceed the
cost of round trip air transportation (economy class) for a reservation made at least
seven days in advance of the trip.
4.32. Local or Bay Area Activities
Council mMembers or Officials who have been requested or designated to represent the City
may receive the actual cost of:
A. Meals, if they are a scheduled feature of the activity, e.g., SCCCA dinner meetings.
B. Registration fees where applicable.
C. Mileage if activity is outside the City (mileage claims should be submitted monthly, with
details: date and type of meeting, number of miles traveled to be indicated), consistent
with City Policy and Procedures 1-02.
D. Council mMembers and Officials may be reimbursed by the City for use of a private
bicycle to attend local or Bay Area activities outside the City of Palo Alto consistent with
City Policy and Procedures 2-9.
4.43. Other Expenses
Ethics Training Expenses – AB1234 requires ethics training every two years and such fee and
related expenses are eligible for reimbursement.
4.44. Activities Not Considered Reimbursable
A. Voluntary attendance at any conference or meeting, not representing the City.
Meetings of social or service organizations.
B. Meetings of voter groups or with individual citizens concerned with agenda items.
• Election campaign activities.
• Alcohol and entertainment expenses.
• Personal portion of the trip and other non-mileage automobile expenses.
4.56. Reports to Council
Council mMembers and oOfficials shall provide brief verbal reports on meetings attended at the
City’s expense at the next regular Council/Board/Commission meeting. If multiple Officials
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attended, a joint report may be made. All related documents are subject to the Public Records
Act and can be periodically reviewed by auditors.
4.76. Violation of This Policy
Use of public resources or falsifying expense reports is in violation of this policy and may result in
any or all of the following:
- Loss of reimbursement privileges
- A demand for restitution to the City
- The City reporting the expenses as income to the elected or appointed Official to state and
federal tax authorities
- Civil penalties of up to $1000 per day and three times the value of the resources used
- Prosecution for misuse of public resources
4.87. Mayor and Vice Mayor Additional Compensation
The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional
expenses of these offices.
4.98. Support Services
The City Clerk’s Office makes travel arrangements for Council Mmembers. This service includes
conference registration, hotel reservations, per diem advances and reimbursement of unforeseen
expenses. The department liaison for each board and commission will be responsible for
arrangements for Officials.
4.10.9. Miscellaneous Expenditures
New Language: Miscellaneous Expenditures
None
(updated after Dec. 13 P&S Discussion)
X.1 Expenditure of City Council Contingency Funds
Expenditures from the City Council Contingency budget must be directed by Council motion, either via
a colleagues memo or as part of an agendized item.
X.2 City Purchase of Tickets or Sponsorship of Non-Profit Organization Events
the City Manager may purchase tickets or sponsor events by non-profit organizations, subject to
budget availability, under any of the following circumstances:
1. where the event serves a City educational purpose,
2. recognition for work done by staff (not including elected or appointed officials), or
3. expending budget allocations specifically intended for event attendance.
x.3 Expenditure for Annual Holiday Event
Expenditures from the Council special event budget may be directed to be expended for an annual
holiday celebration, subject to budget availability for attendance by Council members, executive
leadership staff and community leaders. Event details will be coordinated by the Mayor and
ITEM 4
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* * *
SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors [UPDATED to just reference existing
State law]
Members shall respect the confidentiality of information concerning the property, personnel or affairs of
the City. They shall neither disclose confidential information without proper legal authorization, nor use
such information to advance their personal, financial or other private interests. There are many State laws
regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised
of and comply with State law on these topics.
5.1. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, members
shall not use their official positions to influence decisions in which they have a material financial
interest or where they have an organizational responsibility or personal relationship, which may
give the appearance of a conflict of interest.
5.2. Gifts and Favors
It is contrary to the city of Palo Alto’s ethical standards for any council member to accept gifts or
gratuities from an individual, business, or organization doing business, or seeking to do business,
with the City or who is seeking permits or other entitlements from the City.
The acceptance of gifts can convey an appearance of favoritism and conflict of interest. Gifts can
be perceived as attempts to influence City operations or as compensation for services rendered
and can erode the public confidence in the impartiality of decisions made by Council
mMembers.
Council mMembers exercise good faith in carrying out this Protocol. It is impossible to list every
situation and fact pattern, so it anticipates that Council Mmembers will exercise their good
judgment in determining whether the item is a gift or not.
This policy is supplemental to the gift limitations of the Fair Political Practices Commission’s
Limitations and Restrictions on Gifts, Honoraria, Travel and Loans.
The following are not considered gifts under this Protocol:
A. Gifts which the Council member returns (unused) to the donor, or for which the Council
Member reimburses the donor, within 30 days of receipt.
B. Gifts from a Council Member’s spouse, child, parent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin or the
spouse of any such person, unless he or she is acting as an agent or intermediary for another
person who is the true source of the gift.
C. Minor gifts of hospitality involving food or drink, that the Council Member receives in an
individual’s home or at another location of business.
ITEM 4
Attachment B- Redlined Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 104 Packet Page 144 of 175
City Council Protocols and Procedures Handbook
53
D. Gifts approximately equal in value exchanged between the Council Member and another
individual on holidays, birthdays, or similar occasions.
E. Informational material provided to assist the Council member in the performance of their
official duties, including books, reports, pamphlets, calendars, periodicals, videotapes, or free or
discounted admission to informational conferences or seminars.
F. A bequest or inheritance.
G. Campaign contributions.
H. Personalized plaques and trophies with an individual value of less than $250.
I. Tickets to attend fundraisers for campaign committees or other candidates, and tickets to
fundraisers for organizations exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code.
J. Free admission, refreshments, and similar non-cash nominal benefits provided to the
Council Member at an event at which the Council Member gives a speech, participates
in a panel or seminar, or provides a similar service. Transportation within California, and
any necessary lodging and subsistence provided directly in connection with the speech,
panel, seminar, or similar service, are also not considered gifts.
K. Passes or Tickets which provide admission or access to facilities, goods, services, or other
benefits (either on onetime or repeat basis) that the Council Member does not use and does not
give to another person.
L. Wedding gifts
M. A prize or award received in a bona fide competition not related to official status. (These
exceptions are paraphrased from FPPC publications.)
N. Gifts from Sister Cities or other entities, other municipalities, if forwarded to the City.
5.3. Confidential Information
Members shall respect the confidentiality of information concerning the property, personnel or
affairs of the City. They shall neither disclose confidential information without proper legal
authorization, nor use such information to advance their personal, financial or other private
interests.
ITEM 4
Attachment B- Redlined Copy of
12.14.22 Council Procedures and
Protocols Handbook
Item 4: Page 105 Packet Page 145 of 175
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
Page 1 of 8
PURPOSE
The purpose of this policy is to provide procedures for the authorization of travel
and payment of travel expenses for City employees attending conferences,
training, and meetings. The policy will ensure that all travel related expenses are
reasonable and necessary for the conduct of City business.
For the purposes of this policy, City employees shall mean all full-time or part-
time exempt and non-exempt employees. Temporary or contract employees must
receive express authorization in advance from the Assistant City Manager or
designee for all travel related expenses.
Any exceptions to this policy must be approved by the Department Head and the
Assistant City Manager or designee.
PROCEDURE
A. Extended Travel
1) Authorization for Travel
Prior to the commitment or expenditure of any City funds for extended
travel (requiring an overnight stay or airfare), the employee shall obtain
approval for the event from a Department Head or Council Appointed
Officer (CAO). This authority cannot be delegated. The authorization for
out-of-state extended travel must also be approved by the Assistant City
Manager or designee.
No individual may authorize his/her own travel. Department Head travel
shall be approved by the City Manager or designee and CAO travel shall be
approved by the Assistant City Manager or designee.
A Pre-Travel Authorization form shall be used to request approval and to
document an estimate of total expenses (i.e., registration fees, lodging,
transportation, and meals). A copy of the official event brochure and/or
agenda of the event that describes the schedule of sessions, provided
transportation and meals, and other amenities of the event must be attached
to the form. IRS per diem rates shall be used for calculating estimated meal
expenditures.
ITEM 4
Attachment C- Citywide Travel
Policy (update 2-2-2016)
Item 4: Page 106 Packet Page 146 of 175
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
Page 2 of 8
The Pre-Travel Authorization form includes boxes that must be checked by
the employee and verified by the Department Head, CAO, Assistant City
Manager or designee, or City Manager or designee to indicate that:
Government rates have been requested for hotel and registration
Employee agrees to submit a Travel Expense Report within 30 days
after return from the trip
Professional Development will be used to reimburse employee for the
travel or training (if applicable)
Department Head/CAO/Assistant City Manager/City Manager approval
indicates that:
Government rates for hotel and registration have been verified
The request complies with the City’s Travel Policy and Procedures
Applicability of using Professional Development funds has been
determined
The original approved Pre-Travel Authorization form, along with the
official event brochure and/or agenda of the event, should be maintained by
the department and submitted with the Travel Expense Report at the
appropriate time.
2) Travel Arrangements
Departments are encouraged to make travel arrangements (registration fees,
lodging reservations, air transportation, and rental cars) on the Internet,
utilizing a procurement card for payment. A copy of the approved Pre-
Travel Authorization form should be attached to the monthly procurement
card activity log.
3) Reimbursable Travel Expenses
a) Registration Fee
Registration fees for those expenses indicated in the published event
materials. Government rates and/or any discounts offered for early
registration should be obtained whenever possible.
b) Lodging Expense
Travelers shall select single occupancy, standard, non-deluxe
accommodations and should stay at hotels offering economical
ITEM 4
Attachment C- Citywide Travel
Policy (update 2-2-2016)
Item 4: Page 107 Packet Page 147 of 175
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
Page 3 of 8
lodging rates. Travelers attending a conference or seminar are
encouraged to stay at conference hotels, which offer a negotiated
conference rate. When making reservations, travelers should request
government rates, if available. Traveling employees should carry
their City identification cards.
The City shall not reimburse any cost related to the extension of a
hotel stay beyond the time necessary to complete the event. An out-
of-state trip involving cross-country travel may require hotel
accommodations both before and after the conference or training.
Within California or adjoining states an extra night’s hotel stay
should not be necessary if flight arrangements can be made the same
day.
The use of hotels is restricted to cities located beyond 50 miles (one-
way) from the City of Palo Alto or the traveler’s residence
(whichever is shortest). For example, if the destination is
Sacramento and you live in Palo Alto (118 miles) or Oakland (81
miles), you would qualify for a hotel. However, if you live in
Vacaville (35 miles) or Lodi (36 miles) you would not qualify for a
hotel.
c) Transportation
Air Transportation
Travelers shall fly economy coach class on the lowest cost flight
available for the most direct route to the final destination, which
could reasonably include scheduled layovers. Travelers are
encouraged to make air reservations as early as feasible to obtain the
greatest discount and to consider the use of alternate but nearby
airports to take advantage of the lowest fares. Extension of the trip
to cover a weekend stay to obtain a lower airfare does not entitle the
traveler to be reimbursed for the extra day's hotel costs or meal
expenses. Travelers may use City travel to qualify for frequent flyer
credits, but the selection of an airline for a given trip shall not be
made for the purpose of accumulating such credits. Travelers that
choose to use their personal frequent flyer miles for City business
shall not be reimbursed for the value of the tickets. If the airline
charges for all checked baggage, the City will cover the cost for one
checked bag only. Excess baggage charges are not reimbursable.
ITEM 4
Attachment C- Citywide Travel
Policy (update 2-2-2016)
Item 4: Page 108 Packet Page 148 of 175
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
Page 4 of 8
Rental Cars
Rental cars shall only be approved, if other ground transportation,
such as shuttles or taxis, is more expensive during the stay at the
destination. Only economy or compact car models may be rented,
unless the upgrade is provided by the rental agency at no cost. Rental
car options such as GPS devices are not reimbursable. Because the
City is self-insured, employees should decline any additional
insurance offered by the rental company. Employees must also
decline any Fuel Purchase Options (which allow for prepayment of a
gas tank refill) and shall refuel prior to returning the rental car, if
additional charges apply for refueling. Use of a rental car, in lieu of a
private auto, to travel to and from an out-of-town event will be
reimbursed either at the current IRS mileage rate or the car rental
cost apportioned for the number of days used for City business,
whichever is less.
Private Automobiles
Employees may use private automobiles for personal or group
transportation on extended trips. Reimbursement shall be made at
the current IRS mileage rate. The distance to be reimbursed shall be
measured from the place of work and from the employee’s home,
and the calculated mileage reimbursement shall be based upon which
of the two distances is shorter. Mileage reimbursement shall not
exceed the cost of refundable round trip air transportation (economy
class) for a reservation made at least seven days in advance of the
trip.
City Pool Cars
City pool cars normally may not be used for transportation on
extended trips. Requests for use of City vehicles for this purpose
should be directed to the Fleet Manager, Equipment Management
Division, Public Works. For use of vehicles assigned to specific
divisions and/or individuals, refer to Vehicle Use Policy and
Procedures 4-1.
d) Meals
Effective April 27, 2015, the City will provide a per diem (“per
day”) allowance for meals and incidentals to employees who travel
overnight for official City business. Travelers will receive a flat rate
for meals and will not be required to submit receipts. If travelers use
a P-Card to pay for meals, it negates the per diem.
ITEM 4
Attachment C- Citywide Travel
Policy (update 2-2-2016)
Item 4: Page 109 Packet Page 149 of 175
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
Page 5 of 8
The per diem rate varies and is dependent on the destination of
travel. The rates for the various travel destinations are available on
the U.S. General Services Administration website
(http://www.gsa.gov/portal/content/104877) (these amounts are
subject to change every year). Each city has a dollar value for the
full day depending on the relative cost of meals in that jurisdiction.
When meals are provided as part of the cost of an event, that meal
will be deducted from the full day per diem rate. Travelers will
receive 75% of the full day per diem amount for days requiring
transportation to and from the location (i.e. departure day and return
day) regardless of departure and arrival times. Meals provided on
days of travel shall be deducted at full-value.
Travelers are required to look up the per diem rates as part of the
pre-approval authorization process.
e) Incidental Expenses
Incidental expenses related to City business shall be reimbursed at
cost as supported by submitted receipts. Incidental expenses may
include hotel parking charges, Internet connection services, and
telephone charges.
The actual costs for parking will be reimbursed when approval to use
a personal vehicle or rental car is obtained in advance. Travelers
should use the lowest cost alternative for parking within a reasonable
area from the destination. Internet connection services purchased to
conduct City business are reimbursable. Employees will be
reimbursed for telephone calls to City of Palo Alto offices. The hotel
bill should indicate any calls that are of a business nature.
Reimbursement for calls home is limited to one call per day of
reasonable length. Other charges on the hotel bill, such as pay-TV
movies, cleaning, laundry, room service charges (additional over
cost of meal) or charges for additional guests are not reimbursable.
4) Travel Expense Report
Within thirty business days after the employee's return from the trip, a
Travel Expense Report must be filed with the Accounting Division of ASD.
Employees are encouraged to complete the Travel Expense Report
electronically in Excel. Employees shall print and sign the Travel Expense
Report. When signing the Travel Expense Report, the employee certifies
that the expenses listed on the Report were incurred in conformance with
ITEM 4
Attachment C- Citywide Travel
Policy (update 2-2-2016)
Item 4: Page 110 Packet Page 150 of 175
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
Page 6 of 8
the Travel Policy and that the “amount due the employee” has not been
received from any other source. The original Pre-Travel Authorization
form must be attached to the Travel Expense Report. The filing of this
report is necessary whether or not reimbursement is requested in order to
document to the IRS that the travel expenses do not constitute
miscellaneous income to the employee. If this report is not filed within the
required thirty working days, no future travel requests will be processed for
the individual until outstanding travel and expense claims are complete.
The Travel Expense Report must account for all expenses, including
expenses paid by the procurement card, and all expenses must be supported
by itemized original receipts or copies of electronic receipts. For air
transportation, the original airline ticket or flight confirmation printout
should be attached. It is not sufficient to provide Internet quotes or pre-stay
web confirmations for air travel or lodging. For expenses paid with the P-
Card, the original receipts must be attached to the P-Card statement and
copies of the receipts should be attached to the Travel Expense Report.
The Travel Expense Report must be approved by the Department
Head/CAO or designee. (Each department/office provides a list of
designated approvers to ASD on an annual basis). Department Head travel
shall be approved by the City Manager or designee and CAO travel shall be
approved by the Assistant City Manager or designee. Department
Head/CAO approval is required for any expenses that were not authorized
on the Pre-Travel Authorization form. For missing documentation, the
traveler shall attach a written explanation detailing the expenditure and
reason for the missing receipt, and obtain Department Head approval.
If reimbursement is due to the employee, a check will be issued to the
employee using the Travel Expense Report (no separate claim voucher is
needed). If the reimbursement amount is $150 or less, the employee may
request reimbursement via petty cash.
B. Local One-Day Travel
Employees shall obtain verbal approval for one-day local travel (not requiring
airfare and/or an overnight stay) from his/her Department Head, Assistant
Department Head, Deputy Director, Division Head or designee prior to the
traveler’s departure. Designees must be management staff. A Pre-Travel
Authorization form is not required for local travel.
Typical reimbursable expenses for local travel include mileage, public
transportation, parking, bridge tolls, meeting or conference registration fees,
ITEM 4
Attachment C- Citywide Travel
Policy (update 2-2-2016)
Item 4: Page 111 Packet Page 151 of 175
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
Page 7 of 8
and meal expenses. Only expenditures supported by itemized receipts will be
reimbursed.
Travelers may be reimbursed for meal expenses. Itemized receipts for meals
must be maintained. The maximum reimbursement amount for meals shall be:
$15.00 for breakfast, $16.00 for lunch, and $28.00 for dinner. Under no
circumstances will expenses for alcoholic beverages be reimbursed by the City.
Meal reimbursements for local conferences, meetings, or training conducted
between the hours of 8 a.m. and 5 p.m., will be limited to lunch. When meals
are provided as part of the cost of an event, travelers will not be reimbursed for
the actual expenses of these meals.
Local travel meal expenses that do not meet the IRS definition of “business
related” will be considered taxable income and added to the employee’s W-2.
For a meal to be considered non-taxable, it must be “directly related” and
“associated with” the active conduct of City business. To meet this definition,
business must be conducted during the meal period. Meal expenses associated
with training do not meet the IRS definition of a business related meal. Such
meals will be considered taxable income and added to the employee’s W-2.
For all meal expense reimbursements, the form should include an explanation
of why the meal was necessary for the conduct of City business.
C. Night Meeting Meals
Meals taken by management employees assigned to attend night meetings will
be reimbursed for actual dinner expenses up to $20. Itemized receipts for meals
must be maintained. Reimbursement should be requested on a Citywide Petty
Cash Reimbursement form. To obtain the form, refer to the City’s Petty Cash
Policy. The Petty Cash Reimbursement form must be accompanied by the
meeting agenda.
Night meeting meal reimbursements are considered taxable income and will be
added to the employee’s W-2.
D. SEIU Overtime Meals
Meals taken by SEIU employees working emergency and non-emergency
overtime will be reimbursed in accordance with the contract between the City
and SEIU, currently in the amount of $10 for breakfast, $15 for lunch, and $20
for dinner. No receipts are required. Reimbursement should be requested on a
Citywide Petty Cash Reimbursement form.
ITEM 4
Attachment C- Citywide Travel
Policy (update 2-2-2016)
Item 4: Page 112 Packet Page 152 of 175
POLICY AND PROCEDURES 1-02/ASD
Travel Arrangements and Expense Reimbursement
Revised: January 28, 2016
Page 8 of 8
E. Reimbursement for Personal Vehicle Use on City Business
City pool cars, assigned vehicles or public transportation should be used for
trips between City facilities, to local meetings/training, or other events outside
the City limits but within the Bay Area whenever possible. If a city vehicle or
public transportation is not available or feasible, personal cars may be used and
mileage will be reimbursed at the prevailing IRS rate for the distance between
the employee’s home and the destination or work and the destination,
whichever is less. Mileage reimbursement requests shall include the number of
miles driven, the employee address, and the purpose of the trip.
Reimbursement requests that cover more than one date will be accepted on one
form if the trips are for the same purpose or meeting.
Recipients of an automobile expense allowance may not receive personal
vehicle mileage reimbursement, except in the case of business travel beyond
the Bay Area counties of Santa Clara, Alameda, Contra Costa, Solano, Napa,
Marin, San Francisco, San Mateo and Sonoma. In addition, CAO’s and
Department Heads who receive an automobile expense allowance in lieu of
exclusive use of a City automobile may not use City pool cars for business use
except on an emergency basis, which is documented by memo to the City
Manager.
NOTE: Questions and/or clarification of this policy should be directed to the
Administrative Services Department.
ITEM 4
Attachment C- Citywide Travel
Policy (update 2-2-2016)
Item 4: Page 113 Packet Page 153 of 175
4
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6
City Council
STAFF REPORT
From: City Manager
Report Type: ACTION ITEM
Lead Department: Public Works
Meeting Date: January 30, 2023
Title
Review and Provide Direction on Wage and Benefits Requirements for Inclusion in a New
Janitorial Services Request for Proposal (RFP)
Recommendation
Staff recommends that Council review and provide direction on the wage and benefits
requirements for the new Janitorial Services Request for Proposal (RFP).
Executive Summary
Staff is seeking Council direction on wage and benefit requirements for inclusion in a new
janitorial services RFP that will solicit proposals to service City facilities. To assist Council in the
discussion, options are presented for further input.
Wage and benefit requirement options:
Option 1 City-Determined Wages/Benefits: Total wage and benefits of $20.84
(estimated)
Option 2 PUC Prevailing Wage/Benefits: Total wage and benefits of $29.98
Option 3 PUC + Union Wage/Benefits: Total wage and benefits of $29.98 or
higher
Adding two additional janitorial job classifications for a total of seven classifications with
higher pay requirements for more demanding or highly skilled work
Councilmember Burt and Vice Mayor Stone, through a Colleagues Memo, have recommended
that a new janitorial contractor be required to provide PUC prevailing wages and benefits at a
minimum and require employees be covered by a collective bargaining agreement.
ITEM AA1.
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This item was originally agendized for Council’s November 14, 2022 meeting but was continued.
To avoid a gap in janitorial services, Council approved an amendment to extend the current
contract by six months. The new contract expiration date is August 31, 2023. Council direction
on RFP wage and benefit requirements is critical to proceeding with the RFP. Following the RFP
process, staff will bring forward a new contract for Council consideration in spring 2023.
Background
[1]
and December 2022[2]. Past janitorial contractors struggled to meet the City’s contract
performance standards. As part of the 2017 procurement, staff placed greater emphasis on
meeting performance solutions and adequate staffing levels. As part of the 2017 RFP
requirements and evaluation process, staff recognized that emphasis on characteristics such as
paying a higher wage and provision of health care and paid time off benefits would support the
goals of a more reliable and higher performing work force. The current contractor proposed the
highest employee hourly wage, provided paid time off, and health and welfare benefits to their
employees. Wages and benefits were included in the contract terms given their importance in
determination of the successful bidder. The improvement from previous contractors has been
dramatic. The contract custodial staffing has been well-managed by the current contractor, with
a significantly improved employee retention rate. Staff receives infrequent to no complaints of
service levels, a significant improvement from the daily complaints of missed or poor services
experienced with prior service providers.
Discussion
ITEM AA1.
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2. Defines two proposed additional janitorial job classifications for a total of seven
classifications: This provides higher wage requirements for more demanding or highly
skilled work (see Table 1 below).
Wage requirements, referenced as ‘City-determined Wages’ in Table 1, are essentially a
continuation of the wages required by the current contract. For example, the current contract
hourly wage for the Custodian classification is $17.39, while the hourly wage contemplated for
the RFP is $17.50. This figure could be adjusted higher based on CPI. This remains in compliance
with the City’s minimum wage effective January 1, 2023 of $17.25 per hour.
Staff has also considered requiring proposers to include alternative pricing based on the
California Public Utilities Code (PUC) prevailing wage for Janitor/Cleaner work in Santa Clara
County (Attachment A). While the PUC prevailing wage requirements do not legally apply to the
City’s janitorial services, they can be used to define a standard for wages and benefits for this
work in Santa Clara County, albeit only for the single job classification of Janitor/Cleaner.
Concurrently, Councilmember Burt and Vice Mayor Stone have submitted a Colleagues Memo on
this topic. The Colleagues Memo recommends that the new janitorial contractor be required to
provide PUC prevailing wages and benefits at a minimum and have employees covered by a
collective bargaining agreement.
Table 1 provides a comparison of hourly wage options for the new janitorial RFP. The PUC
prevailing wage is only defined for “Janitor/Cleaner”, so it would apply to all of the custodian
classifications that have been defined by the City. If Council directs that wages and benefits be
based on the PUC prevailing wage, staff could also develop wage requirements for the
classifications other than Custodian, using the PUC prevailing wage for Custodian as a basis. The
hourly wage for Union janitorial employees where the wage must be equal to or greater than the
PUC prevailing wage is not known, as it would be dependent on specific collective bargaining
agreements. Consistent with the current contract, staff expects to include a proposed wage
requirement of 3% annual wage increases over the five-year term, or to require increases in
alignment with the PUC prevailing wage.
ITEM AA1.
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Table 1: Comparison of Janitorial Worker Hourly Wage Options Applicable in May 2023
Custodian $17.50 $20.00 $20.00 or higher
Parking Garage Custodian $19.50 $20.00 $20.00 or higher
Parks Custodian $19.50 $20.00 $20.00 or higher
Utility Custodian $21.50 $20.00 $20.00 or higher
Lead Custodian $22.50 $20.00 $20.00 or higher
Police Department Custodian $25.50 $20.00 $20.00 or higher
Supervisor $30.50 n/a unknown
*Classifications and wages developed by staff for the current draft RFP.
In addition to minimum hourly wages, the City’s current contract and the PUC prevailing wage
require benefits such as time off and healthcare plans. Table 2 compares the total wages and
benefits, expressed as an hourly total, for the three potential RFP options. Similar to the hourly
wages comparison in Table 1, the wages and benefits for the for Union janitorial employees
where wages and benefits must be equal to or greater than the PUC prevailing wage is not known,
as they would be dependent on specific collective bargaining agreements.
Hourly Staff Cost Wage $17.50 $20.00 $20.00 or higher
Sick & Vacation Benefits $0.34 $0.81 $0.81 or higher
1-week PTO 5-10 days vacation, 3
days sick
5-10 days vacation,
3 days sick or more
ITEM AA1.
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Holiday $0 $0.46 $0.46 or higher
no paid holidays 4 holidays 4 holidays or more
Health & Welfare $3.00*$8.25 $8.25 or higher
Only after 24 months
of service
After 24 months of
service or earlier
Pension $0 $0.30 $0.30 or higher
401k optional
Leadership & Education $0 $0.09 $0.09 or higher
other training
Other Payment $0 $0.07 $0.07 or higher
Industry
Investigation Fund
Total Wage & Benefits $20.84 $29.98 $29.98 or higher
% Increase from “City-
determined
Wages/Benefits”n/a 44%44% or higher
* Estimated based on Health & Welfare benefits provided under current contract.
As demonstrated in Table 2, transitioning to PUC prevailing wages results in an estimated 44
percent increase in labor costs for the janitorial service provider. Transitioning to PUC prevailing
wages as a minimum with Union representation results in an estimated minimum 44 percent
increase, dependent on the terms of the collective bargaining agreement.
It is possible for staff to proceed with the RFP requesting alternative pricing for more than one
level of required wage and benefits. However, should Council direct the RFP to require a
collective bargaining agreement, staff would recommend this be stated as a proposal
requirement as individual proposers would likely either meet this requirement or not.
ITEM AA1.
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Timeline
The current contract expires on August 31, 2023. Once staff receives Council direction on RFP
wage and benefit requirements, staff will proceed with the RFP process, and will bring a new
contract to Council for consideration in spring 2023.
Funding for the current contract extended through August 31, 2023 (approximately $2.5 million
annually) was appropriated as part of the Fiscal Year 2023 Adopted Budget, with funding for July
and August 2023 subject to the Council’s appropriation of Fiscal Year 2024 funding. Based on
input from Council regarding the wage and benefits requirements for the RFP, additional funding
is expected to be needed and will be requested for appropriation when staff returns to Council
to recommend contract award. Adjustments to the funding for this contract will also be
recommended for alignment with the approved contract as part of the annual budget process
for subsequent fiscal years, subject to the Council’s appropriation of funding. Council may also
question the comparison of the costs described above with an alternative of providing janitorial
services with City employees. A preliminary review indicates that an in-house alternative would
cost at least 40 percent higher than the highest cost alternative shown here.
The City does not have a practice of including discretionary wage and benefit requirements in its
solicitations for services. Council direction for this janitorial contract RFP may lead to the
conclusion that other services should have similar requirements.
Staff is seeking direction from Council on wage and benefits requirements for the new RFP, and
will conduct industry outreach based on direction received.
No environmental review is required.
ITEM AA1.
Staff Report
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[1] City Council Staff Report June 2022 ID# 14161 https://www.cityofpaloalto.org/files/assets/public/public-
works/facilities/sr-14161-amendment-to-extend-term-with-swa-services-group-inc_1.pdf
[2] City Council Staff Report December 2022 ID#14820 https://www.cityofpaloalto.org/files/assets/public/agendas-
minutes-reports/reports/city-manager-reports-cmrs/2022/id.-14820-approval-of-amendment-no.-3-with-swa-
services-group-inc.-swa.pdf
ATTACHMENTS
Attachment A: Prevailing Wage Sheet
Report #:
ITEM AA1.
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3
5
Attachment A
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF
INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA PUBLIC UTILITIES CODE,
SECTIONS 465, 466 AND 467
Determination: STC-2021-1 Reference: 22-1877-2
Issue Date of Determination: December 22, 2021 Supersedes Det: STC-
2019-1
Expiration Date of Determination: April 30, 2024*. Effective until superseded by a new determination issued by
the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the
new rates after ten days from the expiration date if no subsequent determination is issued.
Locality: Santa Clara County
Craft: Janitor/Cleaner
Wage Rates:Classification Basic Straight-Time Hourly Rate
Janitor/Cleaner Expires 4/30/2022 $18.25
Effective 5/1/2022 $19.25
Effective 5/1/2023 $20.00
Employer Payments: (Public Utilities Code Section 465)
Health & Welfare:$8.25 per hour after 24 months of service.
Paid Holidays:Five (5) holidays per year or $0.35 per hour after 60 days of
service. Effective 5/1/2022 Five (5) holidays per year or $0.37 per hour after 60 days of
service. Effective 1/1/2023 Six (6) holidays per year or $0.44 per hour after 60 days of
service. Effective 5/1/2023 Six (6) holidays per year or $0.46 per hour after 60 days of
service. Effective 1/1/2024 Seven (7) holidays per year or $0.54 per hour after 60 days
of service.
Pension:$0.15 per hour after 90 days of service.
Effective 5/1/2023 $0.30 per hour after 90 days of service.
Paid Vacation:Five (5) days after 1 year of service or $0.35
per hour Ten (10) days after 3 years of
service or $0.70 per hour
Fifteen (15) days after 12 years of service or $1.05 per hour.
Effective 5/1/2022 Five (5) days after 1 year of service or $0.37 per hour
Ten (10) days after 3 years of service or $0.74 per
hour Fifteen (15) days after 12 years of service or
$1.11 per hour.
Effective 5/1/2023 Five (5) days after 1 year of service or $0.38 per hour
Ten (10) days after 3 years of service or $0.77 per
hour Fifteen (15) days after 10 years of service or
$1.15 per hour.
Paid Sick Leave:Three (3) days or $0.21 per hour.
Effective 5/1/2022 Three (3) days or $0.22 per hour.
Effective 5/1/2023 Three (3) days or $0.23 per hour.
ITEM AA1.
Attachment A - Prevailing Wage
Sheet
Item AA1.: Page 8 Packet Page 161 of 175
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3
5
Training:$0.075 per hour.
Effective 5/1/2022 $0.08 per hour.
Effective 5/1/2023 $0.085 per hour.
Other Payment: $0.05 per hour to Industry Investigation Fund.
Effective 5/1/2022 $0.06 per hour to Industry Investigation Fund.
Effective 5/1/2023 $0.07 per hour to Industry Investigation Fund.
Bereavement Leave: Three (3) days paid leave and covers immediate family members (mother, father, spouse, son,
daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, and registered domestic partner).
Recognized Holidays: New Year’s Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. If
a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday,
it shall be observed either on Friday or Saturday as determined by the employer. Effective 2023, add
Memorial Day. Effective 2024, add President’s Day.
Straight-time Hours: Eight (8) hours per day. A week’s work shall consist of five (5) consecutive days.
Overtime Rate: All work performed in excess of 8 hours per day and on the 6th day shall be paid at one and one-
half times (1½) the basic hourly rate. All work performed on the 7th day shall be paid double (2x) the straight-time
hourly rate. Work on a holiday shall be paid at one and one-half (1½) times the basic hourly rate in addition to the
regular day’s pay.
Travel and Subsistence: Employees required to furnish own vehicle between locations shall be reimbursed at the
rate of the standard IRS mileage rate.
ITEM AA1.
Attachment A - Prevailing Wage
Sheet
Item AA1.: Page 9 Packet Page 162 of 175
CITY COUNCIL
COLLEAGUE’S MEMO
Sponsor(s): Greer Stone, Patrick Burt
Meeting Date: January 23, 2023
TITLE
Responsible Contracting Standards Colleague's Memo (Stone & Burt)
BACKGROUND
On March 21, 2022, speakers at the City Council meeting raised concerns over labor conditions
and wages associated with the City’s third-party contract for janitorial services provided to the
City of Palo Alto. On July 14, 2022, the San Jose Spotlight released an article detailing
allegations of wage theft made by seven janitors that clean City facilities. left unaddressed, the
City faces the potential risk for labor disruption, interruption of services, and turnover of its
essential workforce. In addition, the city has a moral obligation to assure that the rights are
protected of workers performing contracted services to the city.
Background and Discussion:
In 2017, the City awarded its current janitorial services contract. As part of the bidding process,
City staff recommended the adoption of evaluation criteria to address issues with turnover and
low-quality performance. On March 21, 2022, speakers at the City Council meeting raised
concerns over labor conditions and wages associated with the contract. These concerns
included failure to pay contract wages, failure to provide a clear “Paid Time Off” or vacation
policy, failure to provide necessary materials to perform job duties, failure to reimburse
expenses and mileage, failure to provide safety training or personal protective equipment, and
failure to provide sufficient staffing.[1]
On September 15, 2022, Congresswoman Anna Eshoo wrote to Mayor Burt, recognizing “the
prevalence of reported exploitation in the janitorial industry, employers must be vigilant to
ensure that janitors are treated fairly.” Additionally, Congresswoman Eshoo encouraged the
city to “take into consideration the labor practices of any janitorial contractor with which it
engages.”[2] The City also received a letter on June 15, 2022, from State Senator Josh Becker,
encouraging an investigation into allegations of wage theft, because “property service
industries tend to have track records of high turnover, poor quality of service, and wage theft.
ITEM AA1.
Colleagues Memo
Item AA1.: Page 10 Packet Page 163 of 175
These issues are particularly prevalent in the janitorial industry where exploitation, sexual
harassment, and violations of wage and hour laws are commonplace.”[3] Assemblymember
Berman also urged Palo Alto to “adopt a higher level of standards for these subcontracted
services.”[4]
On July 14, 2022, the San Jose Spotlight released an article detailing the allegations of wage
theft made by seven janitors that clean City facilities. The article cited a report by the
Maintenance Cooperation and Trust Fund, a janitorial industry watchdog organization, which
describes the predominantly female Hispanic janitorial workforce as “especially vulnerable”
dealing with “greater hardships than many other types of low-wage”[5] workers. The article
also made reference to a situation in 2019 at the City of Fremont, which faced a two day labor
stoppage after janitors had a dispute over medical benefits. The article also referenced how
Mountain View recently adopted stricter standards to protect their subcontracted janitorial
workforce.[6] On January 28, 2020, the City of Mountain View adopted a motion that required
its Janitorial Services RFP to include that the awarded vendor be a firm whose employees are
covered by a collective bargaining agreement, janitors receive wages no less than the prevailing
wage as listed under the California Public Utilities Code, and that the State Labor Code’s worker
retention period be extended from 60 to 90 days.[7]
Recommendation:
As a City, we have an interest in ensuring we have uninterrupted operations, high quality
services, and that contracted workers performing services for the city are treated fairly. We
recommend the City Council direct staff to address the issues facing the City’s subcontracted
janitors by developing a policy that would heighten standards where needed within the
Janitorial Services RFP for the City Council to adopt for the upcoming and future such RFPs. This
policy should establish standards similar to those adopted by the City of Mountain View per
below:
“That the successful proposer be a firm whose employees are covered by a collective bargaining
agreement prior to the effective date of contract and that any individual performing janitorial
services for the City be paid no less than the prevailing wage and benefits established for
janitorial services pursuant to the California Public Utilities Code and set by the Department of
Industrial Relations.
That the higher wage rates and/or benefits will be paid should the collective bargaining
agreement’s wages and benefits and the prevailing wage and benefits differ.
That the State Labor Code’s worker retention period be extended from 60 to 90 days.”
Resource Implications:
Independent of this Colleagues Memo, staff has been evaluating options related to wage
requirements for the upcoming janitorial services Request for Proposals (RFP). Given the time
sensitivity of this issue in order to initiate a new contract for services, staff will present their
analysis to the City Council at the same time this Colleagues Memo is considered.
ITEM AA1.
Colleagues Memo
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[1] City of Palo Alto, “Council Consent Agenda Responses,” June 20, 2022.
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/council-
questions/20220620cqccs.pdf
[2] Congresswoman Anna Eshoo Letter, September 15, 2022. https://drive.google.com/file/d/1U5fZAzM3u5tLZf-
rZFpZZBofUJ8BynO0/view?usp=sharing
[3] Senator Josh Becker letter, June 15, 2022.
https://drive.google.com/file/d/14ZFpJNfSYmwT3Wznba3fTJzIC82vmgDc/view?usp=sharing
[4] Assemblymember Marc Berman letter, July 20, 2022. https://drive.google.com/file/d/1GeYSYxkrLungCxWg-
voHK3bHEuaHtmvL/view?usp=sharing
[5] “Janitors: The Pandemic’s Unseen Essential Workers,” Maintenance Cooperation Trust Fund, April 2021
[6] Ruth Silver Taube, “Palo Alto janitorial workers shed light on wage theft,” San Jose Spotlight, July 14, 2022.
https://sanjosespotlight.com/silver-taube-palo-alto-janitorial-workers-shed-light-on-wage-theft/
[7] City of Mountain View, “Meeting Minutes - Final,” January 28, 2020.
ITEM AA1.
Colleagues Memo
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City Council
Supplemental Report
From: Brad Eggleston, Director Public Works/City Engineer
Meeting Date: January 30, 2023
Item Number: AA1
TITLE
Supplemental Report - Wage Requirements for the Contract for next Janitorial Services
After the agenda for January 23, 2023 City Council meeting was published, staff
received the following questions related to payment of back wages to current and
former SWA employees. While SWA employee back wages are not directly related to
Council’s discussion and direction on wage and benefit requirements for the next
janitorial contract, the questions and their answers are useful background
information for the discussion and are therefore being provided in this Supplemental
Report.
1. My understanding is that checks will be mailed to the address SWA has on file, for both
current and former employees. Correct?
As required by Amendment No. 3 to the City’s contract with SWA, payment of back
wages will be the responsibility of SWA. SWA has informed the City they intend to make
these payments either by direct deposit or by a check mailed by certified return receipt
to the employee’s last known address.
2. If former employees want to ensure their address is up-to-date, should they contact the
city, or SWA, or both?
Former SWA employees should contact SWA to ensure their address is correct.
3. Does the city have an independent estimate of the number of workers affected and how
much each should receive? If so, what are they?
The City does not have an independent estimate, however, has reviewed a detailed
spreadsheet provided by SWA that lists each employee and the variance between actual
ITEM AA1.
Supplemental Report Issued
1.26.23
Item AA1.: Page 13 Packet Page 166 of 175
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pay and pay required by the contract for each pay period. Based on this list from SWA
there are about 60 individual current or former employees who are owed back
wages. The City does not have the calculation of back wages and compounded interest,
this is the responsibility of SWA, however, staff anticipates requesting records from
SWA for review in alignment with the current City Auditor task of reviewing the SWA
contract.
4. How is the city planning to ensure compliance? Who in the city can workers contact if
they don’t receive their check?
Amendment No. 3 to the City’s contract with SWA requires SWA to make the back wage
payment including interest by March 31, 2023, and to provide records to the City by
April 28, 2023 demonstrating the performance of these obligations. City staff will
perform spot checks of some payments to ensure they align with the back pay and
interest expected. SWA employees should contact SWA if they don’t receive their
payment, and staff suggests that they copy the City on their communication to SWA for
the City’s awareness.
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
ITEM AA1.
Supplemental Report Issued
1.26.23
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